Digital Copyright Canada
FLORA.org is a volunteer service that does not have a budget, especially for legal cases if someone decided to sue us. It is for this reason that this document was created, to clarify the conditions of use of FLORA.org to minimize any possible confusion that might lead to a lawsuit.
There are two main ideas in this document:
Don't sue us if FLORA.org breaks as we offer no warranty or anything else relating to this service.
If you contribute content to this service it should be available to the public under a very liberal license, and should not infringe on anyone else's rights. FLORA.org needs to hold each person who contributes information to FLORA.org responsible for their own submissions.
I wish to apologize for the legalistic wording of this agreement, but we need to try to protect FLORA.org in any way we can. If you wish to read similar agreements, this one was based on ideas extracted from the GigaLaw.com Terms and Conditions.
PLEASE READ THESE FLORA.ORG GENERAL TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE WEB SITE FLORA.ORG OR ANY SERVICES OFFERED BY FLORA.ORG.
By using the web site, discussion list and other services offered by FLORA.org, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use FLORA.org.
FLORA.org is an on-line information service provided to the public free of charge. FLORA.org is sponsored by FLORA Community Consulting (FLORA.ca). Any reference to FLORA.org in this document should be understood to pertain to and protect the sponsors of FLORA.org.
FLORA.org may revise and update these Terms and Conditions at any time by posting such revised Terms and Conditions at http://www.flora.org/flora/legal.shtml. Your continued usage of FLORA.org or any of its services will mean you accept those changes. Any changes will always be posted to the FLORA.org helpdesk.
Materials published on-line are protected by the Canadian Copyright Act and other copyright laws. While it is common practice to assume that works deliberately contributed to discussion groups and websites by copyright holders are available with a liberal license, we wish to clarify this practice for FLORA.org.
If you make any submission to FLORA.org, including sending an email to a mailing list or posting material to the website, you automatically grant -- or warrant that the owner of such content has expressly granted -- a Creative Commons license (or equivalent) to the work. If no license agreement is explicitly referenced in the submission the assumption will be that the Attribution-NoDerivs-NonCommercial license is applied.
If you wish to use license agreements other than those approved by the Creative Commons (for most works) or one from the Free Software Foundation or Open Source Initiative (for software), please get approval from Russell McOrmond before posting.
Note: It needs to be emphasized that these copyright licenses are not exclusive licenses which means you can offer different rights in other situations. It is perfectly legitimate and supported by these licenses to charge money for uses other than those authorized by these licenses.
The Creative Commons licenses offer a wide variety of options. The most liberal license is Attribution which allows people to do anything they wish with the work (including create derivatives) as long as they give you credit. A more conservative license would be Attribution-NoDerivs-NonCommercial which copy, distribute, display, and perform verbatim copies of the work (no derivatives allowed) for non-commercial purposes.
The Creative Commons licenses are translated to Canadian Law as part of the International Commons. For more details see Creative Commons Canada.
In consideration of your use of FLORA.org Discussion Lists (which include but are not limited to those managed via Majordomo and those managed via Mailman ), you agree not to:
upload or transmit any communications or content of any type that infringe or violate any rights of any party;
post any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, threatening, invasive of a person's privacy, or otherwise violative of any law;
impersonate another person or allow any other person or entity to use your identification for posting materials to the list;
upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
engage in any other conduct that restricts or inhibits any other person from using or enjoying the list.
FLORA.org has the right, in its sole discretion, to suspend or terminate your account and refuse any and all current or future use of the discussion list (or any portion thereof) at any time.
By contributing to any part of the discussion list, you agree that such submission is non-confidential for all purposes, and that copyright is licensed as describe above.
FLORA.ORG DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO FLORA.ORG, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH FLORA.ORG, OR ANY SITES LISTED ON FLORA.ORG, AND FLORA.ORG SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. FLORA.ORG DOES NOT WARRANT THAT FLORA.ORG WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN FLORA.ORG WILL BE CORRECTED. FLORA.ORG IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
IN NO EVENT WILL FLORA.ORG OR ITS VOLUNTEER CONTRIBUTORS OR SPONSORS BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE FLORA.ORG, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON FLORA.ORG OR DOWNLOADED FROM FLORA.ORG, EVEN IF FLORA.ORG OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN FLORA.ORG, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH FLORA.ORG.
You agree to indemnify, defend and hold harmless FLORA.ORG and its volunteer contributors and sponsors from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of FLORA.org and any violation of these Terms and Conditions by you.
These Terms and Conditions constitute a contract made under and shall be governed by and construed in accordance with the laws of the province of Ontario.
Except as expressly provided in a particular legal notice posted by FLORA.org on FLORA.org, these Terms and Conditions constitute the entire agreement between you and FLORA.org with respect to the use of FLORA.org and the Materials. FLORA.org's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. FLORA.org may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
These Terms and Conditions were last updated on $Date: 2004/12/12 16:34:38 $ UCT
Questions or comments regarding FLORA.org should be posted to the FLORA.org helpdesk at http://www.flora.org/flora/help/ unless the information is of a more private nature in which case it should be sent to Russell McOrmond of FLORA Community Consulting.
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