Terms of Service
Last updated: Dec 2008
O'Reilly Media Inc. ("O'Reilly," "we," or "us") makes this site and the related site materials available for your access and use subject to your compliance with these Terms of Service ("TOS"). Your obligations under this TOS include the obligation to abide by our Community Guidelines and other terms and conditions ("supplemental terms") that apply to specific O'Reilly projects, products, and services.
"Site materials" means the content, tools, products, services, projects, and activities made available or enabled via this site.
By accessing or using this site, you agree to comply with this TOS, and you certify that you are at least 13 years old, and that if you are between 13 and 18 years old, you have obtained the consent of your parent or legal guardian to use this site. Do not use or access the site if you do not agree to this TOS.
You agree that you will not use the site or any site materials, project, or service to:
(a) transmit spam, bulk, or unsolicited communications;
All of your contributions and submissions to the site and any site projects or services must comply with the applicable policies and guidelines.
You represent and warrant with respect to each of your submissions that it
(i) does not include unauthorized disclosure(s) of personal information or trade secrets, and does not include any confidential information;
Some projects and activities on our site require that submissions made by you be made in accordance with the Creative Commons Attribution Share Alike License v.3.0 and/or any subsequent version, or another specified license. You agree that we shall be entitled to make use of the submission in accordance with the applicable license, without any obligation to you for such use other than the obligations imposed by that license.
Some opportunities for submitting content do not specify an applicable license. In the case of those submissions, you grant to us and our respective licensees and assigns, the perpetual, irrevocable, nonexclusive, and worldwide right to make any use of the submission that we deem suitable in our sole discretion (for example: reproduce, edit, display, publish, or display, publish, or distribute in any format or media), without any obligation to you for such use.
We agree that you retain ownership of the copyrights in your submissions, regardless of which license applies to our use, provided that if your submission contains third party or public domain content, we and you shall have the same rights as any member of the public with respect to the third party or public domain content.
If you submit ideas, suggestions, or proposals to us through our suggestion, user comment, or feedback pages, you acknowledge and agree that:
CONTENT LICENSES AND OWNERSHIP
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COPYRIGHT INFRINGEMENT CLAIMS
O'Reilly respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your copyrighted work has been copied and is accessible on an O'Reilly site in a way that constitutes copyright infringement, please send a written notice to our Copyright Agent that includes:
O'Reilly's Copyright Agent for notice of claims of copyright infringement can be reached at:
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ADVERTISEMENTS, THIRD PARTY POSTS, AND LINKS
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We may display advertisements and promotions from third parties on the site. Also, the site contains links to third party sites or resources. Your contacts and interactions with these third parties and your participation in these promotions are solely between you and the third party, and we are not responsible or liable for any loss or damage to you that may the result.
We don't endorse these third party sites or resources, and are not responsible for their availability.
The O'Reilly Logo, and other designations, marks and logos associated with O'Reilly products and services ("O'Reilly Marks") appearing on the site are trademarks, trade names and service marks owned by O'Reilly. Guidelines on the site may permit you to make certain specific uses of the O'Reilly Marks. You agree not to use any O'Reilly Marks without the prior written consent of O'Reilly, except as expressly permitted by the guidelines on our site.
You agree not to incorporate any O'Reilly Marks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations. You may not remove or alter any O'Reilly Marks, or co-brand your own services or material with any of the O'Reilly Marks.
You agree to indemnify and hold O'Reilly and its officers, directors, affiliates, subsidiaries, partners, agents, licensors, licensees, suppliers, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of this TOS, or your violation of any rights of any third party based on or related to your use of the site.
MODIFICATION AND TERMINATION OF SERVICES
We reserve the right in our sole discretion to remove site materials, modify, suspend or terminate the site (or any portion of it), and/or your use of or access, with or without notice. We will not be liable to you or any third-party for any modification, suspension, or termination of the site.
ASSUMPTION OF RISK, SAFETY, AND WARRANTY DISCLAIMER
You agree to assume all risk in downloading and using any site materials, and with respect to any project that you undertake based on any site materials. You must take precautions (e.g., virus scans, etc.) to ensure that any content you download is free of viruses, worms or other potentially destructive elements. O'Reilly provides no assurances that the site material is or will be free of viruses, problems, or errors, nor assurances that any such issues will be resolved.
Your safety when you undertake projects based on site material is your own responsibility, and your responsibilities include without limitation proper use of equipment and safety gear, and determining whether you have adequate skill and experience to perform the project. Power tools, electricity, and other resources used for these projects are dangerous, unless used properly and with adequate precautions, including safety gear. Some illustrations in the site materials do not depict safety precautions or equipment, in order to show the project steps more clearly. Projects described and depicted in the site materials are not intended for use by children.
YOUR USE OF THE SITE AND/OR ANY SITE MATERIALS IS AT YOUR SOLE RISK. THE SITE, INCLUDING WITHOUT LIMITATION ALL SITE MATERIALS, INFORMATION, AND SERVICES, IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. O'REILLY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. O'REILLY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR THE SITE MATERIALS.
O'REILLY MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY SITE MATERIALS, CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL OBTAINED BY YOU FROM O'REILLY, WHETHER OBTAINED THROUGH THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS TOS.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF, OR OBTAINING ANY CONTENT FROM, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM VIRUSES.
TO THE FULL EXTENT PERMITTED BY LAW, O'REILLY IS NOT AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR ECONOMIC ADVANTAGE ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY SITE MATERIALS, EVEN IF O'REILLY HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR RELY UPON.
IF THE RELEVANT JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
This TOS constitutes the complete and exclusive agreement between you and us relating to the subject matter that it covers, and it supersedes all prior versions. You also may be subject to additional terms and conditions that may apply when you use of O'Reilly products or services, or those of any third party. If a supplemental term conflicts with this TOS, the supplemental term will prevail. You agree that we may amend this TOS at any time by posting the amended terms on this site, without notice to you. Your use of the site after such posting will constitute consent to the modified TOS. A current version of this TOS will always be available at http://oreilly.com/terms/. It is your responsibility to review this TOS from time-to-time in order to be informed of TOS modifications.
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No failure to exercise promptly any right under this TOS will create a continuing waiver or any expectation of non-enforcement. If any provision of this TOS is held to be invalid by a court of competent jurisdiction, you agree that such provision will be replaced with a new provision that accomplishes the original purpose, and the other provisions of this TOS will remain in full force and effect.