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Terms of use

From OHO - search engine for sustainable open hardware projects

Our terms of use

Imagine a world where all of humanity's knowledge is freely available to everyone. That is our goal.

Welcome to OHO e.V.! ("we" or "us")OHO e.V. is a non-commercial charitable organization with the mission statement to enable and motivate people around the world to compile and develop content that is freely licensed or in the public domain, and to distribute it free of charge, effectively, and worldwide.

To support our vibrant community, we provide the basic infrastructure and organizational framework for the development of the multilingual wiki projects and their versions, as well as for other endeavors that further this goal. Our goal is to make the information and educational content available in our projects permanently available on the Internet free of charge.

We welcome you ("you" or the "user") as a reader, editor, author or contributor to the OHO e.V. projects and encourage you to join the OHO community. Before doing so, however, we ask that you read and agree to the following terms of use ("Terms of Use").

Overview

These Terms of Use inform you about OHO e.V.'s public services, our relationship with you as a user, and the rights and responsibilities we share. We want you to know that we provide a tremendous amount of educational and informational content, all of which has been contributed by users like you. As a matter of policy, we ourselves do not participate in the creation, monitoring, or deletion of content (with the rare exception of policies such as these Terms of Use or changes necessary to ensure legal compliance. This means that content control is in your hands and those of other users who create and manage content. We merely provide this content.

The community - the network of users who use and continuously work to build the various sites and projects - is the primary means through which our goals are achieved. The community contributes to our pages and helps us manage them. It performs the important task of creating and enforcing rules for each version of the project.

We invite you to contribute as a contributor, editor or author. However, you should follow the rules that apply to each of the independent project versions. In each of these project versions, a group of contributors, editors, and authors work together to create and manage the content of that project version. We invite you to join these groups and work with them to improve the projects. Because we are committed to making content freely available to the public, it is generally required that any content you contribute be under a free license or in the public domain.

Please note that you are responsible for all of your postings, edits, and re-use actions under the laws of Germany, as well as other applicable jurisdictions (including, as applicable, those of the country in which you live or view/edit content). For this reason, it is important that you exercise caution when posting content. In light of this responsibility, there are some rules about what you may not post, most of which are either for your own protection or for the protection of other users. Please remember that the content we provide is for general information purposes only, so if you need expert advice on specific issues (such as medical, legal, or financial matters), you should seek the help of designated or qualified professionals. In addition, as these Terms of Use contain other important notices and disclaimers, we ask that you read them in their entirety.

1. our services

OHO e.V. is dedicated to promoting the expansion, development, and distribution of free content in many languages and to making the full content of these wiki-based projects available to the public free of charge. However, we only act as a hosting service. In this role, we maintain the infrastructure and provide the organizational framework that allows our users to build the OHO e.V. projects by contributing new content and editing existing content themselves. Because of our unique role, there are some things you should be aware of regarding our relationship with you, the projects, and other users.

We do not take an editorial role: Because OHO e.V. projects are collaborative, all content provided is contributed by users such as yourself; we do not take an editorial role. This means that we do not monitor or edit project content and do not assume any responsibility for it. Accordingly, we do not endorse any opinions expressed through our services. We do not guarantee or promise that any content submitted by users will be truthful, accurate or reliable. Rather, we simply provide access to the content that other users have contributed and edited.

You are responsible for your own actions: You are legally responsible for your edits and postings on OHO e.V. Projects, so for your own protection it is advisable to exercise caution and avoid postings that may result in criminal or civil liability in any applicable jurisdiction. Applicable jurisdictions include, at a minimum, the laws of Germany. While we may disagree with such actions from time to time, we caution editors and contributors that authorities may seek to apply legal norms of other countries to your actions, such as the laws that apply in your place of residence or the place where you view or edit content. OHO e.V. generally cannot provide protection, guarantees, immunity, or indemnification.

2. privacy policy

To help you understand how we collect and use information from you, please review our Privacy Policy.

Since our services are used by people all over the world, personal data collected by us may be stored and processed in Germany 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 of your country.

3. contents that we hold ready

You may find certain material to be offensive or inaccurate: Because we offer a wide range of content created or compiled by other users, you may encounter material that you find offensive, inaccurate, misleading, misdescribed, or otherwise objectionable. For this reason, we ask that you use your common sense and judgment when using our services.

Our content is for general information purposes only: Although we provide a large amount of information that relates to professional matters, including medical, legal or financial matters, this content is presented for general information purposes only. It should not be taken as professional advice. We encourage you to seek independent professional advice from someone who is credentialed or qualified in the relevant field, rather than acting on information, opinions or advice obtained from any of the project websites.

4. refraining from certain actions

The projects maintained by OHO e.V. exist only because of a dynamic community of users like you who work together to create, edit, and maintain content. We welcome your participation in this community. We encourage you to treat others in the community with respect and courtesy, to act in good faith, and to make edits and contributions that further the goals of the shared project.

Certain actions, whether legal or illegal, may be harmful to other users and violate our rules, and some actions may also have legal consequences for you. For this reason, for your own protection and the protection of other users, you are not allowed to perform such actions on our Sites. These actions include:

Harassment and insulting others

- Participation in harassment, threats, stalking, spam or vandalism;

- Sending chain letters, junk e-mail or spam to other users.

Violation of the privacy of others

- Violate the privacy rights of others under the laws of the United States or other applicable jurisdictions (including, as applicable, those of the country in which you live or view or edit content);

- Request personal information for the purpose of harassment, exploitation, invasion of privacy, or for any promotional or commercial purpose not expressly authorized by OHO e.V.;

- Requesting personal information from anyone under the age of 18 for an illegal purpose or in violation of an applicable law designed to ensure the health or welfare of minors.

Making false statements, impersonating another person or committing fraud

- Intentionally or knowingly posting libelous or defamatory content;

- Posting false or inaccurate content with the intent to deceive others;

- attempting to make it appear that you are another user or person, misrepresenting your affiliation with any person or entity, or using another user's username with the intent to deceive others; in addition, the

- Committing fraud.

Infringements of intellectual property rights:

- Infringement of copyrights, trademark rights, patents or other property rights existing under applicable law.

- Misuse of our services for other illegal purposes

- Posting child pornography or any other content that violates any applicable law regarding child pornography;

- Posting or sharing obscene material that is unlawful under applicable law; and

- Use the Services in a manner inconsistent with applicable law.

Disruptive and unlawful misuse of facilities

- Posting or distributing content that contains viruses, malware, worms, Trojan horses, malicious code, or anything else that could damage our technical infrastructure, our system, or the technical infrastructure or system of our users;

- abusive or disruptive use of the Services and automated use of the Site not permitted by the OHO Community;

- Disruption of services due to an unreasonable load on a Project Website or the networks and servers connected to a Project Website;

- Interfering with the Services by flooding any of the Project Web Sites with communications or other traffic that does not indicate a serious intent to use the Project Web Site for its stated purpose;

- knowingly accessing, modifying or using non-public areas of our computer systems without prior permission;

- and further probing, scanning or testing the vulnerability of any of our technical systems or networks, unless all of the following conditions are met:

- The relevant actions do not improperly abuse or disrupt our technical systems or networks;

- the corresponding actions are not for personal benefit (apart from recognition for your work);

- You communicate any vulnerabilities to the MediaWiki developers (or fix them yourself); and

- They do not perform such actions with malicious or destructive intent.

Paid contributions without disclosure

Under these Terms of Use, deceptive acts, including, but not limited to, misrepresentation regarding affiliation, identity fraud, and fraud, are prohibited. As part of these obligations, you must disclose your employer, client, and affiliation with respect to all contributions for which you receive or expect to receive compensation. You must make this disclosure in at least one of the following ways:

- a statement on your user page,

- a statement on the discussion page accompanying paid contributions, or

- a statement in the editing summary that accompanies paid contributions.

Under applicable law or Community and Foundation policies and guidelines, such as those governing conflicts of interest, paid contributions may be further restricted or more detailed disclosures may be required.

An OHO e.V. project community may adopt an alternative paid contribution disclosure policy. If a project adopts an alternative disclosure policy, instead of following the requirements contained in this section, you may follow that policy when contributing to the project. We reserve the right to enforce the foregoing provisions in our sole discretion.

5. password security

Protecting your password is your responsibility and you should never share it with anyone.

6. brands

Even though you are granted considerable freedom with regard to the further use of content on the project websites, it is important that we as OHO e.V. protect our trademark rights in order to thereby protect our users from imitators who pursue fraudulent intentions. For this reason we would like to ask you to respect our trademark rights. All OHO e.V. trademarks are the property of OHO e.V. and any use of our trademarks, brands, service marks, logos or domain names must be in accordance with these Terms of Use and in accordance with our Trademark Policy.

7. licensing of content

To promote the expansion of free knowledge and culture as commons, all users who contribute to the projects must grant the general public broad permissions to redistribute and reuse their contributions, conditioned on such use respecting attribution rights and restoring the same freedoms with respect to the reuse and redistribution of derivative works. To maintain our goal of making free information available to the widest possible audience, we require that all submitted content be licensed, if necessary, to make it freely reusable by anyone who wishes to access it.

You agree to the following license terms:

Texts to which you hold the copyright: If you submit a text in which you hold the copyright, then you agree to publish it under the

<a https://creativecommons.org/licenses/by-sa/3.0/deed.de Creative Commons Attribution-ShareAlike 4.0 Unported and the http://www.gnu.org/copyleft/fdl.html GNU Free Documentation License (without version specification and without unmodifiable parts, title page or back page texts).

license. (Other users may use one or both of the licenses).


The only exception is if the project version or feature requires a different license. In that case, you agree to make any text you contribute subject to that particular license.
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Please note that these licenses allow commercial use of your contributions, provided that the respective use complies with the conditions.

Attribution: Attribution is an important part of these licenses. We consider this to be an acknowledgement of the work of authors such as yourself. When you contribute text, you agree to be credited in one of the following ways:

- By hyperlinking to the article (if possible) or providing the URL of the article to which you contributed (since each article has a version history listing all authors and editors);

- By hyperlink (if possible) or URL to another, stable online copy that is freely available, complies with the license, and provides attribution to the authors in a manner equivalent to that on the project web pages; or

- By a list of all authors (please note, however, that any list of authors can be filtered to remove very small or irrelevant contributions).

Importing texts: You may import texts found elsewhere or created by you in co-authorship with others, in which case you warrant that the texts are available under terms compatible with the CC-BY-SA 4.0 license (or, as set forth above, with another license if exceptionally required by the project version or feature) ("CC-BY-SA"). Content that is only available under the GFDL is not permitted.


If you import text under a CC-BY-SA license that requires attribution, you must credit the author(s) appropriately.

In cases where attribution is usually done by means of the version history (such as OHO e.V.-internal content import), it is sufficient to comply with the attribution requirement in the edit summary stored in the version history. The attribution requirements (regardless of the particular license) are sometimes too restrictive under certain conditions, and there may accordingly be cases where the OHO community decides that imported texts cannot be used for this reason.

Non-textual media: Non-textual media are available in the Projects under a variety of different licenses that further the overall goal of unrestricted reuse and redistribution. When you contribute non-textual media, you agree to act in accordance with the terms of such licenses, and furthermore to comply with the requirements of the specific Project version or feature to which you are contributing.

No Revocation of License: Except to the extent permitted by your chosen license, you agree that you will not unilaterally revoke or seek to invalidate any license granted by you under these Terms of Use for any textual or non-textual content that you have contributed to the OHO e.V. Projects or Features, even if you cease using our Services.

Public domain content: Public domain content is welcome! However, it is important that you verify that the content is in the public domain both under the laws of Germany and under the laws of other countries whose consideration the specific project version requires. If you contribute content that is in the public domain, you warrant that this material is indeed in the public domain and agree to mark it accordingly.

Reuse: We invite reuse of the content we make available, although there are exceptions for content contributed under the "fair use" doctrine or a similar copyright exception. Any act of re-use must comply with the terms of the underlying license(s).

If you reuse or redistribute a text page developed by the OHO community, you agree to credit the authors in one of the following ways:

- By hyperlinking to the page(s) (if possible) or providing the URL of the page(s) you are continuing to use (since each page has a version history listing all authors and editors);

- By hyperlink (if possible) or URL to another, stable online copy that is freely available, complies with the license, and provides attribution to the authors in a manner equivalent to that on the project web pages; or

- By a list of all authors (please note, however, that any list of authors can be filtered to remove very small or irrelevant contributions).

If the text content was imported from another source, there is a possibility that the content is licensed under a compatible CC-BY-SA license but not the GFDL (as described above under "Importing text"). In this case, you agree to abide by the license terms of the compatible CC-BY-SA license and acknowledge that you do not have the option to sublicense the content under the GFDL. To determine which license the content you wish to reuse or redistribute is subject to, you should check the footer of the page, the version history, and the discussion page for this information.

Furthermore, please note that text content that originates from an external source and has been imported into a project may be subject to a license that imposes additional attribution requirements. Users agree to clearly indicate any such additional attribution requirements. Depending on the project, such notices may be provided, for example, by means of a banner or other display method indicating that some or all of the content was originally published elsewhere. Where such visible notices exist, re-users should retain them.

With respect to all non-textual media, you agree to abide by a license under which the work was made available (this can be viewed by clicking on the work and consulting the licensing section on the resulting description page, or by accessing an appropriate source page for the work).

If you continue to use content provided by us, you agree to comply with the applicable attribution requirements to the extent provided in the underlying license or licenses.

Edits to or additions to reused material: If you make edits to or additions to textual content that you obtained from a Project website, you agree to license the edited or added content under CC-BY-SA 4.0 or a later version (or, as set forth above, under another license if exceptionally required by the specific Project version or feature).

If you make edits to or additions to non-textual content obtained from a project website, you agree to license the edited or added content in accordance with a license under which the work was made available.

With respect to both textual and non-textual content, you agree to clearly indicate that the original work has been modified. If you reuse textual content in a wiki, it is sufficient to indicate in the version history of the page that you have made a change to the imported text. With respect to any copy or modified version that you distribute, you agree to include a license notice stating which license governs the work and also including either a hyperlink or URL pointing to the license text or a copy of the license itself.

8. compliance with the DMCA

OHO e.V. wants to ensure that the content we provide can be used by other users without fear of liability or infringement of others' proprietary rights. In fairness to our users and other copyright holders, our policy is to respond to notifications of claimed infringement that meet the formal requirements of the <a https://de.wikipedia.org/wiki/Digital_Millennium_Copyright_Act Digital Millennium Copyright Act DMCA). Under the DMCA, we will, in appropriate circumstances, terminate users and account holders from our system and network who are repeat infringers.

However, we also recognize that not every takedown notice is valid or made in good faith. In such cases, we strongly encourage our users to submit a counter-notification if they reasonably believe that a DMCA takedown notice is invalid or unjustified. For more information about what you can do if you believe a DMCA takedown notice is unjustified, please visit http://www.chillingeffects.org/ Chilling Effects website.

If you are the rights holder of content that is used without authorization and without your permission on any of the project websites, you may request that such content be removed by invoking the DMCA. To make such a request to us, please notify us by sending an email to info@oho.wiki.

Alternatively, you may submit a request to the user community; this can often resolve copyright issues more quickly and effectively than under the DMCA process. To do this, you can leave a notice alerting them to your copyright concerns. Before filing a DMCA claim, you may also contact the community via the email address info@oho.wiki.

9. third party internet offers and resources

You are solely responsible for your use of third party Internet offerings and resources. Although the Projects contain links to third-party Internet offerings or resources, we do not endorse them and are not responsible or liable for their availability, accuracy, or for any content, products, or services associated with them (including, without limitation, any viruses or other undesirable features that may be present), nor are we under any obligation to monitor such third-party content.

10. management of internet offers

The community has the most important role in developing and enforcing rules for the different versions of the project. We at OHO e.V. rarely intervene in community decisions about rules and their enforcement. In exceptional cases, it may become necessary or be a request from the community for us to deal with a problematic user who is causing significant disruption to the project or who is exhibiting dangerous behavior. In such cases, we reserve the right, but are not obligated, to do so:

- investigate how you use the Services (a) to determine whether a violation of these Terms of Use, Project Version Policies, or other applicable law or policy has occurred, or (b) to comply with any applicable law, legal process, or reasonable request of any government;

- identify, prevent, or otherwise address fraudulent, security-related, or technical issues or respond to related user inquiries;

- Deny, disable or restrict access to the posts of any user who violates these Terms of Use;

- Revoke a user's permission to edit or post, or suspend a user's account or access rights due to actions that violate these Terms of Use, including repeated copyright violations;

Take legal action against users who violate these Terms of Use (including reporting them to law enforcement authorities); and

- manage the Project Web Sites in any other way that is appropriate to promote their proper functioning and to protect the rights, property, and safety of ourselves and our users, licensees, partners, and the public.

In the extraordinary event that someone's user account or access rights have been suspended under this provision, that person is prohibited from creating, using, or attempting to gain access to another user account on the same project without our express permission in the interest of our user community as well as the projects. Without limiting the Community's decision-making authority, OHO e.V. will not revoke any user's authorization to edit or post, or suspend any user's account or access rights, solely because the user expresses good faith criticism that does not result in actions that would otherwise constitute a violation of these Terms of Use or Community policies.

The OHO Community and its members may also take actions provided by Community or OHO e.V. policies applicable to the specific Project version, including but not limited to warning, investigating, suspending or excluding users who violate these rules. You agree to abide by the final decisions of dispute resolution bodies established by the Community for specific Project Versions (such as arbitration tribunals), which decisions may consist of, among other things, sanctions, the extent of which will be determined by the rules applicable to the specific Project Version.

Particularly problematic users whose user accounts or access rights have been blocked on different project versions may be excluded from all project versions. Other than decisions of the Board of Trustees or provisions of these Terms of Use, policies created by the community, whether they relate to a single project version or to multiple project versions, may be changed by the relevant community as it sees fit.

Suspension of a user account or access right or exclusion of a user under this provision shall be in accordance with Section 12 of these Terms of Use.

11. termination

Although we hope you will work on the Projects, you may stop using our Services at any time. Under certain (hopefully unlikely) circumstances, it may be necessary for either ourselves, the OHO community, or its members (as described in Section 10) to discontinue some or all of our Services, terminate these Terms of Use, suspend your user account or access rights, or expel you as a user. If your user account or access rights are suspended or otherwise discontinued, your Submissions will remain publicly available (subject to applicable policies) and, unless we notify you otherwise, you may access our public pages, provided that such access is limited to reading publicly available content. However, you may not be able to access your account or settings under these circumstances. We reserve the right to suspend or discontinue our services at any time, with or without cause and with or without notice. Even after your use and participation is suspended by debarment, suspension or other action, these Terms of Use will remain in effect with respect to the relevant provisions, including Sections 1, 3, 4, 6, 7, 9-14 and 16.

12. disputes and place of jurisdiction

We hope that no serious disagreement arises with you, but in the event of a dispute between you and us, we encourage you to seek resolution through dispute resolution procedures and mechanisms provided by the Projects and OHO e.V.. If you seek to bring an action against us, you agree to bring such action only in a court located in Berlin, Germany. You further agree that these Terms of Use and any legal claim that may arise between you and us shall be governed by the laws of Berlin, Germany (excluding its conflict of law rules). You agree to submit to the personal jurisdiction of the courts located in Berlin, Germany, for any legal action or proceeding involving us or these Terms of Use, and further agree that such courts are the proper venue.

13. disclaimer

At OHO e.V., we do our best to provide educational and informational content to a very broad audience; nevertheless, your use of our services is at your sole risk. We provide these services and we explicitly state that we disclaim all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your needs, be secure, be available without interruption, be timely, accurate or error-free, or that your information will be secure.

We are not responsible for any third party content, data or actions, and you release us, our managing directors, officers, employees and agents from any claims and damages, known or unknown, arising in any way out of or related to any claim you may have against any third party. Advice or information, whether oral or written, obtained by you from us or through or from our Services shall in no event create any warranty claim not expressly set forth in these Terms of Use.

Downloading and otherwise obtaining content by way of using our Services is at your own risk, and you will be solely liable for any damage to your computer system or loss of data that results from the downloading of such materials. You agree that we have no responsibility or liability for the deletion or failure to store or transmit any content or communications maintained by our Services. We reserve the right to restrict use and storage at any time in our sole discretion, with or without notice.

Some states or jurisdictions do not allow the types of disclaimers used in this section, so they may not apply to you in part or in whole, depending on the law.

14. limitation of liability

OHO e.V. shall not be liable to you or any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to lost profits, loss of goodwill or use, loss of data or other intangible damages, whether or not we have been advised of the possibility of such damages. In no event shall our total liability exceed one thousand United States dollars (USD 1000.00). In the event that applicable laws do not permit the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion of liability may not apply to you, although our liability shall be limited to the maximum extent permitted by applicable law.

Continued use of our services after the new Terms of Use come into effect - i.e., after the end of the announcement and revision period - constitutes agreement on your part to these Terms of Use. For the protection of OHO e.V. and other users such as yourself, you may not use our services if you do not agree to our Terms of Use.

15. other conditions

These Terms of Use in no way create an employment, agency, partnership or joint venture relationship between you and us, OHO e.V.. Unless you have entered into a separate agreement with us, these Terms of Use constitute the entire agreement between you and us. In the event of any conflict between these Terms of Use and any signed written agreement between you and us, the signed agreement will prevail.

You consent to us sending you communications via email, postal mail or messages on project websites.

If we fail to apply or enforce any provision of these Terms of Use under any circumstances, this will not constitute consent to waive that provision.

You understand that, unless otherwise assured by us in writing, you cannot expect any compensation for any activity, contribution or idea you provide to us, the Community, the OHO Projects or the Project Versions.

Notwithstanding anything to the contrary in these Terms of Use, we require you and us not to change the applicable terms and requirements of any of the free licenses used on the Projects or Project Versions for as long as the particular license is permitted under these Terms of Use.

These Terms of Use have been written in the German language. While we hope that translations of these Terms of Use are accurate, to the extent that there are differences in meaning between the original English version and any translation, the original German language version shall prevail.

If any provision or portion of a provision of these Terms of Use is held to be unlawful, void, or inapplicable, that provision or portion of a provision will be deemed separate from these Terms of Use and enforced to the maximum extent possible, and all other provisions of these Terms of Use will remain in full force and effect.

Thank you!

We thank you for taking the time to read these Terms of Use and are very pleased that you are contributing to the Projects and using our services. Through your contributions, you are helping to build something truly great - not only an important collection of collaboratively created reference works that provides educational content and information to millions of people who would otherwise sometimes be denied that access, but also a vibrant community with like-minded and dedicated participants, all committed to a very noble goal.

OPEN HARDWARE OBSERVATORY 2020
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