Terms of use

These terms of use (“Terms”) govern your relationship with the developer part of the XR4ALL web portal if you create an account with us. The developer part of the XR4ALL web portal will be referred to as the “Site” in the Terms. The Site and its administrator FONDATION B-COM (b<>com) are identified in the legal notice.

In order to create and use a developer account, you must agree to be bound by the Terms. Please read these Terms and Conditions carefully before using your developer account, as your access to the account is conditioned on your compliance with the Terms.

1. Definitions

As used throughout the Terms, in both singular and plural, the following terms have the following meaning:

  • GitLab Project: the Site is a code development platform divided into repositories where users can share User Content. Those repositories are called GitLab Projects and each is managed by one User (a Manager).
  • Manager: A User that manages a GitLab Project.
  • User: means anyone who has created a developer account on this Site.
  • User Content: means content (such as code, text, data, images, designs or other material), written or otherwise, created or uploaded by a User to the Site.
  • Visitor: means anyone who visits this Site, with or without a developer account.

2. Accounts & GitLab Projects

2.1. GitLab Projects

Having an account enables you to contribute User Content to any GitLab Project that you manage or where the Manager invited you to contribute.

Only b<>com may create a GitLab Project and set a User as Manager. The Manager decides freely which other Users (if any) can access and contribute to his GitLab Project. Each GitLab Project is private by default, i.e. accessible only to its Manager and the Users he invited, if any. But the Manager can decide at any time to make his GitLab Project and all User Content contributed to it public, i.e. accessible by any Site visitor.

b<>com employees (that are under confidentiality obligations) may access public and private GitLab Projects for support and security reasons, including verifying if the contents of the GitLab Projects are in violation of the law or these Terms, if we have reason to believe they are.

2.2. Accounts

2.2.1. Requirements

You must meet the following requirements in order to have an account on this Site:

  • You must be a human. Accounts registered by bots or other automated methods are prohibited.
  • You must be over 18 years old. Your account may be closed if we have reasons to suspect you are under 18. If you are a resident of a country were the minimum age to create such an account as this one is older than 18, you are responsible for complying with your country’s laws.
  • You must use a valid email address to create your account.
  • While you do not have to use your real name as a username if you do not wish to, you may not use a name that is not lawfully available for use, such as the name of another person or of a trademark, without appropriate authorization. However, please consider that your copyrightable contributions (such as code) to the Site will be linked to your username which, if it is not your real name, might make it harder for you to assert authorship.

2.2.2. Rules of use

The content of your account and its security depend on you:

  • You are responsible for your account’s security: you must safeguard the password that you use to access your account and refrain from disclosing it to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
  • You are responsible for all User Content posted and activity that occurs under your account, whether or not you are at the origin of it.

Finally, you may not use your account in violation of any applicable law, in particular intellectual property and export laws. You agree that you will only submit User Content you have the right to submit. You are solely responsible for the User Content you create or make available via this Site, and for any harm it may cause. Accordingly, any User Content you contribute to a GitLab Project or the rest of the Site must not (without limitation):

  • Be defamatory or fraudulent;
  • Contain malware or viruses;
  • Violate the privacy of a third party;
  • Infringe the proprietary rights of any party, in particular intellectual property rights such as copyright, patents, trademark and trade secrets.

While we do not pre-screen User Content, we may take down any unlawful User Content that comes to our attention and any User Content which violates the Terms.

2.2.3. Termination of account

We may terminate or suspend your account at any moment, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

You may terminate your account at any time by writing us at dev[at]xr4all.eu and we will delete it within one month. However, any User Content that you might have contributed to a GitLab Project will remain on the Site with your account username, and any GitLab Project that you managed will remain as well.

3. Intellectual Property & User Content

Copyright in the materials available on this Site may not be used, copied or imitated in whole or in part without the consent of their respective copyright holders. Copyrighted material includes both static and generated patterns of text, hypertext, programs and graphics.

3.1. User Content

You retain ownership for your User Content.

3.1.1. License grant on your User Content

If you upload User Content you did not create or own, you are responsible for ensuring that it is licensed under terms that grant the permissions listed below to other Users and b<>com, and that are compatible with the license of the GitLab Project you are contributing too (if any).

If you contribute to a GitLab Project that contains a notice of a license, you agree to license your User Content under the same terms.

3.1.1.1. License grant to b<>com

By creating or uploading any User Content on the Site, you grant b<>com the necessary rights to copy it in our databases in order to store and display it to you and to anyone who has access to the GitLab Projects where you upload your User Content.

3.1.1.2. License grant to other Users and visitors

By creating or uploading any User Content to a GitLab Project, you grant Users and visitors who have access to that GitLab Project a right to view your User Content. You may also grant further rights to them if you assigned a license to your User Content.

Please note that, as per article 3.1.1 above, if you contribute to a GitLab Project with notice of a license, that license will prevail over any license you may add to your contributions.

3.1.1.3. License grant to Managers

By creating or uploading any User Content in a GitLab Project, you grant the Manager of that Project the right to view your User Content and to make it public (by turning a private GitLab Project into a public one). You may also grant further rights if you assigned a license to your User Content or if the Manager of the GitLab Project did.

3.2. Managers’ obligations

As a Manager, if you invite third party Users to contribute to your GitLab Project, you have to respect their intellectual property rights. This means that if you did not choose an appropriate license for your GitLab Project or if you do not have a contractual agreement with them relating to the intellectual property of their contributions to your GitLab Project, you may not have the right to use their User Content without their prior authorization.

4. Privacy

b<>com’s handling of your personal data is described in our privacy policy.

While we strive to respect data protection laws, the aim of this Site is to promote collaborative innovation in the field of eXtended Reality through the sharing of code. Thus if you do not want to share your information, including personally identifiable information, with other Site Users and the public, please be thoughtful as to how you interact with the Site and your developer account, as some of the information you may provide through them can be or become public (for example, through code contributions or comments).

5. Disclaimer of warranty and limitation of liability

Your account and all the materials made available by b<>com on this Site are supplied “as is” and “as available”, without warranty of any kind, express, implied or statutory, including but not limited to any warranty for accuracy, merchantability, fitness for a particular purpose, non-infringement of third parties’ intellectual property rights. In no event will b<>com be liable for any indirect, incidental, special, consequential or punitive damages (including without limitation loss of profits, data or use), resulting from your use of an account, even if b<>com has been advised of the possibility of such damages.

b<>com does not warrant that your account will function uninterrupted, be secure or available at any particular time or location, nor that any errors or defects will be corrected, that the Site is free of viruses or other harmful components or that the results of using the Site and your account will meet your requirements. b<>com does not warrant will have the necessary intellectual property rights to use the programs developed on this Site by Users.

b<>com is not liable for the use which might be made of material on this Site or the defects of the material on this Site (such as computer viruses), as well as any lost revenues, harm or other consequential damage that may result from them.

6. Miscellaneous

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms and the privacy policy constitute the entire agreement between you and b<>com regarding your account, and supersede and replace any prior agreements.

b<>com may assign or delegate these Terms in whole or in part, to any person or entity at any time with or without your consent.

6.1. Change and end of Terms

b<>com reserves the right, at our sole discretion, to change these Terms at any time. We will provide notification to users of changes in the Terms through the website’s homepage or through your account’s email address, with a 30-days prior notice. By continuing to use your account after those changes become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using your account.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part of it) with or without notice. If we decide to discontinue permanently the entire Site, each User will be warned with a 60-days prior notice sent to the email address with which they registered their account.

All provisions of the Terms which, by their nature, should survive termination will survive termination, including, without limitation: ownership provisions, warranty disclaimers and limitations of liability.

This website has received funding from the European Union’s Horizon 2020 Research and Innovation Program under Grant Agreement Nº 825545.

Copyright © b<>com 2020