Terms and Conditions
In these Terms, "we," "us," "its" and "our" refer to Integral, Inc. (the "Company" or "Integral"), and "you" and "your" refer to you. Before using Assembler.com.pl, please read these Terms carefully. These Terms are a binding legal agreement between you and Integral regarding your use of Assembler.com.pl.
Your use of Assembler.com.pl constitutes your agreement with the Terms, including the Assembler.com.pl Policies and the Assembler.com.pl Privacy Statement, both of which are incorporated by this reference into these Terms. If you do not agree to these Terms, then you are not granted rights to use Assembler.com.pl, and you should not access Assembler.com.pl.
Integral reserves the right to update and change these Terms, including, without limitation, the Privacy Statement and Policies, from time to time. Updates and changes to these Terms will be reflected in and accessible through the URL where such Terms first appeared. We will also update the "Last updated" date at the beginning of the Terms. Integral will notify registered users via email when any material changes are made to the Terms. Users should periodically review the most recent version of the Terms, including without limitation the Privacy Statement and Policies. Use of Assembler.com.pl after revision of the Terms constitutes acceptance of any changes.
1. REGISTRATION AND USER ACCOUNTS
In order to access certain Assembler.com.pl services, you may be required to register and obtain an account with Assembler.com.pl.
You should:
1. provide true, accurate, current and complete information (collectively, "Registration Data") when registering, and
2. update your Registration Data as necessary.
You will receive a password and account designation upon completing the Assembler.com.pl registration process. You are responsible for maintaining the confidentiality of your password and for all activities that occur through your account. You agree to immediately notify Integral of any unauthorized use of your Assembler.com.pl password or account or any other breach of security. Integral will not be liable for any loss or damage arising from your failure to provide accurate information or to keep your password secure. Please use a unique combination of numbers and letters (upper and lower case) for passwords and be sure to log off from your account at the end of each session.
2. YOUR USE OF Assembler.com.pl
Age
You represent and warrant that you are of legal age in your jurisdiction to create binding contractual and financial obligations and to assume any liability that you may incur as a result of your use of Assembler.com.pl. You must be 13 years of age or older to use Assembler.com.pl. If you are at least 13 years of age, but under the age of 18, your parent or legal guardian, as applicable, must expressly consent to your use of Assembler.com.pl. Assembler.com.pl is not intended for those under the age of 13. Use of Assembler.com.pl is void where prohibited.
Prohibited Persons
You represent you are not a person on a list barring you from receiving services under U.S. laws or other applicable jurisdiction, including without limitations, the Denied Persons List and the Entity List, and other lists issued by the U.S. Department of Commerce, Bureau of Industry and Security, detailed at http://www.bis.doc.gov/complianceandenforcement/ListsToCheck.htm (or successor sites thereto). Users residing in countries on the United States Office of Foreign Assets Control sanction list, including Cuba, Iran, North Korea, Sudan and Syria, may not post Content to, or access Content available through, Assembler.com.pl.
Compliance
You will use Assembler.com.pl in compliance with all applicable international, state, federal and local laws and in accordance with these Terms. To report any activity or Content that may be unlawful or may violate these Terms, please email staff@Assembler.com.pl, including full email headers where applicable.
Encryption
You are aware that all postings of open source encryption code controlled under U.S. Export Control Classification Number (ECCN) 5D002 must be simultaneously reported by email to the U.S. government. You are responsible for submitting this email report to the U.S. government in accordance with procedures described in: http://www.bis.doc.gov/encryption/PubAvailEncSourceCodeNofify.html and Section 740.13(e) of the Export Administration Regulations ("EAR") 15 C.F.R. Parts 730-772.
Prohibited Usage
In addition to the above, you may not access or use Assembler.com.pl for any purpose other than that for which Integral makes it available.
Without limiting any other remedies, Integral may suspend or terminate your Assembler.com.pl account if we suspect that you have engaged in unlawful or prohibited activity in connection with Assembler.com.pl.
Integral reserves the right, in its sole discretion to investigate and take appropriate legal action against anyone who, in Integral's sole discretion violates this provision. Prohibited activity includes, but is not limited to:
1. illegal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking (including using any information obtained on or via Assembler.com.pl to harass, abuse, stalk, or harm another person), spamming, copyright infringement, patent infringement, or theft of trade secrets;
2. using any information obtained from Assembler.com.pl in order to contact, advertise to, solicit, or sell to any user without such user's prior explicit consent (including non-commercial contacts like chain letters);
3. compiling or collecting Associated Content, Site Materials, or Sponsor Content from Assembler.com.pl as part of a database or other work;
4. interfering with, disrupting, or creating an undue burden on Assembler.com.pl or the networks or services connected to Assembler.com.pl, including, without limitation, any attempt to circumvent the access controls or security measures of Assembler.com.pl;
5. accessing Assembler.com.pl by any means other than through interfaces provided by Integral, unless otherwise specifically authorized by Integral in a separate, prior written agreement;
6. circumventing, disabling or otherwise interfering with security-related features of Assembler.com.pl, or features that prevent or restrict use or copying of any Materials or enforce limitations on use of Assembler.com.pl or the Materials therein;
7. attempting to impersonate another user or person, using the user account of another person, and selling or otherwise transferring your user account, or otherwise misrepresenting your affiliation with a person or entity; and,
8. selling, reselling or offering for any commercial purposes, any portion of, use of, or access to Assembler.com.pl, except where specifically endorsed or approved by Integral.
3. USER CONTENT
Content
Definitions
As used throughout these Terms:
* "Code" means any software code you submit, post, display or distribute via:
1. any of our software configuration management ("SCM") repositories (currently, CVS, Subversion, Git, Bazaar and Mercurial) or
2. Assembler.com.pl's file release system.
* "Associated Content" means any text, data, music, sound, photograph, graphic, video, message or material, whether publicly posted or privately transmitted via Assembler.com.pl, but does not include Code.
* "Content" means any Code or Associated Content.
Responsibility
You are responsible for the Content that you post, submit, create, transmit or display on or through Assembler.com.pl ("Your Content") and are liable for any consequences thereof.
Communications in chat areas, forums, bulletin boards or other public or common areas of Assembler.com.pl are not private communications. You should use caution when submitting any Content that contains your personal information to a public or common area of Assembler.com.pl.
Posting
When you create or make available Your Content, you represent and warrant that:
1. you own or have sufficient rights to post or make available Your Content on or through Assembler.com.pl;
2. the posting or making available of Your Content on or through Assembler.com.pl does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights, including intellectual property rights, of any person or entity;
3. you have fully complied with any third-party licenses relating to Your Content, agree to pay for all royalties, fees and any other monies owing any person by reason of any of Your Content that you posted on or through Assembler.com.pl;
4. Your Content does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
5. Your Content is not obscene, lewd, lascivious, excessively violent, harassing, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another;
6. Your Content does not endorse or promote racism, bigotry, hatred, or physical harm of any kind against another group or individual, and does not discriminate, incite harassment or advocate harassment of any group or individual;
7. Your Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health and well-being of minors;
8. if your employer has rights to intellectual property you create, you have either
1. received permission from your employer to make available Your Content, or
2. secured from your employer a waiver as to all rights in or to Your Content;
9. Your Content does not constitute, contain, install or attempt to install or promote spyware or malware or any other computer code (whether on Integral's or others computers or equipment) intended to, or that does, enable you or others to gather information about or monitor the online or other activities of another party, unless it discloses such functionality to the user in a clear and conspicuous manner and the user affirmatively consents to such use; and,
10. Your Content does not otherwise violate, or link to material that violates, any provision of these Terms or any local, state, or federal law or regulation, including any law designed to regulate electronic advertising.
Enforcement
Integral will not pre-screen or review Content; however, Integral reserves the right (but does not undertake the obligation) in its sole discretion to:
1. monitor Assembler.com.pl for violations of these Terms,
2. take appropriate legal action against anyone who, in Integral's sole discretion, violates these Terms, including, without limitation, reporting violations to law enforcement authorities;
3. refuse, restrict access to or the availability of, or disable access to or the availability of (to the extent technologically feasible) any user's Content or any portion thereof that may violate these Terms or any Integral Policy;
4. terminate the accounts of infringers;
5. otherwise manage Assembler.com.pl in a manner designed to protect the rights and property of Integral and others and to facilitate the proper functioning of Assembler.com.pl; and
6. restrict access to or the availability of material that Integral, in its sole discretion, considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
Your Rights to Your Content
You retain your ownership rights to any and all of Your Content. Integral claims no ownership of any Content you submit to Integral. You or your third party licensor, as applicable, retain all intellectual property rights to any Content and you are responsible for protecting those rights, as appropriate.
Code Licenses Granted to Integral and Other Users
When you submit, post, upload or otherwise provide Code to Assembler.com.pl, you must designate promptly the software license pursuant to which licensees (including Integral) obtain rights with respect to such Code. Except as otherwise expressly permitted by these Terms, any Code submitted to Assembler.com.pl must be licensed to Integral and other licensees under a license that is:
1. compliant with the Open Source Initiative ("OSI")'s Open Source Definition (http://www.opensource.org/docs/osd) or
2. certified as an "OSI-Approved License" (http://opensource.org/licenses).
Please note that Integral is not affiliated with the OSI.
Notwithstanding anything to the contrary in these Terms, once you have selected the OSI-Approved or compliant license applicable to your Code, Integral shall be a licensee of such Code under the applicable OSI-Approved or compliant license that you have chosen. You shall promptly notify Integral in writing if you do not have the right to grant Integral or any other user an OSI-Approved or compliant license to your Code. Until such time as you have selected the OSI-Approved or compliant license applicable to your Code, Integral shall be a licensee of such Code under the license terms applicable to Associated Content.
Compliance
By submitting Code to Assembler.com.pl, you certify that your Code is in compliance with the OSI-Approved or compliant license that you designate, and you hereby represent and warrant that you have all rights, licenses and consents necessary to grant Integral and other users the rights and licenses granted herein, and under the OSI-Approved or compliant license you designate, without infringement of any third party rights. In addition, the Code that you submit must also be made available in human-readable (i.e., "Source Code") form. Whenever reasonably feasible, you agree that you will make Source Code available on or via Assembler.com.pl corresponding to Code that you post, submit, display or distribute. You must make Source Code available for all portions of Code that you have modified, enhanced or otherwise created derivative works from (with any such modification or derivative work being a "Change").
Integral acknowledges that there may be situations where posting Source Code is not reasonably feasible; examples of such situations are when you are posting Code that: (a) is ancillary to other Code that you have Changed but such Code is only available to you in binary or executable form (such as closed-source device drivers or closed-source software frameworks); (b) is otherwise readily available in Source Code form online as part of an Open Source distribution, and where you notify users that the Source Code for such distribution is available elsewhere on the Internet (and you also provide a link to that location); or (c) Integral agrees in writing does not need to be posted in Source Code form.
License to Associated Content
You hereby grant Integral a worldwide, non-exclusive, irrevocable, perpetual, fully sublicensable, transferable (in accordance with Section 16), royalty-free right and license to use, reproduce, adapt, modify, translate, create derivative works from, publish, perform, display, rent, resell and distribute Associated Content (in whole or part) and incorporate Associated Content in other works, in any form, media, or technology developed by Integral, though Integral is not required to incorporate such Associated Content into any Integral products or services. Integral reserves the right to syndicate Associated Content submitted, posted or displayed by you on or through Assembler.com.pl and use that Associated Content in connection with any service offered by Integral.
You hereby represent and warrant that you have all rights, licenses and consents necessary to grant Integral and other users the rights and licenses granted herein to the Associated Content without infringement of any third party rights.
4. PROPRIETARY RIGHTS
Integral's Rights
The code, text, graphics, photos, sounds, sayings and the like that are available on and via Assembler.com.pl ("Site Materials") and the trademarks, service marks and logos of Integral contained thereon ("Marks"), which are owned by or licensed to Integral, are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
Your use of the Integral Marks must be in accordance with Integral's trademark guidelines detailed at http://geek.net/trademark-usage. Assembler.com.pl is a registered trademark of Integral in the United States and other countries; Integral, the Assembler.com.pl logo and other Assembler.com.pl-related trademarks, service marks, and product and service names are trademarks of Integral. All other names and designs may be trademarks of their respective owners.
You will not to remove, obscure, or alter Integral's or any third party's copyright, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Assembler.com.pl.
If you provide feedback to us regarding Assembler.com.pl ("Feedback"), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
Advertisers' Rights
Content contained in sponsor advertisements or presented to you on or via Assembler.com.pl ("Sponsor Content") may - and likely does - include proprietary and confidential information that is protected by intellectual property and other laws and treaties.
Site Materials, Content and Sponsor Content available on and via Assembler.com.pl, and any other software used in connection with operating Assembler.com.pl, are provided to you "AS IS" for your personal information and use, except as expressly authorized by Integral or respective third party rights holders in a separate written agreement. You agree not to otherwise use, copy, modify, rent, lease, loan, sell, distribute, transmit, broadcast, publish, display, create derivative works of, or exploit the Site Materials, Content, Sponsor Content, and any software used in connection with operating Assembler.com.pl, in whole or in part.
5. COPYRIGHT INFRINGEMENT
Copyright
Integral respects the intellectual property rights of others, and asks you to do the same. It is Integral's policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. You may not post, modify, distribute or reproduce in any way any copyrighted materials, trademarks or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
Our procedures for responding to alleged copyright infringement are consistent with the form suggested by the United States Digital Millennium Copyright Act, the text of which can be found at the U.S. Copyright Office web site http://www.copyright.gov/legislation/dmca.pdf. Please note that you will be liable for damages (including costs and attorneys' fees) if you make any material misrepresentations when making or countering a copyright infringement claim.
If you believe that your work has been copied and is accessible on or via Assembler.com.pl in a way that constitutes copyright infringement, send a written notification pursuant to Assembler.com.pl's Digital Millennium Copyright Act ("DMCA") Notification Procedure.
Trademarks
Integral is generally unable to evaluate the merits of trademark disputes because trademark rights may be based on registration or common law use, exist only for certain categories of goods or services and may differ internationally. Therefore, Integral expects you to resolve trademark disputes directly with the project administrator(s) rather than utilize Integral as an intermediary.
6. Assembler.com.pl PRIVACY STATEMENT
We use your information only as described in our Privacy Statement. If you object in any way to our practices, do not access or use Assembler.com.pl.
You understand that the technical processing and transmission of Your Content may involve transmissions over various networks and systems, including those located outside of your country and those beyond the control of Integral.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Integral has no responsibility or liability for the deletion or failure to store any Content or other communications maintained on or transmitted via Assembler.com.pl. While Integral will use reasonable efforts to back up Assembler.com.pl data and make such data available in the event of loss or deletion, Integral has no responsibility or liability for the deletion or failure to store any communications or Content maintained or transmitted on Assembler.com.pl. Integral encourages you to make - and update frequently - backup copies of Your Content.
Though Integral has no set fixed upper limit on the number of transmissions you may send or receive on or via Assembler.com.pl, or the amount of storage space you may use, Integral retains the right, at its sole discretion, to create limits at any time.
8. TERM AND TERMINATION
These Terms shall remain in full force and effect while you are a user of Assembler.com.pl. You may terminate your use or participation at any time, for any reason, by following the instructions in your account.
Integral, in its sole discretion, reserves the right to mark as "inactive" and archive Assembler.com.pl accounts or projects that are inactive for extended periods of time.
Upon the termination of your Assembler.com.pl account, for any reason, including as a result of inactivity, violation of these Terms, or receipt of a certificate or other legal document confirming your death, Integral will close your account and you will no longer be able to retrieve materials contained in that account.
9. LINKS TO THIRD PARTY WEB SITES
Links to third-party web sites on Assembler.com.pl are provided solely as a convenience to the user. When you use these links, you leave Assembler.com.pl. Integral has not reviewed third-party sites, does not control, and is not responsible for, any of these sites, their content or their privacy practices. Integral does not endorse or make any representations about the third-party sites, or any information, services, or products found on the sites. If you decide to access any linked sites, Integral encourages you to read the privacy statements on such linked site. You access linked sites at your own risk.
10. INDEMNITY
YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND Integral AND EACH OF Integral'S ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS (COLLECTIVELY, "Integral INDEMNIFIED PARTIES") FROM ANY AND ALL THIRD PARTY CLAIMS, CAUSES OF ACTIONS, PROCEEDINGS, LIABILITIES, DAMAGES, OR OTHER DEMANDS ("CLAIMS") (INCLUDING BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES, ACCOUNTING EXPENSES, AND LEGAL COSTS), ARISING FROM OR RELATED TO (A) YOUR (OR ANY USER OF YOUR ACCOUNT) ACCESS TO OR USE OF Assembler.com.pl AND SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR OR OTHERS' ACCESS OF CONTENT OR OTHER MATERIALS AVAILABLE BY MEANS OF Assembler.com.pl OR THIRD-PARTY WEB SITES, OR YOUR PURCHASING OF GOODS OR SERVICES FROM THIRD PARTIES; (B) YOUR VIOLATION OF THESE TERMS OR BREACH OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY CONTAINED IN THESE TERMS; OR (C) YOUR CONTENT OR PROVISION TO Assembler.com.pl OF INFORMATION OR ANY OTHER PRODUCTS, POSTINGS, OFFERINGS, DATA OR MATERIALS. Integral INDEMNIFIED PARTIES WILL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO PARTICIPATE, THROUGH COUNSEL OF THEIR CHOICE, IN ANY DEFENSE BY YOU OF ANY CLAIM AS TO WHICH YOU ARE REQUIRED TO DEFEND, INDEMNIFY OR HOLD HARMLESS THE Integral INDEMNIFIED PARTIES ("INDEMNIFIED CLAIM'). YOU MAY NOT SETTLE ANY INDEMNIFIED CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF THE CONCERNED Integral INDEMNIFIED PARTIES.
11. DISCLAIMER OF WARRANTIES
Integral cannot control the nature of the Content available on or via Assembler.com.pl. By operating Assembler.com.pl, we do not represent or imply that (1) Integral endorses any Content or any other materials or items available on or via Assembler.com.pl, including without limitation content hosted on third-party websites; or (2) that Integral believes any Content to be accurate, useful or non-harmful.
Integral cannot guarantee and does not promise any specific results from use of Assembler.com.pl. No advice or information, whether oral or written, obtained by you from Integral or via Assembler.com.pl will create any warranty not expressly stated herein.
ALL PRODUCTS, SERVICES, INFORMATION, CONTENT OR ANY OTHER MATERIALS OR ITEMS PROVIDED ON OR VIA Assembler.com.pl ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. Integral DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS, SERVICES OR INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH Assembler.com.pl OR ANY LINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Integral WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT, PRODUCTS, SERVICES OR INFORMATION. AS WITH THE PURCHASE OF A PRODUCT, SERVICE OR INFORMATION THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Integral DOES NOT WARRANT THAT Assembler.com.pl SERVICES WILL BE TIMELY, UNINTERRUPTED, OR SECURE. SCHEDULED AND PREVENTIVE MAINTENANCE, AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO Assembler.com.pl. WE DO NOT ASSUME RESPONSIBILITY FOR DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
YOU AGREE THAT YOUR USE OF Assembler.com.pl WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Integral AND EACH OF ITS ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH Assembler.com.pl, YOUR USE THEREOF, THE ACCURACY OR COMPLETENESS OF Assembler.com.pl'S CONTENT, THE CONTENT OF ANY WEB SITE LINKED TO Assembler.com.pl OR THE SERVICES, PRODUCTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS OFFERED AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF Assembler.com.pl, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM Assembler.com.pl, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO, ON OR VIA Assembler.com.pl BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR VIA Assembler.com.pl.
Integral RESERVES THE RIGHT TO CHANGE ITS WARRANTY POLICY SET FORTH HEREIN, AT ANY TIME BY UPDATING THESE TERMS.
12. LIMITED LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, Integral WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM: (A) RELIANCE ON Assembler.com.pl MATERIALS, (B) LOSS OF USE, DATA, PROFITS, GOODWILL AND/OR OTHER INTANGIBLE LOSSES (INCLUDING WITHOUT LIMITATION THE INABILITY TO USE Assembler.com.pl SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON Assembler.com.pl), OR (C) DELAYS OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF Assembler.com.pl), WHETHER BASED ON BREACH OF CONTRACT, WARRANTY BREACH, TORT, OR OTHERWISE, ARISING FROM YOUR USE OF Assembler.com.pl, EVEN IF Integral HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Integral'S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO US$100. YOU ACKNOWLEDGE AND AGREE THAT Integral WOULD BE UNWILLING TO MAKE AVAILABLE Assembler.com.pl ABSENT THE FOREGOING LIMITATIONS OF LIABILITY, WHICH FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
13. EXCLUSIONS AND LIMITATIONS
SOME STATES OR JURSIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
14. RELATIONSHIP OF THE PARTIES
Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Integral and any user nor do these Terms extend rights to any third party.
15. DISPUTES WITH Integral, CHOICE OF LAW AND FORUM
All disputes arising out of or relating to these Terms (including its formation, performance or alleged breach) of your access to or use of the Content and Assembler.com.pl, including without limitation your or others' downloading or consumption of Content or other materials available by means of Assembler.com.pl or third party web sites, your uploading Content to Assembler.com.pl, or your purchasing of goods or services from third parties, will be exclusively resolved under confidential binding arbitration held in Santa Clara County, California before and in accordance with the rules of JAMS. Notwithstanding the foregoing, Integral will have the right to seek injunctive relief to enforce these Terms or to stop or prevent an infringement of proprietary or other third party rights.
In the event of litigation or to compel arbitration or to enforce an arbitration award under this Section, or to obtain an injunction under this Section, the parties hereby irrevocably consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Santa Clara County, California. The Terms and the relationship between you and Integral shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree the UN Convention on Contracts for the International Sale of Goods shall not apply.
16. GENERAL
Notice
Integral may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Assembler.com.pl.
Entire Agreement
Unless superceded explicitly by a separate written agreement executed between you (or, where applicable, your employer) and Integral, the Terms constitute the entire agreement between you and Integral with respect to the subject matter hereof and govern your use of Assembler.com.pl, and supercede any and all prior understandings and agreements between you and Integral related to the subject matter hereof. The section headings in the Terms are for convenience only and have no legal or contractual effect. There are and will be no third party beneficiaries to the Terms.
Waiver And Severability Of Terms
The failure of Integral to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Time Limit For Filing Claims
Any claim or cause of action arising out of or related to use of Assembler.com.pl or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Assignment
In our sole discretion, we may assign these Terms, in whole or in part, by providing notice in accordance with the notice provision in this Section should Integral ever file for bankruptcy or in the event of a sale, merger, acquisition or other transfer of all or substantially all of Assembler.com.pl. You may not assign these Terms, in whole or in part, without Integral's prior written consent.
Contact Us
If you have any questions or concerns about these Terms, any policy, or Assembler.com.pl generally, please send us a thorough description by email to kontakt@assembler.com.pl
Your use of Assembler.com.pl constitutes your agreement with the Terms, including the Assembler.com.pl Policies and the Assembler.com.pl Privacy Statement, both of which are incorporated by this reference into these Terms. If you do not agree to these Terms, then you are not granted rights to use Assembler.com.pl, and you should not access Assembler.com.pl.
Integral reserves the right to update and change these Terms, including, without limitation, the Privacy Statement and Policies, from time to time. Updates and changes to these Terms will be reflected in and accessible through the URL where such Terms first appeared. We will also update the "Last updated" date at the beginning of the Terms. Integral will notify registered users via email when any material changes are made to the Terms. Users should periodically review the most recent version of the Terms, including without limitation the Privacy Statement and Policies. Use of Assembler.com.pl after revision of the Terms constitutes acceptance of any changes.
1. REGISTRATION AND USER ACCOUNTS
In order to access certain Assembler.com.pl services, you may be required to register and obtain an account with Assembler.com.pl.
You should:
1. provide true, accurate, current and complete information (collectively, "Registration Data") when registering, and
2. update your Registration Data as necessary.
You will receive a password and account designation upon completing the Assembler.com.pl registration process. You are responsible for maintaining the confidentiality of your password and for all activities that occur through your account. You agree to immediately notify Integral of any unauthorized use of your Assembler.com.pl password or account or any other breach of security. Integral will not be liable for any loss or damage arising from your failure to provide accurate information or to keep your password secure. Please use a unique combination of numbers and letters (upper and lower case) for passwords and be sure to log off from your account at the end of each session.
2. YOUR USE OF Assembler.com.pl
Age
You represent and warrant that you are of legal age in your jurisdiction to create binding contractual and financial obligations and to assume any liability that you may incur as a result of your use of Assembler.com.pl. You must be 13 years of age or older to use Assembler.com.pl. If you are at least 13 years of age, but under the age of 18, your parent or legal guardian, as applicable, must expressly consent to your use of Assembler.com.pl. Assembler.com.pl is not intended for those under the age of 13. Use of Assembler.com.pl is void where prohibited.
Prohibited Persons
You represent you are not a person on a list barring you from receiving services under U.S. laws or other applicable jurisdiction, including without limitations, the Denied Persons List and the Entity List, and other lists issued by the U.S. Department of Commerce, Bureau of Industry and Security, detailed at http://www.bis.doc.gov/complianceandenforcement/ListsToCheck.htm (or successor sites thereto). Users residing in countries on the United States Office of Foreign Assets Control sanction list, including Cuba, Iran, North Korea, Sudan and Syria, may not post Content to, or access Content available through, Assembler.com.pl.
Compliance
You will use Assembler.com.pl in compliance with all applicable international, state, federal and local laws and in accordance with these Terms. To report any activity or Content that may be unlawful or may violate these Terms, please email staff@Assembler.com.pl, including full email headers where applicable.
Encryption
You are aware that all postings of open source encryption code controlled under U.S. Export Control Classification Number (ECCN) 5D002 must be simultaneously reported by email to the U.S. government. You are responsible for submitting this email report to the U.S. government in accordance with procedures described in: http://www.bis.doc.gov/encryption/PubAvailEncSourceCodeNofify.html and Section 740.13(e) of the Export Administration Regulations ("EAR") 15 C.F.R. Parts 730-772.
Prohibited Usage
In addition to the above, you may not access or use Assembler.com.pl for any purpose other than that for which Integral makes it available.
Without limiting any other remedies, Integral may suspend or terminate your Assembler.com.pl account if we suspect that you have engaged in unlawful or prohibited activity in connection with Assembler.com.pl.
Integral reserves the right, in its sole discretion to investigate and take appropriate legal action against anyone who, in Integral's sole discretion violates this provision. Prohibited activity includes, but is not limited to:
1. illegal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking (including using any information obtained on or via Assembler.com.pl to harass, abuse, stalk, or harm another person), spamming, copyright infringement, patent infringement, or theft of trade secrets;
2. using any information obtained from Assembler.com.pl in order to contact, advertise to, solicit, or sell to any user without such user's prior explicit consent (including non-commercial contacts like chain letters);
3. compiling or collecting Associated Content, Site Materials, or Sponsor Content from Assembler.com.pl as part of a database or other work;
4. interfering with, disrupting, or creating an undue burden on Assembler.com.pl or the networks or services connected to Assembler.com.pl, including, without limitation, any attempt to circumvent the access controls or security measures of Assembler.com.pl;
5. accessing Assembler.com.pl by any means other than through interfaces provided by Integral, unless otherwise specifically authorized by Integral in a separate, prior written agreement;
6. circumventing, disabling or otherwise interfering with security-related features of Assembler.com.pl, or features that prevent or restrict use or copying of any Materials or enforce limitations on use of Assembler.com.pl or the Materials therein;
7. attempting to impersonate another user or person, using the user account of another person, and selling or otherwise transferring your user account, or otherwise misrepresenting your affiliation with a person or entity; and,
8. selling, reselling or offering for any commercial purposes, any portion of, use of, or access to Assembler.com.pl, except where specifically endorsed or approved by Integral.
3. USER CONTENT
Content
Definitions
As used throughout these Terms:
* "Code" means any software code you submit, post, display or distribute via:
1. any of our software configuration management ("SCM") repositories (currently, CVS, Subversion, Git, Bazaar and Mercurial) or
2. Assembler.com.pl's file release system.
* "Associated Content" means any text, data, music, sound, photograph, graphic, video, message or material, whether publicly posted or privately transmitted via Assembler.com.pl, but does not include Code.
* "Content" means any Code or Associated Content.
Responsibility
You are responsible for the Content that you post, submit, create, transmit or display on or through Assembler.com.pl ("Your Content") and are liable for any consequences thereof.
Communications in chat areas, forums, bulletin boards or other public or common areas of Assembler.com.pl are not private communications. You should use caution when submitting any Content that contains your personal information to a public or common area of Assembler.com.pl.
Posting
When you create or make available Your Content, you represent and warrant that:
1. you own or have sufficient rights to post or make available Your Content on or through Assembler.com.pl;
2. the posting or making available of Your Content on or through Assembler.com.pl does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights, including intellectual property rights, of any person or entity;
3. you have fully complied with any third-party licenses relating to Your Content, agree to pay for all royalties, fees and any other monies owing any person by reason of any of Your Content that you posted on or through Assembler.com.pl;
4. Your Content does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
5. Your Content is not obscene, lewd, lascivious, excessively violent, harassing, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another;
6. Your Content does not endorse or promote racism, bigotry, hatred, or physical harm of any kind against another group or individual, and does not discriminate, incite harassment or advocate harassment of any group or individual;
7. Your Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health and well-being of minors;
8. if your employer has rights to intellectual property you create, you have either
1. received permission from your employer to make available Your Content, or
2. secured from your employer a waiver as to all rights in or to Your Content;
9. Your Content does not constitute, contain, install or attempt to install or promote spyware or malware or any other computer code (whether on Integral's or others computers or equipment) intended to, or that does, enable you or others to gather information about or monitor the online or other activities of another party, unless it discloses such functionality to the user in a clear and conspicuous manner and the user affirmatively consents to such use; and,
10. Your Content does not otherwise violate, or link to material that violates, any provision of these Terms or any local, state, or federal law or regulation, including any law designed to regulate electronic advertising.
Enforcement
Integral will not pre-screen or review Content; however, Integral reserves the right (but does not undertake the obligation) in its sole discretion to:
1. monitor Assembler.com.pl for violations of these Terms,
2. take appropriate legal action against anyone who, in Integral's sole discretion, violates these Terms, including, without limitation, reporting violations to law enforcement authorities;
3. refuse, restrict access to or the availability of, or disable access to or the availability of (to the extent technologically feasible) any user's Content or any portion thereof that may violate these Terms or any Integral Policy;
4. terminate the accounts of infringers;
5. otherwise manage Assembler.com.pl in a manner designed to protect the rights and property of Integral and others and to facilitate the proper functioning of Assembler.com.pl; and
6. restrict access to or the availability of material that Integral, in its sole discretion, considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
Your Rights to Your Content
You retain your ownership rights to any and all of Your Content. Integral claims no ownership of any Content you submit to Integral. You or your third party licensor, as applicable, retain all intellectual property rights to any Content and you are responsible for protecting those rights, as appropriate.
Code Licenses Granted to Integral and Other Users
When you submit, post, upload or otherwise provide Code to Assembler.com.pl, you must designate promptly the software license pursuant to which licensees (including Integral) obtain rights with respect to such Code. Except as otherwise expressly permitted by these Terms, any Code submitted to Assembler.com.pl must be licensed to Integral and other licensees under a license that is:
1. compliant with the Open Source Initiative ("OSI")'s Open Source Definition (http://www.opensource.org/docs/osd) or
2. certified as an "OSI-Approved License" (http://opensource.org/licenses).
Please note that Integral is not affiliated with the OSI.
Notwithstanding anything to the contrary in these Terms, once you have selected the OSI-Approved or compliant license applicable to your Code, Integral shall be a licensee of such Code under the applicable OSI-Approved or compliant license that you have chosen. You shall promptly notify Integral in writing if you do not have the right to grant Integral or any other user an OSI-Approved or compliant license to your Code. Until such time as you have selected the OSI-Approved or compliant license applicable to your Code, Integral shall be a licensee of such Code under the license terms applicable to Associated Content.
Compliance
By submitting Code to Assembler.com.pl, you certify that your Code is in compliance with the OSI-Approved or compliant license that you designate, and you hereby represent and warrant that you have all rights, licenses and consents necessary to grant Integral and other users the rights and licenses granted herein, and under the OSI-Approved or compliant license you designate, without infringement of any third party rights. In addition, the Code that you submit must also be made available in human-readable (i.e., "Source Code") form. Whenever reasonably feasible, you agree that you will make Source Code available on or via Assembler.com.pl corresponding to Code that you post, submit, display or distribute. You must make Source Code available for all portions of Code that you have modified, enhanced or otherwise created derivative works from (with any such modification or derivative work being a "Change").
Integral acknowledges that there may be situations where posting Source Code is not reasonably feasible; examples of such situations are when you are posting Code that: (a) is ancillary to other Code that you have Changed but such Code is only available to you in binary or executable form (such as closed-source device drivers or closed-source software frameworks); (b) is otherwise readily available in Source Code form online as part of an Open Source distribution, and where you notify users that the Source Code for such distribution is available elsewhere on the Internet (and you also provide a link to that location); or (c) Integral agrees in writing does not need to be posted in Source Code form.
License to Associated Content
You hereby grant Integral a worldwide, non-exclusive, irrevocable, perpetual, fully sublicensable, transferable (in accordance with Section 16), royalty-free right and license to use, reproduce, adapt, modify, translate, create derivative works from, publish, perform, display, rent, resell and distribute Associated Content (in whole or part) and incorporate Associated Content in other works, in any form, media, or technology developed by Integral, though Integral is not required to incorporate such Associated Content into any Integral products or services. Integral reserves the right to syndicate Associated Content submitted, posted or displayed by you on or through Assembler.com.pl and use that Associated Content in connection with any service offered by Integral.
You hereby represent and warrant that you have all rights, licenses and consents necessary to grant Integral and other users the rights and licenses granted herein to the Associated Content without infringement of any third party rights.
4. PROPRIETARY RIGHTS
Integral's Rights
The code, text, graphics, photos, sounds, sayings and the like that are available on and via Assembler.com.pl ("Site Materials") and the trademarks, service marks and logos of Integral contained thereon ("Marks"), which are owned by or licensed to Integral, are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
Your use of the Integral Marks must be in accordance with Integral's trademark guidelines detailed at http://geek.net/trademark-usage. Assembler.com.pl is a registered trademark of Integral in the United States and other countries; Integral, the Assembler.com.pl logo and other Assembler.com.pl-related trademarks, service marks, and product and service names are trademarks of Integral. All other names and designs may be trademarks of their respective owners.
You will not to remove, obscure, or alter Integral's or any third party's copyright, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Assembler.com.pl.
If you provide feedback to us regarding Assembler.com.pl ("Feedback"), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
Advertisers' Rights
Content contained in sponsor advertisements or presented to you on or via Assembler.com.pl ("Sponsor Content") may - and likely does - include proprietary and confidential information that is protected by intellectual property and other laws and treaties.
Site Materials, Content and Sponsor Content available on and via Assembler.com.pl, and any other software used in connection with operating Assembler.com.pl, are provided to you "AS IS" for your personal information and use, except as expressly authorized by Integral or respective third party rights holders in a separate written agreement. You agree not to otherwise use, copy, modify, rent, lease, loan, sell, distribute, transmit, broadcast, publish, display, create derivative works of, or exploit the Site Materials, Content, Sponsor Content, and any software used in connection with operating Assembler.com.pl, in whole or in part.
5. COPYRIGHT INFRINGEMENT
Copyright
Integral respects the intellectual property rights of others, and asks you to do the same. It is Integral's policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. You may not post, modify, distribute or reproduce in any way any copyrighted materials, trademarks or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
Our procedures for responding to alleged copyright infringement are consistent with the form suggested by the United States Digital Millennium Copyright Act, the text of which can be found at the U.S. Copyright Office web site http://www.copyright.gov/legislation/dmca.pdf. Please note that you will be liable for damages (including costs and attorneys' fees) if you make any material misrepresentations when making or countering a copyright infringement claim.
If you believe that your work has been copied and is accessible on or via Assembler.com.pl in a way that constitutes copyright infringement, send a written notification pursuant to Assembler.com.pl's Digital Millennium Copyright Act ("DMCA") Notification Procedure.
Trademarks
Integral is generally unable to evaluate the merits of trademark disputes because trademark rights may be based on registration or common law use, exist only for certain categories of goods or services and may differ internationally. Therefore, Integral expects you to resolve trademark disputes directly with the project administrator(s) rather than utilize Integral as an intermediary.
6. Assembler.com.pl PRIVACY STATEMENT
We use your information only as described in our Privacy Statement. If you object in any way to our practices, do not access or use Assembler.com.pl.
You understand that the technical processing and transmission of Your Content may involve transmissions over various networks and systems, including those located outside of your country and those beyond the control of Integral.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Integral has no responsibility or liability for the deletion or failure to store any Content or other communications maintained on or transmitted via Assembler.com.pl. While Integral will use reasonable efforts to back up Assembler.com.pl data and make such data available in the event of loss or deletion, Integral has no responsibility or liability for the deletion or failure to store any communications or Content maintained or transmitted on Assembler.com.pl. Integral encourages you to make - and update frequently - backup copies of Your Content.
Though Integral has no set fixed upper limit on the number of transmissions you may send or receive on or via Assembler.com.pl, or the amount of storage space you may use, Integral retains the right, at its sole discretion, to create limits at any time.
8. TERM AND TERMINATION
These Terms shall remain in full force and effect while you are a user of Assembler.com.pl. You may terminate your use or participation at any time, for any reason, by following the instructions in your account.
Integral, in its sole discretion, reserves the right to mark as "inactive" and archive Assembler.com.pl accounts or projects that are inactive for extended periods of time.
Upon the termination of your Assembler.com.pl account, for any reason, including as a result of inactivity, violation of these Terms, or receipt of a certificate or other legal document confirming your death, Integral will close your account and you will no longer be able to retrieve materials contained in that account.
9. LINKS TO THIRD PARTY WEB SITES
Links to third-party web sites on Assembler.com.pl are provided solely as a convenience to the user. When you use these links, you leave Assembler.com.pl. Integral has not reviewed third-party sites, does not control, and is not responsible for, any of these sites, their content or their privacy practices. Integral does not endorse or make any representations about the third-party sites, or any information, services, or products found on the sites. If you decide to access any linked sites, Integral encourages you to read the privacy statements on such linked site. You access linked sites at your own risk.
10. INDEMNITY
YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND Integral AND EACH OF Integral'S ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS (COLLECTIVELY, "Integral INDEMNIFIED PARTIES") FROM ANY AND ALL THIRD PARTY CLAIMS, CAUSES OF ACTIONS, PROCEEDINGS, LIABILITIES, DAMAGES, OR OTHER DEMANDS ("CLAIMS") (INCLUDING BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES, ACCOUNTING EXPENSES, AND LEGAL COSTS), ARISING FROM OR RELATED TO (A) YOUR (OR ANY USER OF YOUR ACCOUNT) ACCESS TO OR USE OF Assembler.com.pl AND SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR OR OTHERS' ACCESS OF CONTENT OR OTHER MATERIALS AVAILABLE BY MEANS OF Assembler.com.pl OR THIRD-PARTY WEB SITES, OR YOUR PURCHASING OF GOODS OR SERVICES FROM THIRD PARTIES; (B) YOUR VIOLATION OF THESE TERMS OR BREACH OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY CONTAINED IN THESE TERMS; OR (C) YOUR CONTENT OR PROVISION TO Assembler.com.pl OF INFORMATION OR ANY OTHER PRODUCTS, POSTINGS, OFFERINGS, DATA OR MATERIALS. Integral INDEMNIFIED PARTIES WILL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO PARTICIPATE, THROUGH COUNSEL OF THEIR CHOICE, IN ANY DEFENSE BY YOU OF ANY CLAIM AS TO WHICH YOU ARE REQUIRED TO DEFEND, INDEMNIFY OR HOLD HARMLESS THE Integral INDEMNIFIED PARTIES ("INDEMNIFIED CLAIM'). YOU MAY NOT SETTLE ANY INDEMNIFIED CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF THE CONCERNED Integral INDEMNIFIED PARTIES.
11. DISCLAIMER OF WARRANTIES
Integral cannot control the nature of the Content available on or via Assembler.com.pl. By operating Assembler.com.pl, we do not represent or imply that (1) Integral endorses any Content or any other materials or items available on or via Assembler.com.pl, including without limitation content hosted on third-party websites; or (2) that Integral believes any Content to be accurate, useful or non-harmful.
Integral cannot guarantee and does not promise any specific results from use of Assembler.com.pl. No advice or information, whether oral or written, obtained by you from Integral or via Assembler.com.pl will create any warranty not expressly stated herein.
ALL PRODUCTS, SERVICES, INFORMATION, CONTENT OR ANY OTHER MATERIALS OR ITEMS PROVIDED ON OR VIA Assembler.com.pl ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. Integral DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS, SERVICES OR INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH Assembler.com.pl OR ANY LINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Integral WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT, PRODUCTS, SERVICES OR INFORMATION. AS WITH THE PURCHASE OF A PRODUCT, SERVICE OR INFORMATION THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Integral DOES NOT WARRANT THAT Assembler.com.pl SERVICES WILL BE TIMELY, UNINTERRUPTED, OR SECURE. SCHEDULED AND PREVENTIVE MAINTENANCE, AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO Assembler.com.pl. WE DO NOT ASSUME RESPONSIBILITY FOR DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
YOU AGREE THAT YOUR USE OF Assembler.com.pl WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Integral AND EACH OF ITS ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH Assembler.com.pl, YOUR USE THEREOF, THE ACCURACY OR COMPLETENESS OF Assembler.com.pl'S CONTENT, THE CONTENT OF ANY WEB SITE LINKED TO Assembler.com.pl OR THE SERVICES, PRODUCTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS OFFERED AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF Assembler.com.pl, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM Assembler.com.pl, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO, ON OR VIA Assembler.com.pl BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR VIA Assembler.com.pl.
Integral RESERVES THE RIGHT TO CHANGE ITS WARRANTY POLICY SET FORTH HEREIN, AT ANY TIME BY UPDATING THESE TERMS.
12. LIMITED LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, Integral WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM: (A) RELIANCE ON Assembler.com.pl MATERIALS, (B) LOSS OF USE, DATA, PROFITS, GOODWILL AND/OR OTHER INTANGIBLE LOSSES (INCLUDING WITHOUT LIMITATION THE INABILITY TO USE Assembler.com.pl SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON Assembler.com.pl), OR (C) DELAYS OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF Assembler.com.pl), WHETHER BASED ON BREACH OF CONTRACT, WARRANTY BREACH, TORT, OR OTHERWISE, ARISING FROM YOUR USE OF Assembler.com.pl, EVEN IF Integral HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Integral'S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO US$100. YOU ACKNOWLEDGE AND AGREE THAT Integral WOULD BE UNWILLING TO MAKE AVAILABLE Assembler.com.pl ABSENT THE FOREGOING LIMITATIONS OF LIABILITY, WHICH FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
13. EXCLUSIONS AND LIMITATIONS
SOME STATES OR JURSIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
14. RELATIONSHIP OF THE PARTIES
Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Integral and any user nor do these Terms extend rights to any third party.
15. DISPUTES WITH Integral, CHOICE OF LAW AND FORUM
All disputes arising out of or relating to these Terms (including its formation, performance or alleged breach) of your access to or use of the Content and Assembler.com.pl, including without limitation your or others' downloading or consumption of Content or other materials available by means of Assembler.com.pl or third party web sites, your uploading Content to Assembler.com.pl, or your purchasing of goods or services from third parties, will be exclusively resolved under confidential binding arbitration held in Santa Clara County, California before and in accordance with the rules of JAMS. Notwithstanding the foregoing, Integral will have the right to seek injunctive relief to enforce these Terms or to stop or prevent an infringement of proprietary or other third party rights.
In the event of litigation or to compel arbitration or to enforce an arbitration award under this Section, or to obtain an injunction under this Section, the parties hereby irrevocably consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Santa Clara County, California. The Terms and the relationship between you and Integral shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree the UN Convention on Contracts for the International Sale of Goods shall not apply.
16. GENERAL
Notice
Integral may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Assembler.com.pl.
Entire Agreement
Unless superceded explicitly by a separate written agreement executed between you (or, where applicable, your employer) and Integral, the Terms constitute the entire agreement between you and Integral with respect to the subject matter hereof and govern your use of Assembler.com.pl, and supercede any and all prior understandings and agreements between you and Integral related to the subject matter hereof. The section headings in the Terms are for convenience only and have no legal or contractual effect. There are and will be no third party beneficiaries to the Terms.
Waiver And Severability Of Terms
The failure of Integral to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Time Limit For Filing Claims
Any claim or cause of action arising out of or related to use of Assembler.com.pl or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Assignment
In our sole discretion, we may assign these Terms, in whole or in part, by providing notice in accordance with the notice provision in this Section should Integral ever file for bankruptcy or in the event of a sale, merger, acquisition or other transfer of all or substantially all of Assembler.com.pl. You may not assign these Terms, in whole or in part, without Integral's prior written consent.
Contact Us
If you have any questions or concerns about these Terms, any policy, or Assembler.com.pl generally, please send us a thorough description by email to kontakt@assembler.com.pl