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Terms of Use

Terms of Use for HerettoOpenProjects.ai

Please read these Terms carefully before using this website. By using this website (the “Website”), the user (“You”) has accepted these Terms of Use. If You do not accept these Terms of Use, do not use the Website. By using this Website, you represent that you are of legal age to form a binding contract with Heretto.

Jorsek, Inc. d/b/a Heretto (“Heretto”) may modify all or any part of these Terms of Use from time to time and may not provide notice to You. Your continued use of this Website after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to You, You should immediately cease all use of this Website.

  1. Statement of Purpose. The purpose of HerettoOpenProjects.ai is to share open source projects, and their related updates, information, and ideas relating to open source software.

  2. Community Behavior Rules. By using this Website, you acknowledge and agree to adhere to the following practices:

    • You may not post or link to content that is threatening, abusive, defamatory, libelous, derogatory, violent, harassing, bigoted, hateful, profane, obscene, lewd, lascivious, pornographic or otherwise objectionable, that gives rise to civil or criminal liability, or otherwise violates any applicable law
    • You may not intentionally make false or misleading statements
    • You may not offer to sell or buy any product or service
    • You may not post material that infringes any copyright, trademark, patent, trade secret, right of privacy or right of publicity
    • You may not disclose confidential information
    • You may not disclose information that you do not lawfully possess
    • You may not post, link to, upload or transmit software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components
    • You may not restrict or inhibit any other user from using or enjoying this Website, for example, by cracking, spoofing, defacing, or impairing functionality
    • You may not post political campaign materials, chain letters, mass mailings or spam

You are solely responsible for the content and Materials You provide. Heretto has the right, but not the duty or responsibility, to pre-screen, refuse, edit, move or remove any content that violates these Terms of Use or that is unlawful. Heretto may amend, alter, remove, use, refuse, or edit any content or Materials (including comments) at Heretto’s sole discretion for any reason or no reason at all. Heretto further has the right to limit or terminate Your registration with, or access to, the Website (which may include termination of access by anyone at your IP address) for breach of these Terms or Use or for conduct that, in Heretto’s sole discretion, subjects Heretto to legal risk.

  1. User Registration. Registration is not currently available for this Website but may be introduced in the future. If and when registration becomes available, it will be optional but encouraged. If you are registered, Heretto will be able to contact you with information that may be relevant to users, the registration will facilitate the attribution of Your work to You, and will allow us to contact you if we receive a Notice of Claimed Infringement for content you have provided so that you will have an opportunity to provide a Counter-Notification. When registration is implemented, You may not select a user name that impersonates some other person or business, is or may be unlawful, is protected by trademark or other proprietary rights, is vulgar or offensive, or may cause confusion. You agree not to sell or transfer your use of or access to this Website or permit anyone else whose account was suspended or terminated to use this Website through your user name or password. You are responsible for maintaining the confidentiality of your password and account and for all activity that occurs on your account. Heretto reserves the right to reject or remove any user name that does not meet these requirements or that is used in breach of these Terms of Use.

  2. Trademarks. The trademarks, logos and service marks (“Marks”) displayed on this Website are the property of Heretto or other parties. You may not use Heretto Marks or any confusingly similar mark as a trademark for your product or services, or use the trademark in any other manner that might cause confusion in the marketplace, including but not limited to in advertising, on auction sites, or on software or hardware.

  3. Your License to Heretto and Other Users. By displaying, publishing or making available any content, messages, code, text, files, images, photos, video, sounds, profiles, works of authorship or any other materials (collectively, “Materials”), You represent and warrant that the content does not and will not defame any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other proprietary or personal right of any person or entity. You further represent and warrant that you have all rights necessary to make the Materials available under either (i) the MIT open source license, or (ii) another open source license approved by the Open Source Initiative. You agree that all Materials made available through the Website and/or any associated repository, including Github, will be licensed under either (i) the MIT open source license, or (ii) another open source license approved by the Open Source Initiative. By submitting, listing, amending, or contributing to any software project through the Website and/or Github you represent and agree that each project will be made available under (i) the MIT open source license, or (ii) another open source license approved by the Open Source Initiative, and that all contributions are provided subject to the terms of the same license. You agree not to impose and not to attempt to impose any additional terms conditions or restrictions on the use, copying, modification, distribution, or sublicensing of a project or contribution that are inconsistent with or more restrictive than the rights granted under the MIT open source license or another open source license approved by the Open Source Initiative. By submitting or making Materials available through the Website or links from the Website you grant the Heretto a nonexclusive worldwide royalty free fully paid and sublicensable license to host, store, reproduce, copy, display, perform, index, distribute, and otherwise use such Materials in any manner whatsoever. You retain ownership of your Materials and all rights not expressly granted are reserved.

  4. Feedback. You may provide ideas, suggestions, proposals, or other feedback to Heretto via the Website (“Feedback”). Heretto may use such Feedback for any purpose, including incorporating the Feedback into or using the Feedback to develop and improve Heretto products, the Website itself, and other Heretto offerings without attribution or compensation to you. You grant Heretto a perpetual and irrevocable license to use all Feedback for any purpose. You agree to provide Feedback to Heretto only in compliance with applicable laws. You represent that you have the authority to provide the Feedback and that Feedback will not include confidential information.

  5. Accuracy, Completeness and Timeliness of Information on This Site. Heretto is not responsible if information made available on this Website and/or on Github is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk. Heretto has no obligation to update any information on this Website.

  6. Linked Sites. The Website contains links to other websites and resources. These links are provided for convenience only. The inclusion of any link to a website does not imply agreement with or endorsement by Heretto of the website, the statements on it, or their entities, products or services. Heretto has not reviewed the linked websites and is not responsible for the content or availability of any linked websites. If you decide to access any of the linked third-party websites from this Website, you do this entirely at your own risk.

  7. Export Control. By accessing any software or technology available via this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed exports of goods, services, or technology. You acknowledge that you understand the software and technology may be subject to the U.S. Export Administration Regulations (the “EAR”) and other U.S. and foreign laws and may not be exported, re-exported or transferred (a) to any prohibited destination, (b) to any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government, or (c) for any end-use prohibited in accordance with Part 744 of the EAR.

  8. Lawful Use Only. Your use of this Website is subject to all applicable local, state, national and international laws and regulations. Any attempt by any person to deliberately damage this Website is a violation of criminal and civil laws. Heretto reserves the right to seek damages from any such person to the fullest extent permitted by law.

  9. International Issues. Heretto administers this Website from New York. Heretto makes no representation that this Website is appropriate or available for use outside of the United States and access to this Website from territories where its contents are illegal or restricted is prohibited. If you choose to access this Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

  10. Indemnification. Any person or corporation submitting content or Materials to this Website agrees to defend, indemnify and hold Heretto and its parent, subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) (i) related to your breach of this Agreement or (ii) related to or arising out of such submitted content, including without limitation claims made by third parties for tort, breach of contract, false advertising, product liability, and patent, copyright or trademark infringement, even if such content is reviewed or not by Heretto prior to publishing on the Website.

  11. LIMITATION ON LIABILITY. THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. HERETTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, HERETTO IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF HERETTO HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS, OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. HERETTO MAKES NO WARRANTY THAT, (i) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT APPROVED, ADOPTED OR ENDORSED BY HERETTO AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY. TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

  12. Privacy. See the privacy policy located at www.heretto.com/privacy-policy.

  13. Jurisdiction. These Terms of Use and all claims relating to the relationship between the parties are governed by Federal laws and the laws of the State of New York, U.S.A. without regard to choice of law provisions. You and Heretto agree to submit to the jurisdiction of the state courts located within Monroe County, New York and to the jurisdiction of the federal courts located in the District Courts for the Western District of New York.

  14. Waiver and Severability. Heretto’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

  15. No Third Party Beneficiary. These Terms of Use do not confer any third-party beneficiary rights.

  16. Entire Agreement. These Terms of Use supersede all previous agreements, understandings, and arrangements between the parties, whether oral or written, and constitutes the entire agreement between the parties regarding the subject matter herein.

  17. Language. These Terms of Use are in the English language only, which language shall be controlling in all respects, and all versions of this Agreement in any other language shall be for accommodation only and shall not be binding.

  18. Section Headings. The section heading of these Terms of Use are for convenience only and have no legal or contractual effect.

  19. Software on Github. The Website may allow users to list, reference, link to, or interact with software projects, repositories, and related materials that are hosted on third party platforms, including GitHub, Inc. (“GitHub”). The Website does not host software code repositories and does not control or operate GitHub or any other third party code hosting service. All software repositories linked to or referenced through the Service that are hosted on GitHub are subject solely to GitHub’s terms of service, acceptable use policies, and other applicable agreements, as may be amended from time to time. Your use of GitHub hosted repositories, including viewing, downloading, contributing to, or forking such repositories, is governed exclusively by your agreement with GitHub. Heretto is not a party to, and does not assume any responsibility for, your relationship with GitHub or any other third party service. Heretto does not make any representations or warranties regarding GitHub, the availability or security of GitHub hosted repositories, or the accuracy, completeness, or legality of any content hosted on GitHub. GitHub and other third party services are independent contractors, and nothing in these Terms shall be deemed to create any partnership, joint venture, agency, or affiliation between the Heretto and GitHub or any other third party service provider. To the extent the Website displays information about repositories hosted on GitHub, including license identifiers, project descriptions, or contribution activity, such information is provided for convenience only and may be incomplete, inaccurate, or outdated. Heretto has no obligation to verify such information.

Notice and Procedure for Making Claims of Copyright Infringement.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to the Heretto-designated copyright agent listed below:

To file a counter notification with us, please provide the following information to the Heretto-designated copyright agent listed below:

Heretto has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). Please send notifications of infringement and counter notifications to the designated agent at:

hop@heretto.com