Terms of Use

Terms of Use By using, including viewing, the web service titled "U8" (http://u8.smalltalking.net) ("the Service") set up and operated by Smalltalking. ("the Association"), the User agrees to the terms of use set forth in this Agreement ("the Agreement").

  1. Terminology definitions

    The terminology used in this agreement is defined as follows.
    • "the Association" - Smalltalking.
    • "the Service" - Services offered through "U8"
    • "the Site" – the "http://u8.smalltalking.net" website pages
    • "the Users" – all individuals who visited the Service
    • "Contributor" – an individual who contributed after registering on the Service based on the terms set forth in Article 2.
    • "Contributed data" – Various types of data contributed by a Contributor to the Service or to a contribution (code, code titles, tags, linked addresses).
    • Registration information – Information registered by a Contributor for the purpose of receiving the Service offerings.
    • "Personal information" - Information contained within registration information that can be identified with a specific individual (e-mail addresses, etc.).
  2. Registration, etc.

    1. Users who contribute to the Service shall submit a Contributor registration application by entering and transmitting the required information according to the Association’s specified procedure after agreeing to this Agreement.
    2. The Association may decline said Contributor registration application in any of the cases listed hereinafter.
      • If the applicant’s User privileges were temporarily suspended or cancelled in the past.
      • When new Contributor applications are restricted at the discretion of the Association.
      • Under other circumstances,when the Association deems the applicant inappropriate to register as a Contributor
  3. Contributed data

    1. The Contributor consents to the use of a system by the Service that may not always completely save all Contributor data. The Association assumes no liability whatsoever for unforeseen circumstances or for suspensions, etc., set forth in Article 10, that result in disappearance, alteration, destruction, or damage of Contributor data stored during the time period the Service was provided.
    2. In the event the Contributor revises or duplicates Contributor data, the Contributor agrees to continue the previously noted indication of consent to use on the relevant Contributor data that existed prior to the revision. In the event of any problem whatsoever, the relevant Contributor agrees to resolve it under his own responsibility and at his own expense, and will not inconvenience the Association about it in any way whatsoever.
    3. The conributor agrees to be responsible of the contributed data been under the license terms specified in this page
  4. Self-responsibility

    1. The Contributor agrees to take responsibility for his own judgment as to the authenticity of any information contained in the Service.
    2. The Contributor agrees to accept full responsibility for all acts and their outcomes while using the Service, including contribution of comments. In the event of any problem whatsoever, the relevant Contributor agrees to resolve it under his own responsibility and at his own expense, and will not inconvenience the Association about it in any way whatsoever.
    3. The Contributor agrees to provide suitable equipment, software, and communication means under his own responsibility and at his own expense in order to use the Service.
  5. Copyright, etc.

    1. The Contributor warrants that he holds the intellectual property rights including copyright for any contributed data. However, the scope of the use consent for copyrighted contributed data publicly disclosed on the Service shall be determined by the Contributor at his discretion.
    2. The Contributor consents in advance to other Contributors revising or duplicating the contributed data via the Service, regardless of the scope of the use consent.
    3. The Contributor grants to the Association rights to duplicate, publicly transmit, communicate by word-of-mouth, distribute, hand over, display, translate, adapt, modify, publish in print, lend, or exercise other copyright related rights pertaining to the data contributed via the Service and the generated binary [code], from the point in time in which it is posted or displayed on the Site, without compensation and on a non-exclusive basis. In addition, the Association may reauthorize the exercise of said rights to a third party specified by the Association.
    4. The Contributor shall not exercise the copyright holder rights (public display rights - name display rights - rights of integrity) pertaining to the use of these rights by the Association and a party that received reauthorization based on the preceding item in this Agreement.
  6. Use of the Service

    1. The copyrights, patent rights, trademarks, design rights, and other intellectual property rights related to the Service’s information written on the equipment and the Site as necessary in the course of offering the Service are the property of the Association. Users are prohibited from acting in any way that violates these intellectual property rights.
    2. Irrespective of a Contributor’s cancelling his membership, the contributed data contributed by that Contributor shall continue to be publicly available on the Service unless there is a special application to remove it.
  7. Membership revocation by the Association

    1. In the event a Contributor commits any of the acts listed hereinafter, or the Association determined that there is a concern that a Contributor might commit any of the acts listed hereinafter, the Association at its discretion may immediately revoke the relevant Contributor’s membership without prior announcement or notification, and without obtaining the Contributor’s consent, or may delete the relevant Contributor’s data.
      • When the terms of the Agreement were violated.
      • When an individual registered as a Contributor by impersonating another.
      • When any of the prohibited acts listed in Article 8 were committed.
      • Under other circumstances that caused the Association to determine the individual is inappropriate as a User.
    2. In the event the Association incurred damages due to any of the aforementioned circumstances, the Contributor shall compensate the Association for said damages.
    3. The Association assumes no obligation to disclose to the Contributor the reason for revoking the Contributor’s membership.
  8. Prohibited acts

    Contributors are prohibited from the following acts or any act that may cause concern that any of the following acts might be committed, in the course of using the Service.
    • Acts that violate the legitimate rights of the Association or third parties, such as ownership rights, all intellectual property rights including copyrights, portrait likeness rights, publicity rights, etc., or acts that raise a concern that such violations will occur.
    • Acts that cause disadvantage or damage to other Contributors, to the Association, or to third parties.
    • Acts that prejudice, slander, or defame the name or credit of other Contributors or third parties.
    • Acts counter to the public welfare or that the Association deems to be counter to the public welfare
    • Acts that violate or that foment, entice, or solicit violations of laws and ordinances
    • Acts of improper solicitation using the Service
    • Acts intended to profit commercially in relation to the Service, regardless of the lack of Association approval.
    • Acts derogatory or defamatory to the Service’s credit Registering false information.
    • Acts of improper use of the registration information of Contributor registration applicants or of Contributors.
    • Acts of displaying content that a third party can identify with an individual.
    • Acts that interfere with the operation of the Service or that cause a concern of possible interference with the Service.
    • Acts that foster any act that becomes known as an act to which any of the aforementioned descriptions apply.
    • Any other acts that the Association deems inappropriate.
  9. Temporary suspension

    1. The Association may temporarily suspend providing all or part of the Service under any of the circumstances described hereinafter, without prior notice to the Users.
      • Periodic or emergency maintenance of facilities, etc., used by the Service.
      • When the Service could no longer be provided due to fire, power outage, earthquake, volcanic eruption, flood, tsunami, or similar force majeure.
      • When the Service could no longer be provided due to political circumstances such as war, riots, terror, civil disorder, and labor disputes.
      • Under other circumstances that the Association deemed to require the temporary suspension of the Service.
    2. The Association assumes no responsibility whatsoever for damages incurred by a Contributor or third parties caused by delay or interruption of all or part of the Service under any of the aforementioned circumstances or other circumstances.
  10. Termination of the provided Service

    The Association may terminate all or part of the Service after notifying Users in advance. Upon termination, the Association is exempt from liabilities that arise in the course of Service termination after giving notice.
  11. Disclaimers

    1. The Association makes no guarantees or assumes no responsibility whatsoever for damages arising from or caused by the Service content, events that occurred through the use of information, legality or morality of the information itself, rights consents, or authenticity.
    2. The Association assumes no responsibility whatsoever for issues (proposals of illegal acts or acts contrary to public welfare, defamation, insults, privacy violations, threats, slander, harassment, etc.) arising between Contributors using the Service, and if the Association receives notice of these, or a dispute arose, the Contributors will resolve it on their own responsibility and at their own expense.
    3. In the event the Association or a third party incurred damages caused by acts of a User in the course of his use, the Association or the third party may make a claim for damages compensation against the relevant Contributor, and that Contributor is obligated to make compensation under his own responsibility and at his own expense.
    4. The Association has no obligation whatsoever to make compensation for damages associated with delayed distribution, non-distribution, incorrect display on the Site, or any other problem caused by malfunctions of the computer systems used to provide the Service. In addition, the Association may from time to time use other means determined separately, to report to Users regarding information about the relevant environment, etc.
    5. The Association has no obligation whatsoever to compensate for damages to computers, circuits, software, or other property arising from infections of computer viruses downloaded from the Websites of any third parties, including the Service, partner media, and advertisers.
    6. From time to time the Association may modify the Service content, name, specifications, etc., without prior notice to Users. The Association assumes no responsibility whatsoever for events arising in connection with these modifications.
    7. The Association has no obligation to monitor the Service, but in the event the Association deemed any of the prohibited acts described in Article 8 applies to information contributed by a Contributor, and the Contributor has acted or displayed information in violation of or there is a concern there may be a violation of this Agreement, the Association may delete the relevant comments without obtaining the consent of the relevant User or explanation of the reason to the relevant User, or may restrict the use of the Service by the relevant User. The relevant User may not file a petition of objection or make a claim for damages compensation in relation to these actions by the Association.
  12. Privacy Policy

    1. In the course of his using the Service, the Contributor will be treated on the basis of the Privacy Policy posted separately by the Association on the Site. In addition, from time to time the Association may revise said Privacy Policy without prior or subsequent notice to the Contributor.
    2. In the event the Association conducts surveys on the Service and in response the Contributor provides personal information, including e-mail addresses, etc., the personal information will be used for a purpose only after that purpose is clearly defined in advance.
    3. The Association will not disclose personal information registered by a Contributor to third parties except in cases required by law.
  13. Revisions to the Agreement

    1. The Association may revise this Agreement from time to time, and its new provisions shall be effective from the point in time when the revised Agreement is displayed on the Site.
    2. The User will be deemed to have agreed to the Terms of Use Agreement content at the point in time when the User next uses the Service after the revisions of the Terms of Use Agreement go into effect. The [newly revised] Agreement will go into effect between the relevant User and the Association after the revisions.
    3. The User may not object to the revised content on the basis he did not know or did not consent to it.
  14. Court of competent jurisdiction and applicable law

    1. Litigation of disputes arising between the Association and a User in relation to use of the Service will be heard in the court of first instance of exclusive agreement in the jurisdiction in which the Association is located.
    2. This Agreement will be governed by the laws of Argentina.

Stipulated November 1, 2011
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