Definitions

Short Version

We use these basic terms throughout this agreement, and they have specific meanings. You should know what we mean when we use each of these terms.

The Agreement refers, collectively, to all the terms, conditions, and notices contained or referenced in this Terms of Service, and all other operating rules, procedures, and policies of Openly Operated (including the Openly Operated Privacy Policy, available here.

The Terms refers to this Terms of Service.

The Service refers to the applications, software, products, websites, support, and services provided by Openly Operated.

The Website refers to Openly Operated website located at openlyoperated.org, including any subdomain, and all content, services, and products provided by Openly Operated at or through the Website.

Customer, you, and your refers to the organization, company, and/or individual that has visited, accesses, or uses any part of an account associated with the Website or Service.

Openly Operated, The Openly Operated Company, we, our, and us refer to Openly Operated, The Openly Operated Company, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

Content refers to the content featured or displayed through the Website and/or Service, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials.

Openly Operated May Terminate

Openly Operated has the right to suspend or terminate your access to all or any part of the Website and Service at any time, with or without cause, with or without notice, effective immediately. Openly Operated reserves the right to refuse service to anyone for any reason at any time.

Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Acceptable Use Policy

Short Version

Openly Operated is a small website hoping to bring transparency and trust to apps and services. However, while using our Website, you must follow this Acceptable Use Policy, which includes certain restrictions and limitations.

Compliance with Laws and Regulations

Your use of the Website and/or Service must not violate any applicable laws and regulations, including but not limited to, copyright or trademark laws, export control laws, or other laws and regulations in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with any applicable laws and regulations.

Content Restrictions

You agree that you will not under any circumstances upload, post, host, or transmit any content that:

is unlawful or promotes unlawful activities;

is libelous, defamatory, or fraudulent;

is discriminatory or abusive toward any individual or group;

contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or

infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.

Conduct Restrictions

While using the Website and/or the Service, you agree that you will not under any circumstances:

harass, abuse, threaten, or incite violence towards any individual or group, including Openly Operated employees, officers, and agent;

use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;

attempt to disrupt or tamper with OpenlyOperated.org servers in ways that could harm our Website or Service, to place undue burden on Openly Operated servers through automated means, or to access the Website and/or Service in ways that exceed your authorization (other than access authorized by the Openly Operated Bug Bounty program);

impersonate any person or entity, including any of our employees or representatives, including through false association with Openly Operated, or by fraudulently misrepresenting your identity or site's purpose;

violate the privacy of any third party, such as by posting another person's personal information without consent; or

perform any act that is unlawful or promotes unlawful activities.

Intellectual Property

We own the Service, the Website, and all OpenlyOperated.org products. In order for you to use our content, we give you certain rights to it, but you may only use our Content, Service, and Website in the way we have allowed.

Disclaimers

Short Version

We provide our Service as is, and we make no promises or guarantees about this Service. We will not be liable for damages or losses arising from your use or inability to use the Service or otherwise arising under this Agreement. You are responsible for your use of the Service. If you harm someone else or get into a dispute with someone else, we will not be involved. Please read this section carefully; it limits our obligations to you and you should understand what to expect.

Disclaimer of Warranties

Openly Operated provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Openly Operated does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, Content or other material obtained from the Service.

Limitation of Liability

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:

the use, disclosure, or display of any Content;

your use or inability to use the Service or the Websites;

any modification, price change, suspension or discontinuance of the Service or the Website;

the Service generally or the software or systems that make the Service available; unauthorized access to or alterations of your transmissions or data when you use the Service;

statements or conduct of any third party on the Service;

any other user interactions that you input or receive through your use of the Service; or any other matter relating to the Service or the Website.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

Release and Indemnification

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Openly Operated (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases OpenlyOperated.org of all liability); and (3) provides to you all reasonable assistance, at your expense.

Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Openly Operated and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Delaware, without regard to conflict of law provisions. You and Openly Operated agree to submit to the exclusive jurisdiction and venue of the courts located in the State of Delaware.

Non-Assignability

OpenlyOperated.org may assign or delegate these Terms of Service, the Agreement, and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including the license grant. You may not assign or delegate any rights or obligations under the Terms of Service, the Agreement, or the Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.

Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

Severability

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Openly Operated to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

Amendments

We reserve the right, at our sole discretion, to amend these Terms of Service and the Agreement at any time and will update these Terms of Service and the agreement in the event of any such amendments. We will notify our users of material changes to this Terms of Service and the Agreement through e-mail if you have provided one.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part of them) with or without notice.

The Agreement, including the Terms of Service and the Openly Operated Privacy Policy, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Openly Operated relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

If you have any questions or concerns regarding our terms of use, please contact us at hi@openlyoperated.org and we will respond as quickly as we can.