Last Updated: April 9, 2024

The following terms and conditions (“Terms”) governs your access to and use of Tock OS (“Tock”, “we”, “us”, “our”)’s website, https://tockos.org/, as well as any other mobile website or communication channel connected thereto (collectively, the “Site”). These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Tock, concerning your access to and use of the Site.

1. Acceptance of the Terms

You agree that by accessing the Site, you have read, understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY. You may find a copy of our Privacy Policy [here].

2. Changes to the Terms

We may modify, amend, supplement, or otherwise change the Terms from time to time at our sole discretion. All changes will be effective as of the “Last Updated” date stated at the top of this page. Each time you access the website, you consent to be bound by the most recently modified version of the Terms.

3. Your use of the Site

3.1 User Submissions

You are responsible for all materials that you upload, post, email, transmit, or otherwise make available on our Site or peripheral project spaces like Slack or mailing lists (“User Content”), and you represent and warrant that you have all applicable rights to submit User Content. Tock will not be held liable for any claims that arise from User Content. These terms shall apply to your conduct in project spaces, but if those project spaces have their own terms, those terms shall govern and supersede in case of conflict.

You agree to follow the [Rust Code of Conduct] when submitting User Content or engaging in project spaces.

3.2 Intellectual property rights

Unless otherwise indicated, the Site is our proprietary property and all functionality, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us, licensed to us, or are used under applicable trademark nominative or fair use doctrines. The Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

The Content and Marks are provided on the Site “AS IS” for your information and personal use only. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

All software distributed by Tock (“Software”) is licensed upon the applicable open source license, unless otherwise specified.

3.3 Availability

We reserve the right to modify and change the Site in our sole discretion without notice. No guarantees are made with respect to the Site’s quality, stability, uptime, or reliability, and we will not be liable if for any reason all or any part of the Site is unavailable at any time for any period.

3.4 Restrictions

You agree not to use the Site or post to the Site in any way that violates any applicable federal, state, local, national, and international laws or regulations. We reserve the right to investigate complaints or reported violations of these Terms and to take any action as deemed appropriate by us, including referral to law enforcement or regulators for any illegal or unauthorized use of the Site, or terminating or blocking your access to the Site for any reason, with or without notice to you.

4. Warranty disclaimers

YOUR USE OF THE SITE IS AS YOUR OWN RISK. THE SITE, ITS CONTENT, AND ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TOCK NOR ANY PERSON ASSOCIATED WITH TOCK MAKES ANY WARRANTY OR REPRESENTATIONS WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER TOCK NOR ANYONE ASSOCIATED WITH TOCK REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TOCK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

5. Limitation of liability

YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NOT TO HOLD TOCK OR OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS, AFFILIATES, OR LICENSEES RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR REMEDIES OF ANY KIND ARISING FROM YOUR USE OF THE SITE, OR FROM A DELAY OR INABILITY TO ACCESS OR USE THE SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON THIRD PARTY INFORMATION, CONTENT, VIRUSES, ERRORS, LINKED SITES, AND SERVICES OBTAINED THROUGH THE SITE) INCLUDING BUT NOT LIMITED TO ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LOST PROFITS, LOST GOODWILL, LOST DATA, WASTE OF EXPENDITURES, COST OF SUBSTITUTE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE WERE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

6. Indemnification

You agree to defend, indemnify, reimburse, and hold harmless Tock as well as our members, directors, officers, employees, agents, advisors, subsidiaries, affiliates, assignors, and licensors from and against any and all claims, causes of action, actions or demands, liabilities, damages, losses, fines, penalties, settlements, and costs and expenses of any kind (including reasonable attorney’s fees), arising from or related to: (i) your unauthorized use of the Site or Software; (ii) your breach of any provision in these Terms; (iii) your breach of any of your representations or warranties made herein; or (iv) your violation of any law or rights of any third party. We will have the option to assume the exclusive defense and control of any action to which Tock is named a party and you agree to cooperate with us in asserting any available defenses we find appropriate.

7. Dispute resolution

YOU AGREE THAT ALL MATTERS AND DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS (“DISPUTES”) WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION, AND WILL BE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON, USA, EXCLUDING WASHINGTON’S CONFLICTS OF LAWS RULES.

The complaining party shall first attempt in good faith to resolve the Dispute by delivering written notice to the other party describing the facts and circumstances (with relevant documentation) of the Dispute, and allowing the receiving party thirty (30) days since the date of notice delivery to respond. If the Dispute is not resolved within thirty (30) days after the notice is delivered, the Dispute shall be resolved by arbitration by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of these Terms (“Rules”). The parties will mutually select one arbitrator, and the arbitration shall be conducted in King County, Washington, USA. The arbitration award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own lawyer’s and expert’s fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute. Either party may apply to any competent court for injunctive or other equitable relief necessary to protect its rights pending resolution of the arbitration.

8. General provisions

8.1 Waiver and severability

No waiver by us of any term of condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is deemed to be invalid, void, or otherwise unenforceable by any court or arbitrator of competent jurisdiction, for any reason, that provision will be limited or severed to the extent necessary so that the Terms will otherwise remain in full force and effect.

8.2 Assignments

You may not assign or transfer the Terms without our prior written consent. Any attempt by you to assign, transfer, delegate, or sublicense these Terms, or any part thereof, without such consent will be null and void. Tock may assign, transfer, delegate, or sublicense the Terms of any licenses and rights discussed herein, at our sole discretion, without restriction.

8.3 Governing law

These Terms will be governed by the laws of the State of Washington excluding Washington’s conflicts of law rules or principles. All disputes will be governed in accordance with Section 8.