TOS rewrite/clarification

[mailm]

The JUG team are working on clearer Terms of Service documents. Please comment on the proposals by 31August. The sections will be temporarily marked for clearer cross referencing


Rules for Submissions

There are some basic rules that all who submit their User Group must comply with to qualify for inclusion in the Registered JUG Directory. By submitting a User Group to the Joomla! User Group Directory, you agree to be bound by these rules.

Your continued use of the Joomla! User Group Directory constitutes your agreement to be bound by the rules at the time of listing or update.

1 - All listings must be relevant to the Joomla User Group
2 - Links must be to the site page that is most relevant to the Joomla User Group .
3 - Links must not result in redirection to an alternative URL.
4 - Sites and listing content must not imply in any way that inclusion in the Joomla! User Group constitutes endorsement by Joomla! or Open Source Matters.
5 - Sites and listing content must not contain content of an adult or sexually explicit nature, or illegal file sharing.
6 - Sites and listing content Sites must not contain content that is libelous, defamatory, fraudulent, misleading or that otherwise violates the legal rights of others (such as the right of privacy).
7 - Sites and listing content must not promote or engage in illegal activities, including (without limitation) infringement of any patent, copyright, trademark, trade secret or other proprietary right of any other party.
8 - A listing can only be submitted and listed in a single category. Multiple category listings will be removed.
9 - You must not violate or attempt to violate the security of the Joomla! User Groups Directory, interfere or attempt to interfere with the proper functioning of our Directory, servers or networks.
10 - Sites acting as umbrella sites must not describe themselves as nor offer registered Joomla User Group status.
11 - You must not post, upload, email, link to, or otherwise transmit any content that contains any viruses, harmful code, or other computer software or program that may damage or adversely affect the functionality of the Joomla! User Group Directory or impair others’ ability to use the Directory.
12 - You must not use the Joomla User Group Directory to send unsolicited emails (spamming) or scrape the directory for such purposes.
13 - Sites listed in the directory must display the Registered User Group logo and link back to their listing.
14 - Country/continent wide User Groups will only be accepted in special circumstances
15 - Where possible groups should be free to attend. User groups should only charge a nominal fee for membership where appropriate and be non-profit.
16 - Assignment to a specific category is at the discretion of the JUG team editors.

Descriptions
1. All content Joomla User Group descriptions must contain an English version.
2. The websites that are submitted can be the local language, we only require that information posted to the Joomla User Group Directory be in English. You can post duplicate description content in you local language.
3. Sites and Listings must comply with the current version of the Joomla! license and trademark policy.
4. You are solely responsible for all content submitted to the Joomla! User Group Directory.
5. All listed JUGS must ensure that their content is accurate and review or update their content at least bi-annually.
6. We reserve the right to remove any content that we believe is out of date.
7. Joomla! is centered on Open Source software and other Internet and computer matters. Listings, reviews and content must not be used to promote ideological, religious, or political matters.
8. Joomla User Groups content must comply with Open Source Matters trademark policies and cannot use the JOOMLA!® mark or logo in an unauthorised manner.
9. Advertising or self promotion, by creating unnecessary links to personal/business sites, shouldn't be part of a User Group.

Violations

1. Listings that violate one or more of the standards will not be considered for Registered Joomla User Groups or the directory.
2. Inclusion is at the sole discretion of the site editors and Open Source Matters.
3. The JUG team in its sole discretion can unpublish any listing without prior notice.
4. We also reserve the right, but not the obligation, to monitor the content of the Joomla! User Groups Directory to determine compliance with our rules. Any published listing that is found to be non compliant and /or in conflict with the rules, as determined by directory editors, and/or Open Source Matters in its sole discretion, will:
4a - Be immediately deactivated (unpublished).
4b -Owner may be informed of the reason and allowed 14 days to either rectify the problem or request removal from the directory.
4c - We reserve the right to permanently remove any listing that is still in non compliant and in conflict with the rules as determined in our sole discretion.
4d- If the editors attempt to contact the owners of a submission or listing and no reply is received in 14 days, the entry will be permanently removed from the Directory.
4e -Notification by another Working Group or Community Leadership Team may result in immediate unpublishing of an entry


General
Open Source Matters may offer different levels of participation and benefits related to the Directory. The JUG Team or Open Source Matters has the right, in its sole discretion, to set and revise rules concerning what benefits are offered to each level of participants. Open Source Matters and /or the Joomla User Group Team may modify these rules at any time without notice by posting revised rules.

[b-ronnow]

Hi

3. The JUG team in its sole discretion can unpublish any listing without prior notice.

Will there be an email sent if you do so?

I think the team has done a great Job

[jugmk]

A table of phrase definitions would be useful.

Example phrases:

'Umbrella sites'
'Illegal file sharing' (as defined by which state or law or more likely defined as not distributing files without owner permission and/or files of non-Joomla related nature)
'Computer matters'

[mandville]

Will there be an email sent if you do so?

I think thats covered in section 4/a/b/c/...

'Umbrella sites'
'Illegal file sharing' (as defined by which state or law or more likely defined as not distributing files without owner permission and/or files of non-Joomla related nature)
'Computer matters'

i think that means asite/group with other groups under its wings, assume it means the country the OSM/joomla laws apply in, computer matters looks like a general term in OSM/joomla tos clauses

[JacquesR]

The Joomla! project, at this present time, have three leadership teams: The Production Leadership Team (PTL), the Community Leadership Team (CLT), and the board of Open Source Matters (OSM).

Within the current structures, the Joomla! User Group (JUG) management falls under the responsibility and oversight of the CLT.

The reason these Terms of Service, for the JUG Directory, mentions Open Source Matters (OSM), is because OSM is the legal entity in the Joomla! project that manages the finances, trademarks, license and agreements.

Apart from being party to any legal agreement, Open Source Matters also has the resonsibility to protect the Trademarks of the Joomla! project, for the benefit of the Joomla! Community and JUGs.

OSM is at the moment reviewing the Trademark rules, and looking at ways to make it easier for JUG organizers to understand and adhere to those rules. (and some of those changes might also get reflected in the Terms of Serivice)

The changes that the JUG team proposes, to the Terms for the JUG Directory, have not yet been reviewed by Open Source Matters.

Jacques Rentzke
Trademark & License
Open Source Matters

[jwestley]

Hello,

Thanks for putting this together, much appreciated to the team!

Question:

Will each group need to re-submit to be a JUG after this is reviewed?

Comment:

I see the info saying: "Where possible groups should be free to attend. User groups should only charge a nominal fee for membership where appropriate and be non-profit."

I agree with that phrase, but I also think it is important for OSM and the CLT to understand how valuable it is for JUG's to raise funds to be able to pay for:

1. Hosting fees, ongoing component subscriptions, email services etc.
2. Market, plan and organize Joomla Days.
3. Promote Joomla in the local area and hold events that are professional in nature.

The volunteers of JUG's work very hard and may be the most important aspect to the success of Joomla long-term. So I think we need to carefully consider how funds are received and how they are spent, by JUG's. How the CLT monitors this I am not sure, but for our group we would be more than willing to be transparent in our funds, non-profit status and all else.

[mailm]

There are grants available via the events team for events such as Joomladays.
http://events.joomla.org/how-to-organiz ... a-day.html

There are also several developers who will donate extensions - mainly for discussion items . I believe joomlashine and techjoomla were the main developers to do this.
The main point on that charging scenario is to discourage groups who charge £20+ per meeting (aka commercial profit making).

[mailm]

With the exception of the reworded section below.
General
The JUG Team has the right, in its sole discretion, to set and revise rules concerning what benefits are offered to each level of participants. The Joomla User Group Team may modify these rules at any time without notice by posting revised rules.
Any trademark issues will be passed to OSM (Open Source Matters).

This list of clearer and clarified listing requirements will take effect as from 10th October and apply to all listings.

[mailm]

A full TOS is listed below [to be passed to clt for approval]
The Joomla! User Group Directory is a service provided for the Joomla! community. This terms and conditions page describes the terms upon which you may access and use the Directory. By using our Directory, you affirm that you have read and accept all of the following terms and conditions, which may be updated by us from time to time without notice.

Rules for Submissions

There are some basic rules that all who submit their User Group must comply with to qualify for inclusion in the Registered JUG Directory. By submitting a User Group to the Joomla! User Group Directory, you agree to be bound by these rules.

Your continued use of the Joomla! User Group Directory constitutes your agreement to be bound by the rules at the time of listing or update.

All listings must be relevant to the Joomla User Group
Links must be to the site page that is most relevant to the Joomla User Group . Links must not result in redirection to an alternative URL.
Sites and listing content must not imply in any way that inclusion in the Joomla! User Group constitutes endorsement by Joomla! or Open Source Matters.
Sites and listing content must not contain content of an adult or sexually explicit nature, or illegal file sharing.
Sites and listing content Sites must not contain content that is libelous, defamatory, fraudulent, misleading or that otherwise violates the legal rights of others (such as the right of privacy).
Sites and listing content must not promote or engage in illegal activities, including (without limitation) infringement of any patent, copyright, trademark, trade secret or other proprietary right of any other party.
A listing can only be submitted and listed in a single category. Multiple category listings will be removed.
You must not violate or attempt to violate the security of the Joomla! User Groups Directory, interfere or attempt to interfere with the proper functioning of our Directory, servers or networks.
Sites acting as umbrella sites must not describe themselves as nor offer registered Joomla User Group status.
You must not post, upload, email, link to, or otherwise transmit any content that contains any viruses, harmful code, or other computer software or program that may damage or adversely affect the functionality of the Joomla! User Group Directory or impair others’ ability to use the Directory.
You must not use the Joomla User Group Directory to send unsolicited emails (spamming) or scrape the directory for such purposes.
Sites listed in the directory must display the Registered User Group logo and link back to their listing.
Country/continent wide User Groups will only be accepted in special circumstances
Where possible groups should be free to attend. User groups should only charge a nominal fee for membership where appropriate and be non-profit.

All content Joomla User Group descriptions must contain an English version.
The websites that are submitted can be the local language, we only require that information posted to the Joomla User Group Directory be in English. You can post duplicate description content in you local language.

Sites and Listings must comply with the current version of the Joomla! license and trademark policy.
The JUG team in its sole discretion can unpublish any listing without prior notice.
Assignment to a specific category is at the discretion of the JUG team editors.
You are solely responsible for all content submitted to the Joomla! User Group Directory.
All listed JUGS must ensure that their content is accurate and review or update their content at least bi-annually.
We reserve the right to remove any content that we believe is out of date.

Joomla! is centered on Open Source software and other Internet and computer matters. Listings, reviews and content must not be used to promote ideological, religious, or political matters.
Joomla User Groups content must comply with Open Source Matters trademark policies and cannot use the JOOMLA!® mark or logo in an unauthorised manner.

Violations

Listings that violate one or more of the standards will not be considered for Registered Joomla User Groups or the directory. Inclusion is at the sole discretion of the site editors and Open Source Matters.

We also reserve the right, but not the obligation, to monitor the content of the Joomla! User Groups Directory to determine compliance with our rules. Any published listing that is found to be non compliant and /or in conflict with the rules, as determined by directory editors, and/or Open Source Matters in its sole discretion, will:
Be immediately deactivated (unpublished).
Owner may be informed of the reason and allowed 14 days to either rectify the problem or request removal from the directory.
We reserve the right to permanently remove any listing that is still in non compliant and in conflict with the rules as determined in our sole discretion.

If the editors attempt to contact the owners of a submission or listing and no reply is received in 14 days, the entry will be permanently removed from the Directory.

Notification by another Working Group or Community Leadership Team may result in immediate unpublishing of an entry

Advertising or self promotion, by creating unnecessary links to personal/business sites, shouldn't be part of a User Group.


Open Source Matters may offer different levels of participation and benefits related to the Directory. The JUG Team or Open Source Matters has the right, in its sole discretion, to set and revise rules concerning what benefits are offered to each level of participants. Open Source Matters may modify these rules at any time without notice by posting revised rules.


Ownership of Copyrights and Intellectual Property

You acknowledge that Open Source Matters or its content providers, own the copyright and all other intellectual property rights to the materials and reviews in the Directory unless otherwise expressly indicated. You agree not to copy, reproduce, download, disseminate, publish, or transfer content in any form or by any means, except with our prior written permission. You further agree not to collect any information from the Directory using automated means (e.g., spiders or scraping).
Submissions

By providing content for the Directory or a review, you grant Open Source Matters a worldwide, irrevocable, royalty-free, non-exclusive and limited license to reproduce, edit, publish, translate, and distribute in any medium whatsoever. You represent and warrant that: (a) you are the author of such content or review and have the right to grant this license; and (b) the content or review does not infringe any patent, copyright, trademark, trade secret or other proprietary right of any other party.


Privacy
Unless required by law, no personal information beyond that displayed from the Joomla! User Group members will be shared with third parties, unless this is the direct wish of said member. Open Source Matters will divulge any information collected from you when required to do so by law. In the event that Open Source Matters or substantially all of its assets are acquired, your information will of course be one of the transferred assets.

Disclaimers and Limitation of Liability
The User Group and reviews listed in this area have been submitted by the community and are for general informational purposes only. Their listing does not constitute or imply endorsement, recommendation, or favouring by Joomla!/OSM.

Because the User Groups and reviews are provided by others, Joomla!/Open Source Matters, the Joomla! Project and the directory team cannot be held liable for the accuracy of the information. Visitors wishing to verify that the information is correct should contact the parties responsible for creating the content of the User Group

The information on this web site is presented "AS IS" WITHOUT WARRANTY OF ANY KIND. OPEN SOURCE MATTERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL OPEN SOURCE MATTERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE OR LOSS OF USE, ARISING OUT OF YOUR USE THIS SITE, EVEN IF OPEN SOURCE MATTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. Accordingly, the above limitations may not apply to you.

We reserve the right at any time to modify, suspend or discontinue the Directory (or any part thereof) with or without notice, and we are not liable to you or any third party for any modification, suspension or interruption in services.

Governing Law
Any dispute with respect to our Site shall be governed by the laws of the State of Maryland, excluding its conflicts of laws rules. All visitors to our Site submit to the exclusive jurisdiction of the state and/or federal courts of the State of Maryland.