Recording.org Terms of Service

These bulleted lists are a human-readable summary of the Terms of Service.  The full terms of service begin at the heading ‘Our Terms of Service’ below.

    Disclaimer: This summary is not a part of the Terms of Service and is not a legal document. It is simply a handy reference for understanding the full terms. Think of it as the user-friendly interface to the legal language of our Terms of Service

You are free to:

    Contribute content such as documentation, issue queue discussions, forum posts, and more
    Share and Reuse content under the Creative Commons License, Attribution-ShareAlike 2.0
    Publish code under the GNU General Public License version 2 or later

Under the following conditions:

    Responsibility – You take responsibility for your contributions (since we only host your content)
    Civility – You act under the Recording Community Code of Conduct
    Lawful Behavior – You do not violate copyright or other laws
    No Harm – You do not harm our technology infrastructure
    Terms of Service and Policies – You adhere to the below Terms of Service and to the applicable community policies when you visit our sites or participate in our communities

Our Terms of Service

Welcome to Recording.org! The Recording Association ("Association", "we" or "us") is an organization whose mission is to unite a global open-source community to build and promote Recording. Part of our work includes maintaining and improving the infrastructure and software that fuel Recording.org. We welcome you (the “user”, “you”) as a contributor of code, training, documentation, design, and plain old opinions to the Recording Project. Before you create an account on this Website, however, we ask that you please read and agree to the following Terms of Service (“Terms of Service”).

Overview

These Terms of Service are meant to tell you about the services the Association provides through Recording.org, and the rights and responsibilities that guide us both. Although the Association makes Recording.org available to the community, it is the community, including you, that creates the majority of contributions to the site. We intend to provide a platform for the community to do its work.

The Recording community is actively engaged in the governance and improvement of Recording.org. This includes code contributions as well as oversight provided by members of the Recording.org Content, Software, and Infrastructure Working Groups. As the organization with legal responsibility for Recording.org, the Association asks that you follow the policies outlined in this Terms of Service.

The following terms and conditions (including any documents referred to in them) (collectively, the "Terms of Service"), apply to your use of the Recording.org website and all *.Recording.org subsites (collectively, the "Website"), as well as any content, functionality and services offered to you, whether as a guest or a registered user, on or through the Website.

Please read the Terms of Service carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, which can be found at http://recording.org/privacy.

The Website is operated by the Recording Association with the help of the Recording community. We may revise and update these Terms of Service from time to time at our sole discretion. If we make any material changes to these Terms of Service, we may or may not notify you by sending an email to the address associated with your user account, at least 72 hours before the changes become effective. We may or may not publish a notice on the Website as well. Your continued use of the Website (publishing content) following the posting of the revised Terms of Service means that you accept and agree to the changes.

A. Accounts

Many activities on the Website do not require an account. However, an account may be required for certain types of activities, such as posting to forums or uploading code. Following is important information about your account.

1. To access some of the resources this website offers, you will need to create an account and provide your email address, username, and password.

2. User accounts are intended for personal use by an individual.

3. If you are sharing your user account with multiple people (e.g. as your “official” organization account), you are not allowed to do the following using this account:

    Commit code to Git repositories on the Website
    Create any node except for organization, case study or project nodes
    Comment on nodes

If you are sharing your user account with multiple people you are allowed to:

    Create project nodes
    Create organization nodes
    Create case study nodes
    Submit translations to localize.recording.org

4. We welcome community members of any age, however, if you are under 16 years old, we ask you to use the site with your parents, or with their consent.

5. You are responsible for maintaining the security of your account and password and all activities that occur under the account. You should never disclose your password to any third party.

6. Please notify us immediately of any unauthorized use of your user account or any other breach of security by sending an email to recording@recording…. You also agree to ensure that you exit from your account at the end of each session from a public or shared computer.

7. We have the right to block any user account at any time in our sole discretion if you have failed to comply with any provision of these Terms of Service, Recording Code of Conduct or Git Repository Usage Policy.

B. Content

1. The Website, its features and functionality are owned by Recording.org.

2. Content, including user-generated content like comments and discussions (except for the code) on the Website is licensed under Creative Commons License, Attribution-ShareAlike 2.0 except where the content is shared from a third-party source where the license is cited (e.g. Recording Planet). It is the user’s responsibility to obtain appropriate licensing and attribution for the content they post to the site. Content without appropriate licensing or attribution will be removed.

3. All code on Recording.org is licensed under the GNU General Public License version 2 or later. See Licensing FAQ for more information on the legal uses of Recording.org content.

4. We cannot and do not undertake to review all materials before they are posted on the Website, and cannot ensure immediate removal of any objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided for the Website by any user or third party.

5. We do not warrant the accuracy, completeness or usefulness of any third-party content posted on the Website. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

C. Activities

The Recording Project only exists because of the vibrant community of users like you who collaborate to write, edit, curate and contribute code and documentation. We happily welcome your participation in this community. We ask you to be civil and polite in your interactions with others in the community, to act in good faith, and to make contributions aimed at furthering the success of Recording.

Certain activities, whether legal or illegal, may be harmful to other users and violate our rules, and some activities may also subject you to liability. Therefore, to ensure that Recording.org is a safe place for all users, you may not engage in such activities on our sites.

You agree that:

• You are responsible for what you publish
• While publishing content on the Website, you will respect the Recording Code of Conduct
• Harassment will not be tolerated in any form, including but not limited to harassment based on gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, age or religion. Any report of harassment will be addressed immediately. Harassment includes, but is not limited to:
• Comments or imagery that reinforce social structures of domination related to gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, age, or religion
• Unwelcome comments regarding a person’s lifestyle choices and practices, including those related to food, health, parenting, drugs, and employment
• Abusive, offensive, or degrading language or imagery
•  Language or imagery that encourages, glorifies, incites, or calls for violence, emotional, or physical harm against an individual or a group of people
• Intimidation, stalking, or following
• Sexual imagery. At a minimum, no images containing nudity or expressions of sexual relationships that might be deemed inappropriate for a business environment should be uploaded or linked to
• Unwelcome sexual attention or advances
•  Advocating for, or encouraging, any of the above behaviour
• The content you publish will be meant for consumption by the Recording community and the public; you will not use Recording.org to host other types of content including but not limited to private content, client work, etc.
• The content you publish will not knowingly infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person, company or organization
• The content you publish will not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy
• You will not use the Website to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "spam", "junk mail", "chain letter" or any other similar solicitation
• You will not impersonate or attempt to impersonate Recording.org or a Recording.org Association employee, another user, or person or entity (including, without limitation, the use of email addresses or screen names associated with any of the foregoing)
• The primary language of the site is English. The narrative content you publish in issue queues, case studies and on project pages will be written in English; other languages may be used in other areas of the site, including Groups and Forums, for example

Additionally, you agree not to:

• Use the Website in any way that violates any applicable law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website
•  Use any device, software or routine that interferes with the proper working of the Website
• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website
• Otherwise, attempt to interfere with the proper working of the Website

D. Copyright, Takedown Requests, & the DMCA

Recording.org respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing materials from the Services and the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright that you own or control, you may notify the Recording.org Agent by contacting recording@recording… or sending your request by mail to:

Recording.org
PO Box 191 Glendon Alberta, Canada T0A 1P0

Please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Recording.org for certain costs and damages.

If we remove user-generated content in response to a copyright or trademark notice, we will notify the user via their registered email. If you are a user who believes your user-generated content was wrongly removed due to a mistake or misidentification, you can send a counter-notification to our Copyright Compliance Manager(contact details above). Counter notifications must adhere to the requirements as specified under 17 U.S.C. §512(g)(3).

E. Monitoring and Enforcement

From time to time the need may arise to address an especially problematic user because of significant Project disturbance or dangerous behavior. In such cases, we reserve the right but do not have the obligation to:

1. Exercise our enforcement discretion concerning the above terms. Accounts not following the guidelines listed above will be blocked. Content which does not follow the guidelines listed above will be removed.

2. Take appropriate legal action, including referral to law enforcement for any illegal or unauthorized use of the Website, and cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone posting any materials on or through the Website.

3. You waive and hold harmless the Association from any claims resulting from any action taken by the Association during or as a result of investigations by either the Association or law enforcement authorities.

F. Privacy

We ask that you review the terms of our Privacy Policy so that you are aware of how we collect and use your information. Because our services are used by people all over the world, the personal information that we collect may be stored and processed in the United States of America or any other country in which we or our agents maintain facilities. By using our services, you consent to any such transfer of information outside your country.

G. Compliance with Data Protection Regulations

Recording.org serves an international community, and so we are committed to complying with any applicable data protection laws and regulations, such as the EU's General Data Protection Regulation(GDPR).

For more information about how we protect your data, please consult the Privacy Policy.

H. Cancellation

We certainly hope you will stay with the Recording community for a long time, but you can stop using our services at any time.

1. You can delete your account at any time. Upon deletion all private and personally identifying information from your user profile will be deleted. The data will stay in backups on our servers for 2 weeks, after which it will be completely removed.

2. Public content you created, such as issues, forum posts, projects, documentation page revisions, etc. won’t be deleted. All this content will be attributed to ‘Anonymous’ users.

3. Once deleted, your account is gone and can not be restored.

4. If you are a relative or a friend of a deceased user, contact recording@recording… and we will take steps to lock their user account and protect the privacy and data of the deceased person. Verification may be required.

I. General conditions

1. You may link to the Website, provided you do so in a way that is fair and legal and does not suggest any form of approval or endorsement on our part. The Website must not be framed on any other site.

2. Links from the Website to other sites and resources provided by third parties are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Although the Website contains links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content.

3. You understand that we cannot and do not guarantee or warrant that files available for download from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

Highlighted for emphasis:

    We are not responsible for the content, data, or actions of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms of Service.

Any material downloaded or otherwise obtained through your use of our services is done at your discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

At Recording.org, we do our best to provide quality content to a very wide audience, but your use of our services is at your sole risk. We provide these services on an "as is" and "as available" basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.

4. Limitation on liability. In no event will Recording.org, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites or any services or items obtained through the Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

5. Arbitration. All disputes (whether in contract, tort or otherwise, whether statutory, common law or equitable and whether pre-existing, present or future) against Recording.org, its agents, employees, affiliates, successors and assigns (collectively, the "Association Affiliates"), relating to these Terms or any aspect of the Website will be resolved by binding arbitration administered by the Arbitration Service under its arbitration rules. That arbitration will be conducted before a single neutral arbitrator and will be limited solely to the dispute between Recording.org and you, the user. The arbitration will be conducted in Nanaimo, BC Canada, or by telephone or online. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Either you or Recording.org may, without violating this provision, seek from a court any equitable relief that may be necessary to protect the rights or property of that person pending the appointment of an arbitrator (or pending the arbitrator's determination of the merits of the controversy), and in those cases, you irrevocably submit to the jurisdiction court sitting in the Province of British Columbia, you waive any objection to jurisdiction and venue in those courts and any claim that forum is inconvenient, and you agree not to initiate any proceeding against Recording.org in any other jurisdiction.

6. Any cause of action or claim you may have arising out of or relating to these Terms of Service or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

7. Waiver and Severability. If in any circumstance, we do not apply or enforce any provision of these Terms of Use, it is not a waiver of that provision. If any provision of these Terms of Service is held by a court of competent jurisdiction or the arbitrator to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

8. The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Recording.org concerning the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, concerning the Website.

Contacting Us

If you have questions or concerns about this Terms of Service, please contact us at any of the following:

Via e-mail:
recording@recording…