DEFENSIVE PUBLICATIONS™ TERMS OF SERVICE

  1. ACCEPTANCE OF TERMS
     
    Open Invention Network, the Software Freedom Law Center, and the Linux Foundation (collectively, the “Sponsors”) provide the information, features and services on this Web site (the “Site”) as provided in these Terms of Service (“TOS”). The Sponsors may modify the TOS at any time and without prior notice by posting a new version at http://www.defensivepublications.org/. The information, features and services on this Site and your use of it is subject to the most recent version of the TOS posted, and by accessing and using this Site, you agree to, and will be bound by, the terms set forth therein.

  2. PROJECT OVERVIEW
     
    The Site enables third parties ("Contributors") to submit documents that provide descriptions and artwork of a product, device or method so that it enters the public domain, becomes prior art, and with the assistance of the Sponsors, may be published as a defensive publication in the IP.com database and elsewhere. The Site also enables Contributors to submit inventions for the purpose of supporting and pursuing patents. The Defensive Publications project team has full discretion to accept or reject submissions pursuant to guidelines determined by the Sponsors.

  3. INTELLECTUAL PROPERTY ASSOCIATED WITH SUBMISSIONS OF PRIOR ART AND PARTICIPANT COMMENTARY
     
    Participation in the Defensive Publications project and use of the Site may entail identifying prior art for use as a defensive publication in challenging the validity of existing patent claims, and providing commentary and annotations regarding the prior art that Contributors submit. Contributions to the Site are made at the sole discretion of the contributor. Contributors provide any submissions, commentary, or annotations (the "Contributions") free of charge with the understanding that, with respect to any copyright interests Contributors may have in the Contributions, Contributors are licensing the Sponsors and other Contributors to use, copy, distribute, publicly display, publish and modify those materials in connection with the Defensive Publications project on a perpetual, irrevocable, royalty-free, fully-paid-up basis, and to authorize the Sponsors, other Contributors, and any other participant in the Defensive Publications project the right to grant others these same rights. The Sponsors may refuse to publish any Contributions, and may remove Contributions from the Site at any time.
     
    You may also choose to submit and contribute inventions via the Site. If you choose to submit and contribute an invention, you are irrevocably granting the Sponsors an ownership interest in the invention and all associated patents and patent rights, and granting the Sponsors the irrevocable, non-exclusive, world-wide, royalty-free, fully-paid-up right to (and to sublicense through multiple tiers of sublicensees) use, make, have made, distribute, and import the product, device, apparatus or method covered by such patents, and to practice any processes or methods covered by such patents. Said licensing will be made under the Open Invention Network licensing program and be made available to the Linux community on a royalty-free fully-paid-up basis to those agreeing to the terms and conditions of Open Invention Network’s licensing program.

  4. YOUR REGISTRATION OBLIGATIONS
     
    In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Sponsors have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Sponsors have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

  5. CONDUCT
     
    You understand that all Contributions, whether publicly posted or privately transmitted, are the sole responsibility of the Contributor. This means that the Contributor, and not the Sponsors, are entirely responsible for the content of all Contributions uploaded, posted, emailed, transmitted or otherwise made available via the Site. The Sponsors do not control Contributions posted or transmitted via the Site and, as such, do not guarantee the accuracy, integrity or quality of such Contributions. Under no circumstances will the Sponsors be liable in any way for any Contributions, including, but not limited to, any errors or omissions in any Contributions, or any loss or damage of any kind incurred as a result of the use of any Contributions posted, emailed, transmitted or otherwise made available via the Site.  
     
    You further agree not to use the Site to:  
     
    a) upload, post, email, transmit or otherwise make available (by linking from the Site or otherwise) any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or harmful;  
     
    b) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or other relationships; or  
     
    c) upload, post, email, transmit or otherwise make available any content that infringes the intellectual property rights of any party, misappropriates any trade secret of any party, or breaches any right of confidentiality of any party.
     
    You acknowledge, consent and agree that the Sponsors or their authorized agents may access, preserve and disclose your account information and content submitted by you if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Sponsors, users and the public.

  6. SCOPE OF EMPLOYMENT
     
    If you are an employee of another, and your participation in the Defensive Publications project is within the terms of your employment, you agree that your employer has authorized your participation.

  7. INDEMNITY
     
    You agree to indemnify and hold the Sponsors, and each of their respective subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of Contributions you submit, post, transmit or otherwise make available via the Site, your use of the Site, your connection to the Site, your violation of the TOS, or your violation of any rights of another.

  8. SUSPENSION OF SITE
     
    The Sponsors reserve the right at any time and from time to time to discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that the Sponsors shall not be liable to you or to any third party for any suspension or discontinuance of the Site.

  9. TERMINATION
     
    You agree that the Sponsors may terminate your access to or use of the Site, in whole or in part, for violations of the TOS and/or requests by authorized law enforcement or other government agencies.

  10. LINKS
     
    The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Sponsors have no control over such sites and resources, you acknowledge and agree that the Sponsors are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Sponsors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  11. INTELLECTUAL PROPERTY
     
    The names Open Invention Network, Linux, Linux Defenders and the works and elements comprising this Site are protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Site is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable trademark, copyright and other laws, as well as any additional copyright notices or restrictions contained in the Site.

  12. DISCLAIMER OF WARRANTIES
     
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:  
     
    YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SPONSORS OF THIS SITE, AND EACH OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  
     
    THE SPONSORS OF THIS SITE, AND EACH OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES AND LICENSORS MAKE NO WARRANTY THAT (a) THE SITE WILL MEET YOUR REQUIREMENTS; (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE and (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE.  
     
    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SPONSORS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

  13. LIMITATION OF LIABILITY
     
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SPONSORS OF THIS SITE, AND EACH OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE.

  14. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
     
    The Sponsors respect the copyright of others, and we ask our users to do the same. The Sponsors may, in appropriate circumstances and at their discretion, disable and/or terminate the access of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Site’s Copyright Agent the following information:  
     
    a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;  
     
    b) a description of the copyrighted work that you claim has been infringed;  
     
    c) a description of where the material that you claim is infringing is located on the site;  
     
    d) your address, telephone number, and email address;  
     
    e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and  
     
    f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.  
     
    The Agent for notice of claims of copyright infringement can be reached as follows:  
     
    By mail:
    Aaron G. Spencer
    Copyright Agent
    C/O Williams Mullen
    PO Box 19764, Raleigh, NC 27619
    By fax: 919-981-4300
    By email: agspencer@williamsmullen.com

  15. ENTIRE AGREEMENT
     
    The TOS constitutes the entire agreement between you and the Sponsors and governs your use of the Site, superseding any prior agreements between you and the Sponsors with respect to the Site.

  16. CHOICE OF LAW AND FORUM
     
    The TOS and the relationship between you and the Sponsors shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and the Sponsors agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Durham, North Carolina.

  17. WAIVER AND SEVERABILITY OF TERMS
     
    The failure of the Sponsors to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

  18. ACCESS OUTSIDE THE UNITED STATES
     
    If you choose to access the Site from outside the United States, you are responsible for compliance with foreign and local laws. The Site is not available through the Sponsors to any person located or organized in, controlled by or who is a national of Cuba, Iran, North Korea, Syria, Sudan or any other country with respect to which the U.S. has enacted trade embargoes or any other entity on the U.S. Treasury Department's list of "Specially Designated Nationals and Blocked Persons" (a "Restricted Entity"). You represent and warrant that you are not a Restricted Entity and you are not using the Site for the benefit of a Restricted Entity.