Privacy Policy

OPENSIMSIM
OPEN SOURCE DESIGN NETWORK

T +49 30 200 09 01 00
F +49 30 200 09 01 99

BE@OPENSIMSIM.NET

HTTP://WWW.OPENSIMSIM.NET

GOETHESTRASSE 2-3
AUFGANG B - 4. ETAGE
10623 BERLIN

TERMS OF USE
This document sets forth the terms of use (“terms”) of the OPENSIMSIM OPEN SOURCE DESIGN NETWORK (“OPENSIMSIM”). In these terms, “we,” “us,” “its” and “ours” refers to OPENSIMSIM, “website” refers to opensimsim.net and “you” and “your” refers to you.

1. By using the website, you agree to be bound by these terms - if you do not agree, you are not permitted to use the website. We reserve the right, at our discretion, to change, modify, add or remove portions of these terms. Such modifications shall be effective immediately upon posting of the modified terms on the website. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.
The terms and the relationship between you and us shall be governed by the laws of the Federal Republic of Germany without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Berlin, Germany.

2. The website and all information contained on it is provided on an “as is” and “as available” basis. We reserve the right at any time to modify or discontinue, temporarily or permanently, the website or any part thereof, with or without notice. We will not be liable to you, any other user or any third party for any direct or indirect damages you may incur as a result of such modification, suspension or discontinuance.
You agree that we, in our sole discretion, may terminate your password, account, and remove and discard any content within the website, for any reason. You agree that any termination of your access to the website under any provision of these terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files. We reserve the right to bar any further access to such files or the website. You agree that we will not be liable to you or any third-party for any termination of your access to the website.
You use the website at your own risk. We expressly disclaim any warranty of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, whether with respect to the website itself or any content contained therein. OPENSIMSIM is liable only in the case of tort, and the liability is limited to intent and gross negligence.
You agree to indemnify, defend and hold OPENSIMSIM, its subsidiaries and affiliates and their respective officers, employees and agents, and each of our website partners harmless from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your acts or omissions, including claims arising out of your use of the website, your posting of content, and your violation of these terms.

3. By using the website, you declare that you are at least 18 years of age, are legally competent to form a binding contract and are not a person barred from receiving services under the laws of Germany or other applicable jurisdiction.

4. When you register as user you also agree to provide true, accurate, current and complete information about yourself as prompted by the website’s registration form and promptly update this data to keep it true, accurate, current and complete at all times.
You will receive a password and account designation upon submitting your registration data. You are responsible for maintaining the confidentiality of the password and account, and are fully liable for all activities occurring there under. We will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account.

5. By using the website, you represent that any content you provide (e.g. uploads) is free of any trademark rights, licenses or other intellectual property rights that prevent such content from being used on the website in the manner contemplated by these terms.
All user-created content must be licensed under a free license, an acceptable Creative Commons license, or they may also be released into the public domain, which removes all copyright and licensing restrictions.
All information, data, text, software, music, sound, images, sketches, diagrams, photographs, graphics, renderings, video, messages or any other materials whatsoever (collectively, "content"), however posted to, maintained on, or transmitted via the website, is the sole responsibility and property of the person from which such content originated (the “author”). This means that the author is entirely responsible for all content that he or she uploads, posts, or transmits via the website. In the event any content is deemed illegal under applicable law, we will cooperate fully with applicable authorities in removing such content and identifying its author.
Except as they may provide pursuant to a “Creative Commons” license or otherwise, and except as provided below with respect to the rights of the website to content posted therein, authors retain all patent, trademark, and copyright rights to all content they post. We are not responsible for protecting the rights of any author to his or her content, and authors are not entitled to our assistance in protecting such content. Although we claim no ownership over any content, by making content available on the website you grant us a world-wide, royalty free, perpetual, irrevocable, non-exclusive and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, publicly perform and publicly display such content for promoting the website and for other purposes as may be determined by OPENSIMSIM.

6. We generally will not screen content and we are under no obligation to do so. We may, however, investigate complaints regarding content. After investigating a complaint, we may call upon an author to retract or modify the content in question. If the author fails to satisfy such a request, we delete the content in question, terminate of the account of the author, or take other appropriate action.

7. Although content may contain information that is prepared by a member of a profession or a skilled trade, content is for general informational purposes only and is not specific professional advice rendered to you in your particular circumstances. By accessing content, no contract is created between you or any other person, including the author, the website or OPENSIMSIM. In addition, neither the website, OPENSIMSIM or any author make any representations or warranties regarding the fitness or quality of content or its appropriateness for any particular use, its compliance with applicable laws or regulations (including building codes), or its consistency with prevailing practices in any particular location. Specifically, local building codes and requirements are subject to change at any time and complete and accurate building code information can only be obtained directly from the relevant governmental agency in your jurisdiction. You are advised to consult with an architect or other relevant professional licensed to practice in your jurisdiction prior to making use of any content.

PRIVACY POLICY

This privacy policy (the “policy”) is designed to respect and protect the privacy of all visitors to the website and is intended to inform you about the way that OPENSIMSIM OPEN SOURCE DESIGN NETWORK (“OPENSIMSIM”) treats your personal data. In these terms, “we,” “us,” “its” and “ours” refers to OPENSIMSIM, “website” refers to opensimsim.net and “you” and “your” refers to you.

1. In order to use certain features of the website, you will need to register. When registering you will be asked to provide an email address and create a username and password. You may also choose to create a more detailed profile of yourself on the Website by submitting additional personal information. Please note that even if you do not provide any additional personal information to the Website (e.g., by adding it to your user profile), if you choose a username that includes or reveals your name or any other personal information, such information may be available to other users of the website and to the general public. For purposes of this policy, the terms “personal information” and “personally identifiable information” shall mean all information provided during your initial registration on the website and during your creation of a user profile, including, for example, your real name, e-mail address, postal address and other location information, your age, your gender and certain other demographic information or information that may enable online or offline contact with you.

2. We collect data regarding the users of the website, including: (a) The Internet Protocol (IP) address of the user’s computer. This may or may not be associated with a particular Internet Service Provider (ISP); (b) The referring URL, if any; (c) The browser software identification (i.e. the brand and version of your browser software).

3. We will use the email address provided by you when you register to contact you from time to time. This may be for security reasons, to ask your opinion about the website, or it may be to keep you updated on the services currently available on the website and any changes to those services and those that we intend to launch in the future.
We will not permit any third parties to contact you directly on an unsolicited basis in relation to their own products or services.

4. We may display links to third party sites. However, we cannot control and cannot be held responsible for those other sites, their privacy policies or how they treat information about their users. We advise you to check their terms of use and privacy policies to find out how they are treating your personal information.

5. We may use third-party partners to help operate our Website, and we may share your information with our affiliates, service providers and other third parties that provide products or services for or through this Website or for our business (such as Web site or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf).

6. We use cookies to improve the efficiency and quality of our service. We use these cookies to identify you as a valid user and to help personalize your website experience in conjunction with your profile. Most browsers have cookies turned on as a default, but you can always disable cookies or only allow non-persistent cookies via your browser preferences. If you choose to disable cookies, however, you may not be able to enjoy the website’s full functionality. Please remember that cookies cannot read your hard drive or give any information collected to any third party. A cookie can only be read by the organization that sets it.

7. We believe in privacy and therefore will take all reasonable measures to ensure that your personally identifiable information remains private. However, in the event that we are required to disclose personally identifiable information by a court, the police or other law enforcement bodies for their investigations, regulation or other governmental authority we will make such a disclosure without being in violation of this Policy.

8. By disclosing any information to OPENSIMSIM through the website and by using the website as a registered user, you are consenting to the collection, storage and use of your personal information by OPENSIMSIM as set out in this policy and the Terms and Conditions, and you understand and consent to the collection, maintenance, processing of such information on our servers in Germany.

9. If OPENSIMSIM makes any changes to this policy these changes will be detailed on this page in order to ensure that you are fully aware of what information is collected, how it is used and under what circumstances it will be disclosed. If you are concerned about how your information is collected, used or disclosed, you should periodically check back at this page. If you have any specific concerns not addressed in the policy, please contact us using the feedback page on the website.