BY ACCESSING OR USING ANY OF THE SERVICES ON THIS WEBSITE (“Site”), YOU, THE USER (“User”) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS SET FORTH IN THIS AGREEMENT (“Agreement”). By accessing or using any of the Services on the Site you also represent that you have the legal authority to accept the Agreement on behalf of yourself and any party you represent in connection with your use of any of the Services. If you do not accept to be bound by the terms set forth in the Agreement, you are not authorized to use any of the Services. If you are an individual who is entering into the Agreement on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you agree on that entity’s behalf to be bound by the Agreement, with the terms “you” and “your” and “the User” applying to you, that entity, and other users accessing the Services on behalf of that entity.
CODE OF CONDUCT
The Site serves a community of users, with a strong, shared purpose of of furthering awareness, education, innovation and development of full open-source solar power micro-generation systems. In order to encourage creativity, innovation and technical excellence in a collaborative environment, you agree to abide by a Code of Conduct, which is published at https://barzensuit.org/code.
The Site is created and maintained by volunteers for the purpose of furthering awareness, education, innovation and development of full open-source solar power micro-generation systems. “Full open-source” refers to any work subject to copyright laws but which is covered under a license which guarantees everyone the freedom to study, modify, propagate and convey the work (“Covered Work”). To “modify” a Covered Work means to copy from or adapt all or part of the work in a fashion requiring copyright permission. The resulting work is called a “modified version” of the earlier work or a work “based on” the earlier work. To “propagate” a Covered Work means to do anything with it that, without permission, would make the User directly or secondarily liable for infringement under applicable copyright law. To “propagate” a Covered Work includes copying, distribution (with or without modification), making available to the public, and in some countries other activities as well. To “convey” a Covered Work means to propagate the work in any manner that enables other parties to make or receive copies.
If an author or authors of a work claim the right under any applicable law to restrict others from studying, modifying, propagating or conveying the work through a trademark, patent and/or copyright, such a work is by definition not full open-source. The work becomes the property of the author or authors and the Site will refer to any such work restricted in such a manner as Intellectual Property (“Intellectual Property”). The Site recognizes the value of and importance of Intellectual Property law to commerce. For example, even in the case where all knowledge required to bring a product to market is full open-source, a manufacturer or merchant may not agree to stand behind the quality of the product without oversight and governance of manufacturing and quality control processes. Likewise, a consumer may not be willing to purchase a product if the manufacturer or merchant do not stand behind its quality. For this reason, a manufacturer or merchant may reserve the right to brand a product with a trademark as a seal of approval that the product meets quality standards and can be covered under warranty. The Site permits reference to Intellectual Property provided such reference attributes ownership of the Intellectual Property to the author(s) in accordance with applicable Intellectual Property law.
A License (“License”) is a written set of terms and conditions which protects or restricts the freedom of anyone to study, modify, propagate and convey the work, depending on the terms and conditions of the License. A License which protects the aforementioned freedoms will, for the purposes of clarity on this Site, be referred to as a Free License (“Free License”). Examples of Free Licenses include, but are not limited to, the Gnu General Public License (GPL) and Creative Commons Attribution-ShareAlike. Likewise, a License which restricts the aforementioned freedoms will be referred to as a Proprietary License (“Proprietary License”). By accessing Covered Works and/or Intellectual Property on the Site, you agree to be bound by the terms and conditions set forth in the accompanying License. If you do not agree to be bound by the terms and conditions set forth in the License, you are not authorized to access the work.
The Site comprises both Covered Work and Intellectual Property, as defined above, The Site also has features which enable interaction between users including, but not limited to, comments, correspondence and forums (“User Interaction”). Collectively, Covered Work, Intellectual Property and User Interaction constitute the Site Content (“Content”). In addition to Content, the Site Comprises both Covered Work and Intellectual Property which affect the Site appearance and look and feel (“Site Assets”), as well as features which affect the user experience and behavior of the Site in response to user action (“Site Features”).
SITE ADMINISTRATION AND MODERATION
You acknowledge that the creation and maintenance of the Site is a volunteer effort governed by this Agreement and that the ongoing availability of the Site and its Services are dependent on the efforts of volunteers to fulfill a variety of roles including, but not limited to, administrator, architect, designer, developer, content manager, moderator and others. One or more volunteers accepts sole responsibility for the ongoing maintenance of the Site (“Webmaster Team”). You agree that the Webmaster Team has the right to grant or revoke privileges which enable users to contribute in any role to the ongoing maintenance of the Site. You agree that the Webmaster Team, because of its responsibility, acts as final arbiter in disputes among users and as final authority on decisions involving publishing or removing Content from the Site and activation, suspension or termination of user accounts.
At the sole discretion of the Webmaster Team, a user’s failure to act in accordance with the Agreement, including the Code of Conduct, may result in that user’s account being suspended or terminated.
The Site does not require mandatory activation of an account and you acquire the right to access Services anonymously by accepting the terms and conditions set forth herein. If you wish to contribute Content to the Site you are required to activate an account by providing an email address, a unique user name and a password (“Account Credentials”). Only user names are shared with others on the Site and you are required to adopt whatever measures necessary to ensure that your Account Credentials are subject to the utmost confidentiality and you accept any liability for any loss or damage to the Site and/or to third parties as a result of failure to comply with the aforementioned confidentiality obligation. You agree to undertake not to disclose your Account Credentials and the information accessible through the same and undertake not to allow access to privileged use of the Site by way of your Account Credentials to anyone other than you.
You agree to provide real and accurate information when creating your Account Credentials and agree not to create false or duplicate accounts. You agree to update your personal information whenever requested to comply with the provisions of the Agreement. You agree not to share or transfer your Account Credentials. You agree not to select as a user name any word(s) which would violate the terms and conditions set forth in the Agreement, including the Code of Conduct, or which would breach any applicable law or which might create the impression that you act on the authority of an individual or entity you are not authorized to represent.
You agree to use the Site solely in compliance with the Agreement and solely for the purpose of accessing the Services. Specifically, you agree not to undertake to:
Tamper with the Site or any published work or Content other than your own
Propagate or convey any work or Content in violation of applicable law including, but not limited to, violation of Intellectual Property law or spreading malicious software
Propagate or convey any work or Content in violation of the Code of Conduct
You agree that you have sole responsibility and liability for any content you publish on the Site or send to other users by way of the Site (for example, by way of the Site contact form(s)) including, but not limited to, posting of Covered Work, Intellectual Property, comments, discussions on forums, email and other forms of correspondence.
You agree that by publishing on the Site Covered Work, including any work not otherwise protected by Intellectual Property law, you grant to other users the non-exclusive, unlimited, transferable, sub-licensable and irrevocable right to study, modify, propagate and convey the Content.
You agree that you do not object to Covered Work you publish on the Site, including any work not otherwise protected by Intellectual Property law, being studied, modified, propagated and/or conveyed by other users and you agree that you waive all complaints or claims with respect to the Content.
You agree to undertake not to publish Content which:
Is false, misleading, defamatory, slanderous, intimidating, offensive or in any other way contrary to law and public morality;
May constitute, encourage, promote or incite unlawful conduct;
May breach patent, trademark, copyright, license (including free and open-source licenses such as GPL and Creative Commons) or any other Intellectual Property rights belonging to any party;
Constitutes promotions or trade communications other than expressly permitted by the Site terms and conditions;
In any other way violates the Site Code of Conduct;
At the sole discretion of the Webmaster Team, is in any other manner questionable or unconnected to the subject matter of the interactive areas in which the Content is published.
SITE SPONSORSHIP AND DONATIONS
The Site receives direct financial contributions from one or more entities (“Sponsors”) to cover operating expenses including but not limited to domain name registration fees, SSL certificates and hosting. Sponsors provide financial contributions for the benefit of the public and in the interest of furthering efforts toward full open-source solar power micro-generation solutions with any financial gain that may be realized from exposure on the Site as a secondary benefit. Sponsors and users on the Site who represent Sponsors are bound by the same Agreement as other users. The list of current Sponsors is published at https://barzensuit.org/sponsors.
The Site also accepts financial contributions in the form of donations from entities or individuals (“Donors”) to cover operating expenses. Instructions and for donating financially to the Site are published at https://barzensuit.org/donate.
Although public exposure of a Sponsor on the Site might be construed as a form of paid advertising and financial contributions made by a Donor might be construed as a form of charitable giving, you agree that the Site does not provide any legal or financial counsel and that the legal and/or tax implications of any financial contributions made to the Site are your sole responsibility. You agree that the Site does not represent a charity or other form of not-for-profit organization and as such any financial contribution you make might not be tax deductible under applicable law. You may claim the right to any direct or indirect financial gain from your participation as a Sponsor or Donor of the Site and you agree not to undertake to infringe on the rights of other users and any entities they represent including, but not limited to, other Sponsors.
You acknowledge that acceptance by the Site of financial contributions from Sponsors or Donors does not represent an endorsement by the Site of any entity nor any product nor any service associated with any entity. You further acknowledge that the aforementioned acceptance of financial contributions does not represent endorsement by the Site of any position taken by the Sponsor or the Donor, directly or indirectly, past or present, including, but not limited to, views, policies, philosophies and practices.
Sponsors differ from Donors only in that the former are recognized on the Site for their contributions whereas the latter remain anonymous. This is strictly a choice provided by the Site to Sponsors and Donors in the interest of freedom of choice and the Site otherwise makes no distinction between Sponsors, Donors and users who provide no financial contributions. You agree that that the only requirement for membership is that a user accept to be bound by the Agreement and that no preferential treatment will be extended to any user on the basis of whether the user contributes financially to the Site or not.
RIGHT TO REFUSE SERVICE
The Site has the right to refuse access to the Services to anyone who does not agree to be bound by the terms and conditions of the Agreement. The Site has the right to suspend any user account which does not comply with the Agreement until such time as the User corrects the condition(s) which violate(s) the Agreement.
PRIVACY AND PROTECTION OF PERSONAL DATA
You agree that you are solely responsible for your safety, including proper use of equipment, proper use of safety gear and determining whether you have the necessary skill and experience. You agree that you are solely responsible for reading the instructions and safety information accompanying any tools or products used in the process of making a working copy of anything described in a Covered Work. You agree that you are solely responsible for taking necessary precautions to prevent injury and damage to property. You agree to undertake to make anything described in a Covered Work at your own risk. You acknowledge the risk of working with electricity, power and hand tools, industrial materials and prolonged exposure to the sun’s visible and invisible rays and you agree that you are solely responsible for minimizing the risk of death, injury or property damage resulting from failure to take necessary precautions, including failure to read or follow instructions or properly assess your own skill and ability.
DISCLAIMER OF WARRANTY
THERE IS NO WARRANTY FOR ANY COVERED WORK ON THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE COVERED WORK “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED WORK IS WITH YOU. SHOULD THE COVERED WORK PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
LIMITATION OF LIABILITY
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS A COVERED WORK AS PERMITTED BY THE LICENSE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE COVERED WORK, EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The authors of the Agreement are obliged to acknowledge the invaluable contributions of others, both in terms of drafting the Agrement, which includes some text paraphrased or copied directly from similar documents in accordance with the respective license; and in terms of setting a good example for protecting others freedom to study, modify, propagate and convey Covered Work in the spirit of encouraging innovation and creativity. Specifically, the authors of the Agreement acknowledge the contributions of the following entities:
The Free Software Foundation https://www.fsf.org/
Creative Commons https://creativecommons.org/
Arduino LLC https://www.arduino.cc/
Adafruit Industries https://www.adafruit.com/
These Terms and Conditions are licensed under a Creative Commons Attribution-ShareAlike 4.0 International License
END OF TERMS AND CONDITIONS