• Project Tunnel
LAST UPDATED: June 4, 2018
1. Legal Information
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Sites or via electronic www.swissclock.me mail. Your use of any of the Sites after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement. You must be at least 13 years of age to use any of the Sites. If you are at least 13 years of age, but under the age of 18, your parent or legal guardian, as applicable, must expressly consent to your use of the Sites.
2. Ownership; Proprietary Notices
© 2018 Deng Infotech Solutions Pvt. Ltd.. All Rights Reserved.
The Sites are the property of Project Tunnel.
Project Tunnel, the Project Tunnel logos and other Project Tunnel trademarks including “NEWS FOR NERDS, STUFF THAT MATTERS,” “PROJECTTUNNEL.COM,” the Projecttunnel.com logo, the Projecttunnel.com logo, service marks, and product are under Deng Infotech Solutions Pvt. Ltd. All other trademarks and/or service marks used in this Site are the trademarks and/or service marks of their respective owners.
The Sites are owned and operated by us in conjunction with others pursuant to contractual arrangements. Unauthorized use of the materials on the Sites may violate copyright, trademark, patent and other laws and is prohibited. You acknowledge that you do not acquire any ownership rights by using the Sites.
THE SITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED, PURCHASED OR OTHERWISE MADE AVAILABLE THROUGH THE SITES, ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROJECT TUNNEL. AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER PROJECT TUNNEL, ITS SUBSIDIARIES, AFFILIATES, SPONSORS, SUPPLIERS NOR AGENTS MAKES ANY REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITES OR THE SITE-RELATED SERVICES.
PROJECT TUNNEL AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITES OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF PROJECT TUNNEL OR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, REGISTERED USERS, OR VISITORS, WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITES AND ANY MATERIALS PROVIDED THROUGH THE SITES ARE ENTIRELY AT YOUR OWN RISK.
Because user authentication on the Internet is difficult, the Company cannot and does not confirm that users are who they claim to be. Because we do not and cannot be involved in user-to-user transactions or control the behavior of any Site’s users, in the event that you have a dispute with one or more Site users, you release Project Tunnel, and its subsidiaries, affiliates, agents and employees, from all claims, demands and damages of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. You acknowledge that there may be certain risks, including but not limited to the risk of physical harm and of dealing with strangers, underage persons or people acting under false pretenses, associated with pursuing relationships begun on the Internet. You assume all risks related to dealing with other users with whom you have had contact through the Site.
While Project Tunnel will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, Project Tunnel has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content (as herein defined) maintained or transmitted by any Site. Project Tunnel reserves the right to mark as “inactive” and archive accounts and/or Content that are inactive for an extended period of time. Project Tunnel reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described above.
Projecttunnel.com offers a web hosting service that permits project owner to share information among developers and end users (“Project Web”). Your use of the Project Web must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You agree that content you post to Project Web shall not contain or embed advertising. You agree that you will protect the privacy and legal rights of the end users of your Project Web application. You must provide legally adequate privacy notice and protection for end users and are responsible for the security of such information. If end users provide you with user names, passwords, or other login information or personally identifiable information, you must make the users aware that the information will be available to your application and to Project Tunnel. You agree that Project Tunnel has no responsibility or liability for the deletion or failure to store any Project Web content and other communications maintained or transmitted through use of the Project Web service. You further acknowledge that you are solely responsible for securing and backing up your applications and any Project Web content.
3. Limitation of Liability
NEITHER PROJECT TUNNEL NOR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITES, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES AND/OR CONTENT CONTAINED WITHIN THE SITES IS TO STOP USING THE SITES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITES.
The Sites may contain links to other web sites operated by third parties, other than affiliates of the Company (“Linked Sites”). We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on the Linked Sites. You acknowledge that when you click on a link to visit a Linked Site, a frame may appear that contains the Company logo, advertisements and/or other content selected by the Company. You acknowledge that the Company and its sponsors neither endorse nor are affiliated with the Linked Sites and are not responsible for any content that appears on the Linked Sites. You also acknowledge that the owner of the Linked Site neither endorses nor is affiliated with the Company and its sponsors. Once you choose to link to another website, you should read that website’s privacy statement before disclosing any personal information.
5. Void Where Prohibited; Indemnification
Although the Sites are accessible worldwide, not all products or services discussed, referenced or made available on the Sites are available to all persons or in all geographic locations or jurisdictions. We make no representation that materials in the Sites are appropriate or available for use in locations outside the India. Those who choose to access the Sites from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws if and to the extent local laws are applicable. The Company reserves the right to limit the availability of the Sites and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide. Use of the Sites is void where prohibited.
You agree to indemnify, defend and hold us, our affiliates, sponsors, officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Code of Conduct, and/or (c) your activities in connection with the Sites or Site-related services.
6. Code of Conduct
The Sites are owned and operated by Deng Infotech Solutions Pvt. Ltd. for the purpose of technology development, discussion, implementation and innovation (the “Purpose”). The Sites provide technology news, tools, products and education for the technical community.
All Code, information, data, ideas, text, software, music, sound, photographs, graphics, video, notes, messages, concepts, trademarks, service marks, or any other materials whatsoever (collectively, “Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not Project Tunnel, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the Sites. No user shall transmit Content or otherwise conduct or participate in any activities on the Sites that, in the judgment of Project Tunnel, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property. Project Tunnel reserves the right, in its sole and absolute discretion, to refuse or delete any Content at any time. Project Tunnel shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate this Agreement or be otherwise illegal or does not fulfill the Purpose. Project Tunnel, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by Project Tunnel to protect the rights, property, or personal safety of the Sites’ users and the public.
We do not require the users of our Sites to make use of the complete set of services we offer. To help ensure community access to Content, when users establish Content on our Sites but elect to instead release future Content through other external sites, Project Tunnel has the right (but not the obligation) to archive the original Content and make a new copy of the Content curated by Project Tunnel. The set of Content included in this curated copy is within the sole discretion of Project Tunnel, and may include updates and/or a subset and/or a superset of the Content posted by the user externally.
We do not control the Content posted to the Sites and, as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Project Tunnel be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Sites. Each user, by using the Sites, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
By sending or transmitting to us Content, or by posting such Content to any area of the Sites, you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to link to, reproduce, distribute (through multiple tiers), adapt, create derivative works of, publicly perform, publicly display, digitally perform or otherwise use such Content in any media now known or hereafter developed. You hereby grant the Company permission to display your logo, trademarks and company name on the Sites and in press and other public releases or filings. Further, by submitting Content to the Company, you acknowledge that you have the authority to grant such rights to the Company. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS AND SERVICE MARKS IN ANY CONTENT YOU SUBMIT.
Use, reproduction, modification, and other intellectual property rights to data stored on the Sites will be subject to licensing arrangements that may be approved by Project Tunnel as applicable to such Content. With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments and bug trackers (“Project Tunnel Public Content”), the submitting user retains ownership of such Project Tunnel Public Content; with respect to publicly-available statistical content which is generated by the sites to monitor and display content activity, such content is owned by Project Tunnel. In each such case, the submitting user grants Project Tunnel a royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license. With respect to Content posted to private areas of Projecttunnel.com (e.g., private development tools or mail), the submitting user may grant to Project Tunnel or other Projecttunnel.com users such rights and licenses as the submitting Projecttunnel.com user deems appropriate. Content located on any Project Tunnel-hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the appropriate license applicable to such Content, or to such other licensing arrangements as may be approved by Project Tunnel as applicable to such Content. For the purposes of these Terms, “Code” means any software code you submit, post, display or distribute via: any of our software configuration management (“SCM”) repositories (including, CVS, Subversion, Git, Bazaar and Mercurial) or Projecttunnel.com’s file release system, and “Associated Content” means any text, data, music, sound, photograph, graphic, video, message or material, whether publicly posted or privately transmitted via Projecttunnel.com, but does not include Code. “Projecttunnel Content” means any Code or Associated Content.
7. Projecttunnel.com Submissions/Content
When you submit, post, upload or otherwise provide Code to Projecttunnel.com, you must designate promptly the software license pursuant to which licensees, including Project Tunnel, obtain rights with respect to such Code. Except as otherwise expressly permitted by these Terms, any Code submitted to Projecttunnel.com must be licensed to Project Tunnel and other licensees under a license that is: compliant with the Open Source Initiative (“OSI”)’s Open Source Definition (http://www.opensource.org/docs/osd) or certified as an “OSI-Approved License” (http://opensource.org/licenses). Please note that Project Tunnel is not affiliated with the OSI.
Notwithstanding anything to the contrary in these Terms, once you have selected the OSI-Approved or compliant license applicable to your Code, Project Tunnel shall be a licensee of such Code under the applicable OSI-Approved or compliant license that you have chosen. You shall promptly notify us in writing if you do not have the right to grant Project Tunnel or any other user an OSI-Approved or compliant license to your Code. Until such time as you have selected the OSI-Approved or compliant license applicable to your Code, Project Tunnel shall be a licensee of such Code under the license terms applicable to Associated Content.
When you create or make available your Projecttunnel Content on Projecttunnel.com, you represent and warrant that:
By submitting Code to Projecttunnel.com, you certify that your Code is in compliance with the OSI-Approved or compliant license that you designate, and you hereby represent and warrant that you have all rights, licenses and consents necessary to grant Project Tunnel and other users the rights and licenses granted herein, and under the OSI-Approved or compliant license you designate, without infringement of any third party rights. In addition, the Code that you submit must also be made available in human-readable (i.e., “Source Code”) form. Whenever reasonably feasible, you agree that you will make Source Code available on or via Projecttunnel.com corresponding to Code that you post, submit, display or distribute. You must make Source Code available for all portions of Code that you have modified, enhanced or otherwise created derivative works from (with any such modification or derivative work being a “Change”).
Project Tunnel acknowledges that there may be situations where posting Source Code is not reasonably feasible; examples of such situations are when you are posting Code that: (a) is ancillary to other Code that you have changed but such Code is only available to you in binary or executable form (such as closed-source device drivers or closed-source software frameworks); (b) is otherwise readily available in Source Code form online as part of an Open Source distribution, and where you notify users that the Source Code for such distribution is available elsewhere on the Internet (and you also provide a link to that location); or (c) Project Tunnel agrees in writing does not need to be posted in Source Code form.
For users posting on Projecttunnel.com, you are aware that certain postings of open source encryption code are controlled under U.S. Export Control Classification Number (ECCN) 5D002, License Exemption TSU, which requires notice prior to export by email to the U.S. government. Submit the notification or copy to firstname.lastname@example.org and to email@example.com. You are responsible for submitting this email to the U.S. government and Section 740.13(e) of the Export Administration Regulations (“EAR”) 15 C.F.R. Parts 730-772. Note that products which use encryption solely for authentication are deemed 5×992 and the prior notification is not required. For more information see: https://www.bis.doc.gov/index.php/policy-guidance/encryption/registration#One.
8. Registration; Use of Secure Areas and Passwords
Some areas of the Sites may require you to register with us. When and if you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement with you and your current or future use of the Sites (or any portion thereof).
You will receive passwords and account designations upon completing certain Site registration processes and are wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring there under. You agree not to distribute, transfer or resell your use of or access to the any of the Sites to any third party. Project Tunnel cannot and will not be liable for any loss or damage arising from a user’s failure to comply, including any loss or damage arising from any user’s failure to: (1) immediately notify Project Tunnel of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORDS AND ACCOUNT DESIGNATIONS AND ARE SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
9. Claims of Copyright Infringement
Project Tunnel respects the intellectual property rights of others, and requires that the people who use the Sites do the same. It is our policy to respond promptly to claims of intellectual property misuse. Our procedures for responding to alleged copyright infringement are consistent with the form suggested by the United States Digital Millennium Copyright Act, the text of which can be found at the U.S. Copyright Office web site http://www.copyright.gov/legislation/dmca.pdf. Please note that you will be liable for damages (including costs and attorneys’ fees) if you make any material misrepresentations when making or countering a copyright infringement claim.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
DMCA Counter-Notification Procedure: After receiving a notification of alleged infringement, Project Tunnel will remove or disable access to the material claimed to be infringing or claimed to be the subject of infringing activity. At the same time, Project Tunnel will provide the project administrator(s) of the affected project or the provider of affected material with a copy of the notice. The administrator of an affected project or the provider of affected material may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please be advised that you may be held liable for damages if you make material misrepresentations pursuant to federal law in the counter notification. When we receive a counter notification, we may reinstate the material in question. To file a counter notification with us, the administrator of an affected site or the provider of affected material must provide a written communication (by postal mail, overnight mail, or, when digitally-signed, by email) that sets forth the items specified below. (A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.) To expedite our ability to process your counter notification, please use the following format (including section numbers):
a. Identify the material that Project Tunnel has removed or to which Project Tunnel has disabled access and the location at which the material appeared before it was removed or access to it was disabled.
b. Provide your name, postal address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in India, MP (if your address is outside of the India, for any judicial district in which Project Tunnel may be found), and that you will accept service of process from the person who provided the initial notification of infringement or an agent of such person.
c. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
d. Sign the paper or affix an electronic or digital signature to the communication in a form reasonably acceptable to Project Tunnel.
e. Send written communication to the following address:
Deng Infotech Solutions Pvt. Ltd. At our email-id firstname.lastname@example.org Attention: Vice President Business Affairs & General Counsel. f. Send electronically- or digitally-signed communication to email@example.com. Upon receipt of a counter notification in substantial compliance with the DMCA, Project Tunnel will provide the person who provided the initial notification of claimed infringement with a copy of the counter notification promptly. After receipt of the counter notification, Project Tunnel will generally replace the removed material and cease disabling access to it, unless Project Tunnel’s designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order regarding the removed material.
Project Tunnel is generally unable to evaluate the merits of trademark disputes because trademark rights may be based on registration or common law use, exist only for certain categories of goods or services and may differ internationally. Therefore, Project Tunnel expects you to resolve trademark disputes directly with the project administrator(s) rather than utilizing Project Tunnel as an intermediary.
This Agreement is entered into in the Country India and shall be governed by and construed in accordance with the laws of the India, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of India in the State of MP for any dispute arising under or in connection with this Agreement, the Site or any Site-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time. Project Tunnel reserves the right to share or transfer personal information and aggregate information to a third party should Project Tunnel ever file for bankruptcy or in the event of a sale, merger, transfer or acquisition of all or a material part of the Company. In addition, we may share your personal information with affiliated companies.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. This Agreement is not assignable, transferable or sub-licensable by you except with prior written consent. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The Company reserves the right in its sole discretion to terminate the use of the Site by a user at any time.
Please report any violations of the Terms (except for claims of intellectual property infringement) to the Site Director at firstname.lastname@example.org.
Project Tunnel may terminate a user’s account in Project Tunnel’s absolute discretion and for any reason. Project Tunnel is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of this Agreement; (2) abuse of Site resources or attempt to gain unauthorized entry to the Sites or Site resources; (3) use of a Site in a manner inconsistent with the Purpose; (4) a user’s request for such termination; or (4) as required by law, regulation, court or governing agency order. Project Tunnel’s termination of any user’s access to any or all Sites may be effected without notice and, on such termination, Project Tunnel may immediately deactivate or delete user’s account and/or bar any further access to such files. Project Tunnel shall not be liable to any user or other third party for any termination of that user’s access or account hereunder. In addition, a user’s request for termination will result in deactivation but not necessarily deletion of the account. Project Tunnel reserves the right to delete, or not delete, a user’s account at Project Tunnel’s sole discretion, as well as to delete, or not delete, Content at Project Tunnel’s sole discretion.
12. Legal Notices
Under India Civil Code Section, MP residents are entitled to the following specific consumer rights information: