- The Upverter Service. The Website facilitates users who have created an account ("members") sharing, building and collaborating on design and other elements of hardware and electronic development. If you become a member of the Website you will be able to browse (and fork) designs, access crowdsourced libraries of open source hardware components and explore new ideas and developments with other members on the license terms specified by the user who has made their design available to the community.
- Use of the Website. Key features of the Website include the ability for members to generate content and design from anywhere. In using the Website you acknowledge and agree that all information, data, text or other materials, whether publicly posted or privately transmitted to the Website by viewers or users, is the sole responsibility of such viewers or users ("User Content"). This means that the user and not Upverter, is entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Website. If you use a third party’s design that use will be subject to the license terms on which that party makes the design available to you through the Website. Upverter does not control User Content or the arrangements that users make among themselves for licensing content. As such Upverter does not guarantee the accuracy, integrity or quality of such content and under no circumstances will Upverter be liable in any way for any materials, including, but not limited to, any use or reliance on User Content.
- Use Restrictions. In using the Website you shall not (a) copy or distribute any part of this Website (including content of the Website) except to the extent expressly permitted, (b) alter or modify any part of the Website, (c) upload, post, email, transmit or otherwise make available on the Website any material that is unlawful, untrue or misleading, harmful, threatening, abusive, defamatory, obscene, invasive of another's privacy, gives rise to civil liability, or is otherwise objectionable, (d) impersonate any person or entity or misrepresent your affiliation with a person or entity; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website; (f) upload, post, email, transmit or otherwise make available any material that You do not have a right to make available under any law or under a contractual relationship; (g) upload, post, email, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (h) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (i) upload, post, email, transmit or otherwise make available 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 data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; (j) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (k) intentionally or carelessly violate any applicable local, state, national or international law or regulation; (l) collect or store personal data about other users or viewers; or (m) resell the content of the Website, the use of the Website or access to the Website or the content of the Website.
- Sharing Designs and other Content. If you share designs, technical materials including specifications and other documentation) on the Website ("Designs"), you are agreeing that other users can view, modify and distribute such Designs and the resulting products can be sold freely by such users subject to such users’ compliance with the license terms attached to the Designs provided by you. Any use made of your Designs by other users is a contractual arrangement between you and the relevant user; not Upverter. You will not be entitled to any royalties from users for their incorporation of any of your Designs unless you have made that content available under a royalty-bearing license arrangement and by granting a license to other members you are agreeing not to enforce any patent rights against such users in relation to the licensed Designs.
- DISCLAIMER. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, UPVERTER DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UPVERTER SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. UPVERTER DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND UPVERTER SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL UPVERTER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE (INCLUDING USER CONTENT AND DESIGNS), (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, USER CONTENT OR DESIGNS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF UPVERTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- Feedback. If You provide Upverter with any suggestions, comments or other feedback ("Feedback") relating to the Website or services offered through the Website, Upverter may use such Feedback in the Website or in any other products or services. Accordingly, You agree that: (a) Upverter is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Upverter, (c) Upverter (including all of its successors and assigns) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize the Feedback, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Upverter or any of the users of the Website.
- Advertising. The Website may be provided with advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Upverter shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. It is your responsibility to ascertain whether any information or materials downloaded from this Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
- Changes. Upverter may alter, suspend or discontinue this Website at any time and for any reason or no reason but will endeavor to provide notification of this on the homepage of the Website. The Website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Upverter may periodically add or update the information and materials on this Website without notice.
- Security. Information sent or received over the Internet is generally unsecure and Upverter cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information.
- Assignment. You may not assign any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Upverter’s prior written consent. Upverter may assign any rights or licenses granted hereunder, at any time without notice.
LAST UPDATE: November 6, 2012