As used here:
- "Hosts" means the Site operator(s) and Site administrator(s) personally.
- "Materials" means technical materials, documentation, data, and any other content or information available on the Site.
- "Project" means the project hosted on the Site.
- "Site" means the collection of web pages that can be accessed via this website, as well as any successor web pages.
- "Submissions" means any Materials submitted to the Site.
- "Communication Services" and/or "Community Services" means bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities of this Site designed to enable You to communicate with the public at large or with a group.
- "Use", "Participate" and its variants are meant in their broadest sense, including, but not limited to, the acts of using, accessing, receiving, browsing, downloading from, and uploading to. A "User" is a person or entity who Uses the Site.
- "You" means you personally, as well as any person or entity on whose behalf you are Using the Site.
3. Legal Advisories and Legal Notes
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Hosts as a result of this agreement or use of this Site. Unless otherwise specified herein, this agreement constitutes the entire agreement between You and the Hosts with respect to Use of this Site and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and the Hosts with respect to the Use of this Site.
The Hosts reserves the right to amend these Terms at any time, without giving reasons, unless an amendment is unreasonable to the User. The Hosts shall give due notice of any amendments of these Terms to the User. If the User does not object to the applicability of the revised Terms within two (2) weeks after receipt of said notice, the amended Terms shall be deemed to be accepted by the User. The Hosts shall inform the User about the User's right to object and of the relevance of the objection deadline in said notice.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Any use of the Material or the Communication Services made available through this Project beyond the scope of options provided by its Site requires the prior written consent of the Hosts.
Responsible for content in accordance §5 TMG
Dr. Henrik Rusche (Imprint)
Copyright© 2010, 2011 Holger Marschall. All rights reserved.
The Materials provided on this Site are governed by the copyright laws of the Federal Republic of Germany. All rights reserved.
Text, images, graphics, sound, animations and videos, including excerpts, parts and arrangements thereof, on this Site are protected by copyright (Urheberrechtsgesetz - UrhG) and other protective rights. This applies in particular to text on this Site, expressly including excerpts thereof, and to any images on this Site, including type signets, logos, emblems, marks and design elements used on this Site, which are intellectual property. E.g., the Use of texts or images, including excerpts or parts thereof, from this Site without prior consent of the Site owner (Imprint) under the authority of copyright law is illegal. E.g. texts or images, including excerpts or parts thereof, from this Site may not be reproduced, processed, copied, disseminated or altered in any form (photocopy, microfilm or any other process), unless specifically stated to the contrary, which expressly and in any case require the prior written consent of the Hosts.
The Hosts endeavour always to respect the copyright of other parties and/or to use work that has produced themselves or that is freeware. If you should nevertheless become aware of copyright infringements on this Site, the Hosts kindly request relevant notification. Upon becoming aware of a copyright infringement, the Hosts shall immediately remove the relevant content.
Liability for Content
The content of this Site was developed and compiled with the utmost care and attention. However, this website represents the temporary condition of a continuous working process. E.g. all provided Materials on this Site are subject to confirmation and non-binding. In fact, all content and Materials has a purely informative character. E.g. the content and all Materials provided on this Site is provided for information purposes only and should not be used as a basis for making business decisions nor should it be regarded by You as a substitute for specific professional advice. In particular: This offering is not approved or endorsed by ESI Group, the producer of the OpenFOAM® software and owner of the OPENFOAM trade mark.
The Hosts accept no liability for the accuracy, authenticity, topicality, completeness or quality of provided Materials. Liability claims against the authors of the provided Materials or the Hosts, which relate to tangible or intangible losses and/or damages that have been caused directly, indirectly or consequentially by use or non- use of the Materials provided, or by the use of faulty or incomplete information, are generally excluded. By Using any Materials provided on this Site You agree to assume all such and any inferable risks. This shall not apply, if deliberate acts or gross negligence by the author/operator have been proven, in the case of compulsory legal liability or injury to life, limb and/or health.
The Hosts are responsible for content on this Site in accordance with §7 Section 1 TMG and laws of general application. In accordance with §§ 8 to 10 TMG the Hosts are not obliged however to monitor relayed or stored third party information (e.g. related to Community Services on this Site), or to probe such information in any circumstances. Anyway, the Hosts shall promptly remove any content upon becoming aware that it violates the law. Our liability in such an instance shall commence at the time we become aware of the respective violation.
All Materials might be subject to change (incl. deletion in parts or completely) at any time and without prior announcement. You agree that the Hosts have sole discretion in deciding whether to accept and post Materials, and that they may delete Materials for any reason (including no reason) whatsoever. In particular, the Hosts reserves the right to review materials posted to a Communication Service and to remove any materials in their sole discretion. The Hosts reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Hosts' sole discretion.
The Hosts expressly reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. You agree further that the Hosts have the right to restrict or terminate, in their sole discretion, access to the Site as a whole or in parts for any reason, including their belief that a User has violated these Terms.
You understand that access to the Site may be limited for technical reasons, that outages may occur, and that the Hosts have no obligation to store or back up any Materials. I.e., events related to maintenance, security or capacity requirements, and/or events beyond the Hosts' control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the availability of this Site.
Liability for Links and Referrals
This Site contains direct or indirect references to external, third-party Websites (Links), the content of which we have no influence on. The content of such third-party sites is the responsibility of the respective owners/providers.
We expressly declare that at the time of inserting the link, no illegal content was identifiable on the linked sites. The Hosts have no influence over the current or future structure of the linked sites and continued monitoring is also not reasonable. The Hosts specifically distance themselves explicitly from any statements or illegal content on the linked sites. The Hosts shall promptly delete a link upon becoming aware of legal infringements. Our liability in such an instance shall commence at the time we become aware of the respective violation.
The Hosts' inclusion of such links does not imply any endorsement of the materials on such links. The Hosts does not accept any liability, and shall not be liable to You for any loss or damage arising from or as a result of Your acting upon the content of another web site to which You was linked from this web site.
All trademarks and brands mentioned on this Site and possibly protected by third party rights shall be unreservedly and without restriction subject to the provisions of the respective, valid trademark and licensing laws, as well as the property and ownership rights of the respective, registered beneficiaries. The mere mention of a trademark or brand shall not allow the conclusion to be drawn that it is not protected by third party rights! No licenses or other rights in or to such brands and/or trademarks are granted to You by these Terms.
In particular, OpenFOAM® is produced by ESI Group and is freely available and open source, licensed under the GNU General Public Licence. OpenFOAM® is a registered trademark of ESI Group.
Should, despite careful checks, third party rights be violated, please contact the Hosts (Imprint) so that any possible errors can be eliminated immediately.
Materials provided on this Site as downloads are accompanied by their respective license, which must be the GNU General Public License - GPL (for code) and the GNU Free Documentation License - FDL (for documentation).
Images provided on this Site are accompanied by the Creative Commons Attribution-NoDerivs 3.0 Unported License. In particular, the 'Partial derivative logo' for community-driven projects around Open Source CFD by Holger Marschall is licensed under a Creative Commons Attribution-NoDerivs 3.0 Unported License, which allows for redistribution, commercial and non-commercial, as long as the work is passed along unchanged and in whole, with credit to its author. To elaborate on these permissions, the author defines "in whole" as an entire picture, image or diagram (including any associated caption and icons), i.e., the complete logo, and "unchanged" as unaltered both in its pixels and in its utilisation/purpose, i.e., related to community-driven projects around Open Source CFD. Moreover, the author defines 'credit' as attribution to the Project hosted on this Site being implemented in a reasonable manner, i.e., by providing the hyper-link and/or the web address (url) to this Site.
To the extent there is a conflict, these licenses take precedence over these Terms, and you agree to be bound accordingly. If you need further clarification or additional permissions, please contact Holger Marschall.
4. Submissions and Contributions to the Project
This Site offers opportunities for You to contribute Materials to the community on this Site, namely the FOAM user community. In addition to the other terms found here, the following terms apply to any Submissions made by You ("Your Submissions").
Responsibility for Your Submissions
You warrant that You have all rights needed to provide Your Submissions to the Hosts for posting to the Site in accordance with these Terms and to grant the licenses set forth in the section below You agree that You will make all reasonable efforts to ensure that Your Submissions: (i) do not infringe, misappropriate or violate the intellectual property rights or privacy interests of others; (ii) are not confidential or trade secret information, or subject to Your privacy interests; (iii) are not inaccurate, harmful, obscene, defamatory or otherwise objectionable to a reasonable User; (iv) do not violate any law, ordinance, or regulation of any country, state or locality. You agree that You, and not the Hosts are fully responsible for your Submissions and that You, and not the Hosts, are liable for any and all claims arising out of them. You will indemnify, defend and hold the Hosts harmless from and against any and all liability, loss, direct and indirect damages, penalties, claims, legal actions, judgments, expenses and costs, including attorneys' fees, from any claims, suits or actions therefor brought by any government authority or Third Party or otherwise resulting from or arising out of Your Submissions.
This Section applies to all Submissions contributed to this Project. The Hosts do not claim ownership of Your Submissions. However, in order to fulfill the purposes of this Site, You must give the Hosts and all Users the right to post, access, evaluate, discuss, publish, disseminate and refine Your Submissions. In legalese: You hereby grant to the Hosts and all Users a royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right and license under Your intellectual property rights to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and use Your Submissions (in whole or part) and to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the obligation to retain any copyright notices included in Your Submissions. All Users, the Hosts, and their sublicensees are responsible for any modifications they make to the Submissions of others. However, no compensation will be paid with respect to the use of your Submission, as provided herein. The Hosts are under no obligation to post or use any Submission you may provide and may remove any Submission at any time from this Site in their sole discretion.
5. Community and Communication Services
Registration to Community Services
You must register prior to using any of the Community Services on this Site. Each User is entitled to register once using his full name.
You warrant and represent that all of the data provided by You for registration is accurate and complete. You shall report any changes in the registration data without undue delay. Further, you warrant and represent that you are of legal age at the time of registration.
You shall choose a password upon registration. You are obliged to keep this password secret. The Hosts shall not disclose the password to any third party and the Hosts shall not ask for Your password at any time.
By completing the registration process, You consent to the Terms of this Site. The Hosts accept this offer by activating the membership for the use of Community Services on their Site. The agreement takes effect with the aforementioned acceptance by the Hosts.
Use of Community and Communication Services
As a condition of Your use of this Site, You warrant to the Hosts that you will not use this Site for any purpose that is unlawful or prohibited set forth by these Terms. In particular, You may not use this Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Project provided through this Site. Further, You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through this Site.
You agree to use the Community Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Below are standard rules about using Community Services provided on this Site. They are designed to ensure Participants to this Project feel safe, keen to take part again and keep to its focus.
- Debate should be lively but also constructive and respectful.
- Don't incite hatred on the basis of race, religion, gender, nationality or sexuality or other personal characteristic.
- Don't swear, use hate-speech or make obscene or vulgar comments.
- Don't break the law. This includes libel, condoning illegal activity and contempt of court (comments which might affect the outcome of an approaching court case).
- Don't engage in 'spamming'. Don't advertise products or services. (cf. §7 of the German Unfair Competition Act)
- If you are under 16, please get permission from a parent or guardian before commenting on this blog.
- Don't impersonate or falsely claim to represent a person or organisation.
- Don't post in a language other than English.
- Protect your privacy and that of others. Please don’t post private addresses, phone numbers, email addresses or other online contact details.
- Stay on-topic. Please don't post messages that are unrelated to the topic.
Views expressed within this Project using its Community Service are personal opinions alone and do not represent the views of the Hosts of this Project.
You should remember that you are legally responsible for what you write. By using the Community Service provided on this Site you undertake to indemnify the Hosts against any liability arising from breach of confidentiality or copyright, or any obscene, defamatory, seditious, blasphemous or other actionable statement you may make.
You may report any activities of any other user which violate applicable laws and/or any of the Terms and Conditions set forth herein (including the use of pseudonyms or false identities) using the contact form available or other mechanism made available to contact the Hosts.
Any submission using the Community Service is moderated before going live. Followingly, all submissions will go live as soon as possible. If a contribution contravenes the discussion rules it will not be published or will be removed from the Site.
Termination of Community Service Account
Of course, You may terminate Your registered account at any time without cause. For this, You may deliver notice of termination using email at any time. The termination notice shall include your registered name and the email address.
You agree that the Hosts have the right to restrict or terminate, in their sole discretion, access to the Community Service of this Site for any reason, including their belief that a User has violated these Terms.
A good reason includes certainly any of the following events:
- If the User fails to comply with any applicable legal provisions
- If the User breaches a contractual obligation, in particular an obligation set forth above.
- If the reputation of the Project provided on this Site is substantially impaired by the online-presence of the User
- If the User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or;
- If the User causes harm to any other user(s)
- If the User is a member of a religious sect or a denomination that is controversial in Germany.
In the event of a good reason in accordance with this section and notwithstanding the Hosts' right to terminate the agreement in accordance with this section, the Hosts are entitled to: Delete the Contents and Material posted by the User, Issue a warning, or Block the User's access to the Community services on this Site.
When you visit this Site your IP address will be transmitted - technically. This address is stored on the system during your visit to this Site. This address is not personalized meaning this happens without any reference to your personal details, is anonymous and is used for statistical purposes only. E.g. this data serves to optimize this Site by means of statistical evaluation of data such as access errors, average time spent on this Site and web browser and operating system used.
Notwithstanding anything to the contrary, if you choose to participate in the Project hosted on this Site - whether by contributing Material or sending an e-mail - Your Participation (i.e. Submissions) is public TO THE EXTENT that you provide personal information such as your e-mail address, username or full name in provided Material.
The Hosts hold personal information about you in the strictest confidence and do not sell or rent that information. The Hosts will not release or divulge any personal information unless ordered to do so by a court of law or legal or criminal authority.
Data Protection and Security
The Hosts take online security very seriously. We use security mechanisms to protect your data from loss, manipulation and unauthorized access. These security mechanisms used to protect your data are checked and updated regularly to provide effective protection against abuse in keeping with the state of technological development. None the less, the Hosts can not guarantee and are not liable in case your data might be stolen, hacked or otherwise accessed or altered by unauthorized third parties.
As the Hosts, we reserve the express right to take legal action against unsolicited mailing or e-mailing of spam and other similar advertising materials.