2. Limited Purpose of the Demo Services. The main objective of the Demo Services is to provide those who are considering using the Joomla content management system (the “Joomla CMS”) with a simple and reliable, but temporary, way to test its major features. By its nature, the Demo Site is a trial site; thus, although the Demo Site may permit you to store and keep track of content, including text, photos, music, video and documents (“Content”), the Demo Site is not intended to provide you with a permanent repository for such Content, even during the limited duration of a trial Demo Account (a “Demo Account”).
3. Conditions of Use.
3.1 User Representations & Warranties. You are solely responsible for ensuring, and you represent, warrant and covenant to OSM, that at all times you have adequate rights to use your Content in the manner in which you actually use them, and the manner in which you actually permit others to use them; thus, every time you upload, download, copy, store, display, retrieve, modify, perform, distribute, share or otherwise use any content in connection with the Demo Services, or authorize others to do any of those things, you represent, warrant and covenant to OSM that you have the right to do so. In addition, you represent, warrant and covenant to OSM that you will not use any aspect of the Demo Services, including (without limitation) the Demo Site, your Content, any content shared with you, or any other aspect of the Demo Services: (a) for any purpose which is illegal or otherwise violates applicable local, state, national or international laws or regulations; (b) in a way that infringes, misappropriates or otherwise violates the privacy, copyright, patent, trade secret, trademark or other rights of OSM or any third party; (c) for any spamming, chain letters or other use that may disrupt any component of the Demo Services or the networks through which you access and use the Demo Services; (d) in violation of any regulation, policy or procedure of any network through which you access and use the Demo Services; (e) to access or attempt to access any Demo Account for which you have no access authorization, or duplicate, modify, distribute or display any of the data or files from any such Demo Account; or (f) to store, retrieve, transmit or view any Content that contains any illegal images, materials or information, any harassing, libelous, abusive, threatening or harmful material of any kind or nature, any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, any code or material that violates the intellectual property rights of others, or any viruses, worms, "Trojan horses" or any other similar contaminating or destructive features. You agree not to access (or attempt to access) or permit or encourage any third party to access (or attempt to access) any Content or other aspect of the Demo Services by any means other than through a designated interface provided by OSM.
3.3 Access Resources. You are solely responsible for providing all equipment, services, connectivity and other resources necessary to access the Demo Services, including (without limitation) a compatible computer with access to the Internet and payment of all fees associated with such access. From time to time, without prior notice to you, the form and nature of the Demo Services may change as OSM implements innovations or other changes.
3.4 Limited Content License.
This license is needed, for example, because the Demo Site may need to make copies of Content, such as on mirrored or backup servers.
You retain any copyright and any other rights you already hold in Content which you create, submit, post or display on or through, the Demo Services. By creating, submitting, posting or displaying such content, you give OSM a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such content on or through, the Demo Services. The foregoing license is for the sole purpose of enabling OSM to provide or improve the Demo Services, such as by (without limitation): (a) creating backup copies of Content; (b) enabling file sharing; (c) transmitting Content over various public networks; and (d) making changes as necessary to conform and adapt Content to the technical requirements of connecting networks, devices or Demo Services. You confirm and warrant to OSM that you have all the rights, power and authority necessary to grant the above license.
5. Third Party Services. The Demo Services may include advertisements, links or other connections to third party websites and resources, including those which may offer fee-based products and services related to the Joomla CMS. You acknowledge and agree that OSM: (a) is not responsible for, and has no liability to you with respect to, the acts or omissions of such third parties, including (without limitation) any of the websites, products or services offered by those third parties; and (b) makes no representations or warranties concerning any of those third parties or their products or services.
6. Warranty Disclaimer; Limitation Of Liabilities.
6.1 OSM makes no promises as to the continued availability or the functionality of the demo services. Use of the demo services is at your sole risk. To the extent permitted by applicable law, the demo services are provided on an “as is” and “as available” basis, without any warranties.
6.2 to the extent permitted by applicable law, osm disclaims any and all promises, representations and warranties, express or implied, arising by law or otherwise, with respect to the demo services, including as to condition, the existence of any latent or patent defects, merchantability or fitness for any particular purpose, non-infringement, or any implied warranty of information content or system integration. Without limiting the generality of the foregoing, osm makes no promise, representation or warranty that: (a) access to the demo services will be timely, error-, virus- or interruption-free, or secure; (b) content will not be lost, damaged or otherwise corrupted; or (c) the data or files on your computer may not be affected.
6.3 OSM will not be liable for the cost of replacing content, nor for any failure or delay in performance of the demo services. To the extent permitted by applicable law, neither we nor any of our affiliates or vendors or subcontractors will be liable for any direct, indirect, incidental, special or consequential damages (including, but not limited to, any loss of files or data, profit, revenue or business interruption), or other loss arising from your use of the demo services or the loss of content.
6.4 You are not licensed to use the Demo Services in, or in conjunction with, any situation where failure or fault of any kind of the Demo Services could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). High Risk Use of the Demo Services is strictly prohibited. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the Federal Food, Drug, and Cosmetic Act. You agree not to use Demo Services in, or in connection with, any High Risk Use. Is this relevant in the context of the Demo Site?
7. Indemnification. You agree to defend, indemnify and hold harmless OSM, its subcontractors and any related companies, along with their respective officers, directors, agents and employees (the “OSM Indemnitees”), from any and all liabilities, claims and expenses, including (without limitation) reasonable legal fees, that arise from or relate to your use of the Demo Services, including (without limitation) breach of any condition of use or any violation, infringement or misappropriation of any third party right (intellectual property or otherwise). You are jointly liable for, and shall indemnify and hold the OSM Indemnitees harmless from, any and all liabilities, claims and expenses, including (without limitation) reasonable legal fees, that arise from or relate to use of the Demo Services by those persons to whom you have provided access to your account.
8. Term & Termination.
8.2 Destruction of Content.
9. Intellectual Property.
9.1 Reservation of Rights. Access to the Demo Services and the underlying Joomla CMS does not transfer to you any ownership of, or intellectual property rights in, the Demo Services or the Joomla CMS, except to the extent of those non-exclusive license rights offered by the then-current Joomla CMS license. Currently, the Joomla CMS is made available pursuant to an open source software license known as the GNU General Public License, version 2 (“GPL2”); you agree at all times to comply with the terms and conditions of GPL2 in connection with copying, distributing or modifying any version of the Joomla CMS. OSM reserves any and all rights not expressly granted herein. OSM® is a registered trademark of OSM and shall not be used without OSM’s express written authorization.
9.2 Rights in Feedback. You can provide feedback to OSM at any time, in which case you agree that OSM may use the feedback in any way that it desires in its sole discretion, including (without limitation) by incorporating any feedback into the Demo Services and in advertising or other marketing or promotions that may attribute such feedback to you.
11.6 Import/Export Laws. You represent and warrant that you are not prohibited by the U.S. government from participating in export or re-export transactions, or located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re- export any materials unless you have complied with all applicable U.S. and foreign government export controls and approvals. OSM makes no claim that content contained on the Demo Site is appropriate or may be downloaded outside the United States. If you access this website from outside the United States, you are responsible for compliance with the laws of your jurisdiction. The information on export laws provided herein is not necessarily complete. If you are in doubt or need more information on export laws, please refer to the United States Commerce Department Bureau of Export Administration at (202) 482-2440, or (202) 482-4811.