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	Terms of Service (TOS)

OmniSharp Inc. ("OMNISHARP") provides its websites and services to you subject to the following Terms of Service. You must read the Terms of Service carefully and accept the Agreement before using OMNISHARP websites and services. If you do not agree with all the terms and conditions, do not use OMNISHARP websites and services, as violation of the Terms of Service can lead to legal liability.

Acceptance

By using OMNISHARP websites and services (hereafter referred to as, "Sites" and "Services") you represent and warrant that you are at least 13 years of age and under all applicable laws in your jurisdiction you have the full right, authority, and capacity to enter into this Agreement, and you must agree, whether a Sites visitor ("Visitor") or registered at any of the Sites as a member ("Member), to all Terms of Service as stated below. OMNISHARP at its own discretion, as needed, may change or add to these Terms of Service. You must check and accept the Terms of Service periodically as they may change over time, and you must agree that you are bound by such changes. Your continued use of the Sites and Services after the effective date of such changes indicates your acceptance of the amendments of the Terms of Service Agreement. In addition, when use a particular OMNISHARP website or service, you must agree to and accept all posted guidelines, Code of Conduct and rules applicable to such website or service.

Use of Sites and Services

OMNISHARP provides you access to its Sites and Services on an "AS IS" basis and makes no representations or warranties of any kind, express or implied with respect to its Sites or Services. In using the Sites and Services you may submit, upload, post, display, contribute, transmit, otherwise make available on the Sites or publish (collectively, "Publish") information, text, graphics, sounds, messages, photos, music, video, links, software, data, profiles and content (collectively, "Content"). You understand and agree that when you Publish privately or publicly any Content via the Services, you are solely and entirely responsible for such Content and its origination. You understand that OMNISHARP does not monitor or control and is not responsible for the Content Published via the Services. Furthermore, OMNISHARP does not guarantee the accuracy, completeness, quality, authenticity or integrity of such Content, and hereby you acknowledge that by using OMNISHARP Sites and Services you may be exposed to Content that is offensive, indecent, misleading, inaccurate, objectionable or otherwise inappropriate. Under no circumstances shall OMNISHARP be liable in any way for any Published Content or for any loss or damage of any kind incurred as a result of the use of any Published Content on the OMNISHARP Sites. Furthermore, OMNISHARP assumes no responsibility for failure to store any Member's created Content, communication or personalization settings, or for any Content errors, omissions, deletion or loss. You, whether Visitor or Member, agree not to use the Sites and Services in any way that is unlawful, or harms OMNISHARP, its Members, Visitors, Content and service providers, as determined by OMNISHARP in its sole discretion. You also agree not to use, copy, disseminate, distribute or resell the Sites or Services for any commercial use or purpose whatsoever without our prior written consent. OMNISHARP may advice you about certain known harmful uses and actions in the Code of Conduct section or through other notices made available on the Sites, but has no obligation to do so. It is your responsibility to abide by the Terms of Service Agreement, all applicable laws in your jurisdiction, follow the Code of Conduct, all posted rules and notices, and use common sense and decency whenever and wherever you are using OMNISHARP Sites and Services. The Sites may offer access to certain features or services, including but not limited to membership sign-up, software downloads, access to database searches, application wizards, and RSS feeds that may require you to sign up or open an account. In such cases you may be required to provide personal information (see our Privacy Policy) and set up a user name and password. You agree that you are entirely responsible for maintaining the confidentiality of your account information and password and for all activities that occur under your account or password. You also agree not to sell, transfer or assign your account, membership or any membership rights. OMNISHARP cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Any computer software, which may be downloaded or is otherwise available from the Sites, is licensed and subject to the terms of its associated license agreement only, unless expressly stated otherwise.

Content Publishing and Ownership

OMNISHARP provides you with Internet self publishing platform, namely the Sites and Services, and hereby you understand and acknowledge that OMNISHARP does not monitor, pre-screen, control, approve or claim ownership, and is not responsible of any Content you or third parties Publish or make available on the Sites. However, if you Publish any Content on the Sites you agree unconditionally to grant OMNISHARP a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, modify, reproduce, adapt, publish, translate, create derivative works from, distribute, and exercise all copyright and publicity rights with respect to any such work worldwide. Furthermore, you warrant and represent that you are either the original author of the Content or you own, have license to, or otherwise control all of the rights to Publish or make available such Content for all the purposes specified above. In addition, you warrant that such Content is not defamatory and does not infringe any law in any jurisdiction. If you do not agree to above Terms you should not Publish any Content on the Sites. You further agree to indemnify OMNISHARP against all legal fees, damages and other expenses that may be incurred by OMNISHARP as a result of your breach of the above Terms. OMNISHARP shall have the right, but not the obligation, in its sole discretion and for any reason to refuse, remove or delete any Content that violates the TOS or is inconsistent with its letter or spirit.

Copyright, Trademarks, and Other Proprietary Rights Policy
You agree not to Publish on OMNISHARP Sites any copyrighted Content, trademarks or other proprietary information if you do not have the legal authorization of the owner(s) of the proprietary rights of such copyrighted Content or other intellectual property. The Digital Millennium Copyright Act (DMCA) limits the liability of service providers whose users are infringing upon the copyright of others and defines the reporting procedures of such infringement. It is the policy of OMNISHARP to comply with the DMCA and respond to notices of alleged copyright, trademark or other intellectual property infringement. If you believe that someone is infringing upon your trademark(s), copyright or other proprietary rights by using OMNISHARP Sites and Services we ask you to provide us via mail (not e-mail or fax) with the following:

1. Description of the copyrighted Content, trademark(s) or other intellectual property that you claim has been infringed;

2. Description of where exactly the allegedly infringing material is located on the OMNISHARP Site(s);

3. A signed by you statement that you in good faith believe that the material for which you make the claim is not authorized for use in such a manner;

4. A statement by you, made under penalty of perjury, that information given is correct and that you are the intellectual property owner or authorized person to act on behalf of the intellectual property owner's behalf;

5. Your name, physical address, telephone number, and e-mail address;

6. Physical signature of the person authorized to act on behalf of the owner of the intellectual property for which the claim for infringement is being made.

Any notification of copyright or other intellectual property infringement found on OMNISHARP Sites should be addressed to: copyright@omnisharp.com

Links to Third Party Sites

The Sites may contain links to other sites that we do not own or control. OMNISHARP makes no representations, warranties or endorsements with respect to any non-OMNISHARP site that may be accessed from the Sites. The third party links are provided for your information and use however, their presence on our Sites does not mean that we endorse their product, service or their presentation - in other words, we do not take any responsibility for what they do or do not do, sell or do not sell, say or do not say.

Links to OMNISHARP Sites

OMNISHARP grants to third parties a limited, non-exclusive right to create hypertext links to the Sites provided that the linked third parties pages do not represent OMNISHARP Sites and Services in a false, misleading, derogatory or otherwise defamatory manner and do not imply any commercial sponsorship, endorsement or affiliation without express written consent by OMNISHARP. This limited linking right may be revoked by OMNISHARP at any time with or without notice. Linking third parties may not modify or alter the appearance or Content of the home page or Sites, nor use framing techniques to enclose any OMNISHARP Sites, trademarks, logos or other proprietary information, including the images found at the Sites, the Members' content of any text, layout and design of any page or form contained on a page without OMNISHARP's express written consent. To obtain consent, please email your request to Contact Us at info@omnisharp.com

Dealings and Transactions

OMNISHARP shall not be responsible or liable for your business or non-business interactions with any advertisers, organizations or individuals found on or through the Sites and Services. This includes but is not limited to; (a) any dealings with advertisers that involve payment and delivery of any goods or services, (b) any dealings with organizations or individuals that involve financial transactions, or in-kind transactions related to offered or requested aid, advice, or opinion, (c) any terms, representations and conditions that may come out or are associated with such dealings and transactions. You understand and agree that such dealings and transactions are between you and them and under no circumstances you shall hold OMNISHARP responsible or liable for any loss or damage of any sort that may be incurred as a result of your dealings and transactions. You also understand and agree that OMNISHARP is under no obligation to become involved in any disputes arising from such dealings and transactions, and you agree to release OMNISHARP from claims for damages and demands of any kind arising out of such disputes.

Code of Conduct

You must be aware that any Content you Publish on OmniSharp Sites, excluding the private messages that are viewable only by the designated addressee, is publicly accessible on the Internet and can be seen by all OmniSharp Visitors and Members, therefore it is up to you to decide what Content to Publish and what not to Publish.

By using the Sites and Services, you understand and acknowledge that you bear the sole responsibility for any Content you Publish on the Sites, and specifically you agree NOT to Publish Content that:

1. is illegal, threatening, harmful, abusive, sexually explicit, defamatory, harassing, invasive of another person's privacy, or otherwise objectionable;

2. is racially, ethnically, religiously, or sexually offensive, or that promotes hatred;

3. is false, misleading, manipulative, misinformative, or is intended to involve Members into activity aimed at harming a third party;

4. that exploits persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

5. contains other person's private data, like e-mail addresses, telephone numbers, postal addresses, etc. without his or her prior written consent;

6. is a form of "spam", "referral marketing", "affiliate schemes", "junk mail", "chain letters", or similar online activities;

7. contains viruses, spyware, adware, or any other malicious code that could harm, destroy or interrupt the proper functioning of software programs, hardware or telecommunications equipment;

8. infringes copyrights, trade marks, patents or other proprietary rights of OMNISHARP or third parties;

9. encourages breaking any applicable local, state, national or international law or regulation;

10. represents unsolicited commercial activity or an attempt to use the OMNISHARP Sites and Services to promote or advertise goods and services;

11. impersonates any other person or entity or falsely states your involvement in an organization, cause or campaign;

12. is aimed at interrupting the normal flow of communication by flaming (sending harsh messages that abuse another participant in order to provoke his or her negative reaction), flooding (posting messages one after the other, thus making it difficult to answer), trolling (intentional posting of derogatory or inflammatory messages aimed at triggering a response from other participants) or baiting (offering unrealistic or nonexistent bargains to get somebody for entering into another deal or agreement) other participants.

Should any Content be found or Member behavior reported to be in violation with, but not limited to the above Code of Conduct, it will be OMNISHARP's sole discretion as to what action should be taken.

Note About Children

The Services, Sites and their Content have NOT been designed for use by minors and anyone under age of 13 is NOT permitted to use the OMNISHARP Sites, or Publish any personal information via the Services.

Termination of Use

You agree that OMNISHARP, in its sole discretion, with or without notice, may terminate and ban, or suspend your access to the Sites and Services, your membership, your account(s), and remove and discard any of your Content within the Services at any time, with or without cause and for any reason including but not limited to the cases where you violated the Terms of Service Agreement including the Code of Conduct, or where in OMNISHARP's belief, you acted inconsistently with the letter or spirit of the Terms. You understand and agree that such termination or suspension may lead to a lost of any Content you have Published on the Sites. Further, you agree that OMNISHARP shall not be liable to you or any third-party for any termination or suspension of the Services.

Disclaimer of Warranties

The Sites, their Content and Services are provided on an "AS IS", "WITH ALL FAULTS", and "AS AVAILABLE" basis. Your use of the Sites, their Content and Services are at your own discretion and sole risk. All the information and content published by OMNISHARP and all Sites features and services are subject to change without notice. OMNISHARP expressly disclaims all warranties of any kind, whether expressed or implied, including without limitation of any warranty of merchantability, fitness for particular purpose and non-infringement. OMNISHARP does not represent or warrant that: (1) the Sites, their features, Content, Services, software, and third party products and services purchased OR OTHERWISE OBTAINED through the Sites, will meet your expectation or requirements, (2) the access to the Sites and their features, Content, and Services will be uninterrupted, secure and error-free, (3) the information or results obtained from the use of the Sites and their Content and Services will be accurate, comprehensive, or reliable. By using the Sites, you assume total responsibilities for your use of their Content, Services, software, and third party products and services purchased OR OTHERWISE OBTAINED through the Sites.

Limitation of Liability and Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OMNISHARP OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS AND PERSONAL INFORMATION, OR ANY OTHER PECUNIARY LOSS) AND HOWEVER CAUSED OR ON ANY THEORY OF LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SITES, THEIR CONTENT, SERVICES, SOFTWARE, AND THIRD PARTY PRODUCTS AND SERIVICES, EVEN IF OMNISHARP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO NOT HOLD OMNISHARP LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR PARTICIPATION IN THIRD PARTY SERVICES. IF YOU ARE DISSATISFIED WITH THE USE OF THE SITES, THEIR CONTENT AND SERVICES OR YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF USE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES, THEIR CONTENT AND SERVICES. YOU ALSO SPECIFICALLY AGREE NOT TO SEEK ANY PUNITIVE OR EXEMPLARY DAMAGES.

Indemnity

You agree to indemnify and to hold harmless OMNISHARP, specifically its officers, directors, employees, representatives, agents, subsidiaries, affiliates, and partners from and against any and all claims, causes or action, losses, damages, suits and liabilities of every kind whatsoever, including all expenses of litigation, court costs and attorneys' fees (including, but not limited to, all expenses of litigation and attorneys' fees incurred by the OMNISHARP in enforcing the provisions of this Agreement), arising out of or from, incident to, or resulting from the use of the OMNISHARP Sites, and Services or any transaction related thereto. OMNISHARP, in its sole discretion, shall select counsel to defend any action pursuant to this Agreement.

No Agency Relationship

You agree that there is no Agency, Partnership, Employer-Employee, Franchisor-Franchisee or any Joint-Venture relationship between OmniSharp and you as a user (Visitor or Member) of the OmniSharp Sites and Services for any purpose whatsoever.

International Use

OmniSharp offers Sites and Services that are part of the Internet - a global electronic network. By using the Sites and Services, whether a U.S. resident or not, you agree to comply with all international and local laws, statures, ordinances, regulations and rules regarding online conduct and acceptable Content. You specifically agree to comply with all applicable laws regarding the transmission of technical data, including software, exported from the United States or the country in which you reside.

Miscellaneous

If any part or provision of Terms of Service is found to be unenforceable or void, the remainder shall be valid and enforceable. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages shall remain in effect. The Terms of Service shall be construed under the laws of the State of Massachusetts, U.S.A.. You have specific legal rights under this document, and may have other rights that vary from state to state and country to country.

How to Contact OmniSharp

Should you have questions or concerns about the Terms of Service (TOS), please contact us at: info@omnisharp.com