Terms and Conditions
By downloading and using code, digital media, instructions, scripts, audio, video and/or other content (collectively, "Projects" or "Products") from the web service at Metacommons.org ("Metacommons") from Metabeam Corporation ("Metabeam"), you ("You" or "User") are indicating your acceptance of the terms, conditions, and disclaimers set forth in this document and the documents incorporated by reference herein, (collectively, the "Agreement").GENERAL TERMS OF USE
The following terms and conditions are intended to apply specifically to use of the Metacommons.
Metacommons is provided to permit Users to upload and download Projects for commercial and non-commercial use integrated into fully executable, original programs and media applications embedded in optical discs, digital files and/or otherwise distributed to an audience. Metacommons is not provided for any use that distributes or displays the Projects in an indexed library or collection of similar content, nor any use that distributes or displays content or code from time to time for purposes of providing a central resource for others' use. The object of all Projects made available to download from Metacommons is to provide a starting point for Users who download the Project and modify its components for incorporation into an original or derivative work.
LICENSING
Any Project that is made available to download from Metacommons is the work of its contributors and modifiers. Your download and use of any Project is governed by the terms of the contributor's chosen license or licenses, which are described in the Project details and often included with each Project or attached to components within the Project ("License Agreement").
SERVICE FEES
Project subscription fees are set by the Project administrators. Project subscriptions may be available for free, one-time use, or ongoing service. If applicable, posted service fees are payable to Metabeam by the User in advance of entry to the Project download area. Proceeds support the research and development of the Project(s) being downloaded.
DISCLAIMER OF WARRANTIES
ANY PROJECT FOUND IN THE METACOMMONS IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE PROJECT OR ANY ELEMENT WITHIN THE PROJECT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROJECT IS WITH YOU. SHOULD ANY PROJECT PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT METABEAM AND/OR ITS AFFILIATES OR ANY OTHER MODIFIER OR CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS TERMS OF USE AGREEMENT. NO USE OF ANY PROJECT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL METABEAM AND/OR ITS AFFILIATES, ANY OTHER MODIFIER OR CONTRIBUTOR, OR ANY DISTRIBUTOR OF PROJECTS, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
TERMINATION
This Terms and Conditions of Use Agreement and the rights granted hereunder will terminate automatically if You fail to comply with any terms hereof and fail to cure such breach within 30 days of becoming aware of the breach.
INDEMNITY
As a condition of use of Metacommons, the User agrees to hold harmless, defend, and indemnify Metabeam and its affiliates, modifiers, and contributors from and against any and all liabilities, expenses (including attorneys' fees), and/or damages arising out of claims resulting from User's use of Metacommons, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions and the terms and conditions incorporated by reference herein.
NOTICES
All copyrights and trademarks are the property of their owners.
Metabeam reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Continued use of this Web site following any such changes shall constitute the User's acceptance of such changes.
This Agreement is governed by the federal laws of the United States and the laws of the State of California, USA. User consents to the exclusive jurisdiction and venue of courts in Los Angeles County, California, USA, in all disputes arising out of or relating to the use of this service. Use of this service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.