Terms of Service
All users (local OSFest accounts, website visitors, and HyperGrid visitors) are subject to the following terms:
1. IP Rights and Conduct
All Intellectual Property (IP) rights are reserved to the creators. OSFest makes no claim of IP rights to content created by others while using OSFest. You assert when you upload content to OSFest's platform, or when you create new content on OSFest's platform, that you have IP license to your content. You grant OSFest irrevocable permission to store and distribute that content to other users on its platform per your assigned digital content permissions for the duration of OSFest. Upon closure of the grid per the schedule after OSFest concludes, the platform (grid services, regions, and all databases - including accounts, avatars, assets, and inventories) may be destroyed. No content or data associated with OSFest will be stored, retained, or otherwise accessible without expression permission from creators.
With registration or visitation, each user asserts they have IP license to content created, uploaded, or otherwise imported via their avatar on OSFest's platform. The use of so-called Copybot viewers or the promotion of copybotting is prohibited. We take IP infringement seriously and maintain strict adherence to the laws surrounding this.
Due to the short-term nature of the event, any content found to be copybotted or otherwise illegally copied may be immediately removed without warning. Users who perpetuate the use of copybotting or copybotted materials will also be removed. Formal take-down requests for future event reference are outlined in the Terms of Service Infringement Policy.
Reporting Suspected Copybot Content:
Any avatar can report IP violations and we encourage reports. To do so, send a report of content name, an image of the content, location in the grid (region/parcel with xyz coordinates), and evidence i.e. marketplace listing or creator assertion/contact info to the Festival Director via Discord or via email.
We don't know every online creator so we need your help but, we do investigate all reports and take appropriate action per these terms.
User conduct on the OSFest platform hosted by Infinite Metaverse Alliance® (IMA) are subject to the following OSFest rules
A. Treat everyone with respect. Absolutely no harassment, witch hunting, sexism, racism, or hate speech will be tolerated.
B. No spam or self-promotion (server invites, advertisements, etc) without permission from a staff member. This includes Direct Messaging (DMing) fellow members.
C. Not Safe For Work (NSFW) or obscene content are not allowed. This includes text, images, or links featuring nudity, sex, hard violence, or other graphically disturbing content.
D. If you see something against the rules or something that makes you feel unsafe, let staff know. We want this server to be a welcoming space!
IMA Code of Conduct
As a point of reference, for any and all associations with IMA, as a company and the individual members of the company and the partners of the company:
As contributors and maintainers of these member projects, we pledge to respect all people who contribute through reporting issues, posting feature requests, updating documentation, submitting pull requests or patches, and other activities. We are committed to making participation in these projects a harassment-free experience for everyone, regardless of level of experience, gender, gender identity and expression, sexual orientation, disability, personal appearance, body size, race, age, or religion.
Examples of unacceptable behavior by participants include the use of sexual language or imagery, derogatory comments or personal attacks, trolling, bullying, public or private harassment, insults, or other unprofessional conduct. At all times we will treat each other in a professional manner.
IMA has the right and responsibility to remove, edit, or reject comments, commits, code, wiki edits, issues, and other contributions to any documentation that members create that are not aligned to this Code of Conduct. Project maintainers who do not follow the Code of Conduct may be removed from the project team by a decision of the IMA Founders or Executive Board members.
Instances of abusive, harassing, bullying or otherwise unacceptable behavior may be reported by opening an issue or contacting one or more of the IMA Founders or Executive Board members. This Code of Conduct is adapted from the Contributor Covenant, version 1.0.0, available at http://contributor-covenant.org/version/1/0/0/. By participating in these projects you agree to abide by its terms.
By accessing the OSFest platform, and its websites and services, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, your access is prohibited. The materials contained within are protected by applicable copyright and trademark law.
3. Use License
Permission is granted to temporarily download the materials (information or software which includes digital content) on OSFest's platform, and its websites and services, for personal, transitory viewing. This is the grant of a license, not a transfer of title, and under this license, other than authorized sales, copy, or transfer of digital content during OSFest, you may not:
modify or copy the materials;
use the materials for any commercial purpose or for any public display (commercial or non-commercial) without express permission from OSFest or authorized IP license transactions during OSFest;
attempt to decompile or reverse engineer any software contained on OSFest's platform, websites, and services;
remove any copyright or other proprietary notations from the materials or circumvent digital content license permissions; or
transfer the materials to another person or "mirror" the materials on any other server except for purpose of standard backups of a system used for access.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by OSFest at any time. Upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on OSFest's platform, and its websites and services, are provided on an 'as is' basis. OSFest makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, OSFest does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its platform, and its websites and services, or otherwise relating to such materials or on any sites linked to this site.
In no event shall OSFest or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on OSFest's platform, and its websites and services, hosted, even if OSFest or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. Accuracy of Materials
The materials appearing on OSFest's platform, and its websites and services, could include technical, typographical, or photographic errors. OSFest does not warrant that any of the materials on its platform, and its websites and services, are accurate, complete or current. OSFest may make changes to OSFest materials contained on its platform, and its websites and services, at any time without notice. However, OSFest does not make any commitment to update the materials.
OSFest has not reviewed all of the sites linked to its platform, and its websites and services, and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by OSFest of the site. Use of any such linked platform, websites and services, is at the user's own risk.
OSFest may revise these terms of service for its platform, and its websites and services, at any time without notice. By using its platform, and its websites and services, you are agreeing to be bound by the then current version of these terms of service.
9. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Virginia, USA and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Your privacy is important to us. It is OSFest's policy to respect your privacy regarding any information we may collect from you across our platform, website, and other sites we own and operate.
We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we're collecting it and how it will be used.
We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we'll protect within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification.
We don't share any personally identifying information publicly or with third-parties, except when required to by law.
Our platform, and its websites and services, may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.
You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.
Your continued use of our platform, and its websites and services, will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.
If you are the intellectual property owner, and you believe that any content in OSFest infringes upon your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing:
(1) Your legal name and physical signature;
(2) Identification of the copyrighted work or works claimed to have been infringed;
(3) Identification of the material that is claimed to be infringing that copyrighted work or works, proof of creation of the copyrighted work or works, and information sufficient to permit us to locate that material on our platform, and its websites and services;
(4) Information to permit OSFest to contact you: your mailing address and telephone number;
(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Upon receipt of a compliant takedown notice, OSFest will immediately notify the alleged infringer who will have three business days to respond by either removing the material that is claimed to be infringing or by providing notice of counterclaim. OSFest will take the following safe harbor actions:
If a counterclaim is not filed within three business days, OSFest will honor the permanent take down notice.
If a counterclaim is filed within three business days, OSFest will notify both parties of the date of counterclaim and advise them to take appropriate legal remedy to settle the dispute. If a court order is subsequently received by OSFest regarding the infringement claim, appropriate action will be taken in accordance with law.
Please send the above notice or counterclaim via certified mail (We are notified electronically upon receipt.) to:
Infinite Metaverse Alliance
900 Commonwealth Place PMB 2027
Virginia Beach, VA 23464
These policies and terms of service are effective as of 1 July 2023.
Copyright © 2023 Lisa Laxton, all rights reserved.
Infinite Metaverse Alliance® is a registered U.S. Trademark.