Terms of Use

(Last Updated July 26, 2008)

(Effective Date July 26, 2008)

Welcome to Software Development (SD) Practitioner Group, a group of people promoting the use of one or more modeling principles of practice generalization in developing free SD practice materials, procedures, tools, trainings, and/or metrics. It is a place where it connects you with Editors, Initiators, Contributors, and Acceptors of free SD practice materials, procedures, tools, trainings, and/or metrics to learn, interact, share, and make things better for society, organization, customer, and people in creating common education. By accessing or using this forum at http://www.daniloalsonado.com/sdforum, it signifies that you have read, understood, and agreed to be bound by these "Terms of Use."

1. Definitions

1.1. The owner of Quoth strives to provide a good Service to the user.
1.2. The Service is defined as a means making Quoth, Connecting Practice, and Practitioner Group available to the User.
1.3. The User is defined as the editor, initiator, contributor, or acceptor of the Service.
1.4. The Content is defined as text, data, information, code, software, photograph, graphic, music, video, report, message, or material you submit, upload, post, share, or make available on or through the Service.

2. Modification or Revisions of the Terms of Use

2.1. You understand and agree that the owner of Quoth reserves the right, at his sole discretion, to change, modify, add, or delete portions of these "Terms of Use" at any time without further notice and liability to you or any other person, and you understand and agree to be bound by such modifications or revisions.
2.2. Although the owner may attempt to notify you by email when major changes are made to these “Terms of Use,” you should periodically check the Service to determine if there have been changes to these "Terms of Use" and to review such changes.
2.3. If you do not accept and abide the changes in these “Terms of Use,” you may not use the Service.

3. Description of Service

3.1. The Service is provided to you on an AS IS and AS AVAILABLE.
3.2. The Service can be employed only with an aim envisaged for promoting the use of one or more modeling principles of practice generalization to develop free practice materials, procedures, tools, trainings, and/or metrics.
3.3. You must be at least thirteen (13) years of age to use the Service.
3.4. The owner of Quoth reserves the right to refuse Service to anyone at any time without notice for any reason.

4. Registration

4.1. You understand and agree that by default as you register, you are initiator and/or acceptor of free SD practice materials, procedures, tools, trainings, and/or metrics - the initiator and/or acceptor type User needed no confirmation process.
4.2. You also understand and agree that you can register as a Connecting Practice (SD) Editor, Contributor, or Supporter type User and be proud for your contributions. An Editor type User is a person responsible for creating, organizing, and managing Content of Connecting Practice (SD) blog. The Editor type User must have a good knowledge around a chosen topic; could use one or more modeling principles of practice generalization to write, identify, promote, and/or share a running log of free SD practice materials, procedures, tools, trainings, and/or metrics; and could express point of view around a chosen topic; while a Contributor type User is a person who helps makes significant contributions to a particular Connecting Practice blog. The Contributor type User could provide, submit, upload, post, share, or make available any Content or links to related articles s/he read about around a chosen topic; and a Supporter type User is a person who supports, promotes, advocates, or contributes to the fulfillment of the furtherance of the Service. The Supporter type User provides testimonials, story of accomplishments, suggestions for improvements, questions, concerns, and/or general comments describing how s/he uses free SD practice materials, procedures, tools, trainings, and metrics. We advise that you send the owner of Connecting Practice your extra information (full name, role to play (Editor, Contributor, or Supporter type User), subject matter of Content, and URL of your web site (optional)) as sign of your intent at danilo.alsonado@yahoo.com.ph. The owner of Connecting Practice will evaluate your application for acceptance (or rejection) upon receipt of your extra information.
4.3. If the owner of Connecting Practice accepts your application, he will send a notification e-mail to you accepting your application. This includes allowing the administrator to develop and activate your accounts and change your forum member group to Editor or Contributor type User. Otherwise, a notification e-mail will be sent informing you that you are rejected and NOT eligible to be a Connecting Practice Editor or Contributor type User.
4.4. The Editor's accounts comprise of Connecting Practice data access information and its associated Practitioner Group, Google Adsense (to receive a portion of the proceeds from the ads), Google Analytics, and other tools data access information, while the Contributor's accounts comprise of Connecting Practice data access information and Google Analytics.
4.5. With an Editor's Accounts, the agreement shall be entered into for an indefinite period.

5. Advertisements for Editors

5.1. You understand and agree that 17 ads are placed by the owner of Quoth appropriately on your accounts. However, the resulting generated revenue of 5 (randomly selected) of these 17 ads will go to the Service programs and improvements.
5.2. You also understand and agree that you will be responsible for financial administration and any tax return of income with the ads placed in your accounts.

6. Proper Use for Editors and Contributors

6.1. The owner of Quoth bears the cost of the Service. You understand and agree that you will incur all the cost of managing your accounts.
6.2. You also understand and agree that you will provide at least once every week, if not daily, a new posting.
6.3. You will be responsible for any reactions that your visitors can comment on the Content submitted, uploaded, posted, shared, or made available by you on the Service. You may shorten or remove these comments if you see the conditions necessary.
6.4. You will not include ads in your postings that could affect ads on the Service.
6.5. You will not use the Service for adopting a false identity.

7. Proper Use for All Type Users

7.1. You understand and agree that you will not submit, upload, post, share, or make available any false, inaccurate, fraudulent, or otherwise inappropriate Content, or in some cases, postings that have been mislabeled or are otherwise deceptive.
7.2. You also understand and agree that you will not submit, upload, post, share, or make available any photographs, videos or other Content other than original works that are created by you or your friends, unless you have consent from the owner of the Content.
7.3. You will not submit, upload, post, share, or make available any Content that does violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person unless you own the rights, have sufficient rights, or have consent from the owner of the Content.
7.4. You will not submit, upload, post, share, or make available any Content which is lewd, lascivious, libelous or slanderous, does advocate the violent overthrow of any government, does incite, encourage or threaten immediate physical harm against another, and/or does violate any applicable law, regulation, or rule.
7.5. You will not submit, upload, post, share, or make publicly available any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
7.6. You will not submit, upload, post, share, or make available any Content which is adult material, obscene, sexually oriented, pornographic, sexually explicit, or ethically reprehensible Content.
7.7. You will not submit, upload, post, share, or make available any Content which is vulgar, inflammatory, profane, infringing, illegal, unlawful, invasive of a person's privacy, or otherwise in violation of any local, state, national, or international law, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.
7.8. You will not submit, upload, post, share, or make available any Content that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does violate any law concerning child pornography or otherwise intended to protect not the health and wellbeing of minors.
7.9. You will not submit, upload, post, share, or make available any Content that, in the sole judgment of a company, is objectionable or which restricts or inhibits any other person from using or enjoying the Content, or which may expose the company or its Users to any harm or liability of any type.
7.10. You will not submit, upload, post, share, or make available any Content that evokes illegal practices.
7.11. You will not use the Service for transmitting Internet traffic.
7.12. You will not submit, upload, post, share, or make available any Content that violates the intellectual property rights of your employer. You have either received permission first from your employer to make available Your Content, or secured from your employer a waiver as to all rights in or to Your Content.
7.13. You will not disseminate instructions, directions, codes, scripts, viruses, worms, Trojan horses, malicious code, or other harmful or destructive content or software aimed at limiting or disabling the operation of the Service, or Users.
7.14. You will not harvest or collect email addresses or other contact information of other Users from the Service as form of solicitation for the purposes of sending unsolicited emails or other unsolicited communications.
7.15. You will not submit, upload, post, share, or make available any Content that contains or attempt to install or promote spyware, malware or other computer code designated to enable you or others to gather information about or monitor the online or other activities.
7.16. You will not submit, upload, post, share, or make available any promotional materials, spam, flooding, unsolicited or unauthorized advertising, chain letters, junk emails, or pyramid schemes on the Service.
7.17. You will not submit, upload, post, share, or make available any Content that depicts graphic or gratuitous violence.
7.18. You will not submit, upload, post, share, or make available any Content that makes threats of any kind, intimidates, discriminates, harasses, incites harassment, advocates harassment, or bullies anyone.
7.19. You will not submit, upload, post, share, or make available any Content which is aggressive or defamatory, as well as personal insults and critical, the coarseness and vulgarities.
7.20. You will not submit, upload, post, share, or make available any Content that violates any provision of these "Terms of Use."

8. The Owner of Quoth Rights

8.1. The owner of Quoth reserves the right to promote intellectual honesty, including, but not limited, for encouraging the Users to give proper attribution or credit to the authors.
8.2. The owner of Quoth reserves the right to manage and facilitate the proper functioning of the Service.
8.3. The owner of Quoth reserves the right to syndicate Content submitted, uploaded, posted, shared, or made available by you on or through the Service and use that Content in connection with any program offered by the owner of Quoth.
8.4. The owner of Quoth reserves the right to mark as "inactive" and archive account(s) that are inactive for extended periods of time.
8.5. The owner of Quoth reserves the right to monitor the web site for violations of these "Terms of Use."
8.6. The owner of Quoth reserves the right to refuse, restrict access to or the availability of, or disable any Content or any portion thereof that may violate these "Terms of Use."
8.7. The owner of Quoth reserves the right to modify, improve, suspend, or discontinue the Service with or without notice at any time and without any liability to you.

9. Your Rights

9.1. By submitting, uploading, posting, sharing, or making available any Content on the Service, you automatically grant, and you represent and warrant that you have the right to grant, every person an irrevocable, perpetual, non-exclusive, fully transferable, royalty-free license, worldwide license (with the right to sublicense) to use, copy, modify, transmit, broadcast, publicly perform, publicly display, reproduce, reformat, translate, excerpt (in whole or in part), adapt, distribute, or exploit such Content for the purpose, or otherwise, on or in connection with the Service or the promotion thereof, to prepare or create derivative works of, or incorporate into other works.
9.2. You are free to use, copy, modify, transmit, broadcast, publicly perform, publicly display, reproduce, reformat, translate, excerpt (in whole or in part), adapt, distribute, or exploit any Content for the purpose, or otherwise, on or in connection with the Service or the promotion thereof, to prepare or create derivative works of, or incorporate into other works.
9.3. You may remove your Content from the Service at any time. Or you may notify the owner of Quoth to remove your content in manual process. If you choose to remove your Content, the license granted above will automatically expire.

10. Removal of Content

10.1. Anyone who feels that the Content is objectionable and not in conformity to the general themes of the Service is encouraged to notify the owner of Quoth immediately.
10.2. The owner of Quoth reserves the right to remove objectionable Content, at any time and for any reason, if he determines that the removal is necessary.
10.3. The removal of Content is a manual process. However, please realize that the owner of Quoth may not be able to remove a particular Content immediately.

11. Indemnity

11.1. You agree to indemnify, hold harmless, and defend the owner of Quoth and each of his Officers, Editors, and Contributors from and against any losses, liabilities, claims, demands, damages, costs and expenses, including but not limited to, reasonable attorney's fees, arising out of or in connection with any Content, any Third Party Applications, Content you submit, upload, post, share, or make available on or through the Service, your use of the Service, your conduct in connection with the Service or with other Users of the Service, or any violation of this Agreement or of any law or the rights of any third party.

12. Warranty

12.1. The owner of Quoth claims no ownership or control over any Content submitted, uploaded, posted, shared, or made available by you on or through the Service.
12.2. The Content provided through the Service is provided to you on an AS IS and AS AVAILABLE. By operating the Service, the owner of Quoth does not represent, express, or imply that the he warrants, endorses, or guarantees any Content available on or linked to by the Service, including without limitation content hosted on third party web sites, or that he believes the validity, accuracy, completeness, or usefulness of the Content.
12.3. The owner of Quoth does not actively monitor the Content, and as such, is not responsible for the Content submitted, uploaded, posted, shared, or made available on the Service, including, but not limited, for any consequences of the kind incurred because of the errors, omissions of any, mistakes, losses, damages, inaccuracies, or results of the use of the Content, or any viruses, malicious software, or the like which may be transmitted to or through the Service by any third party. Instead, he merely provides access to such Content as a Service to you.
12.4. The Content expresses the views of the author, and not necessarily the views of the Service, or the owner of Quoth.
12.5. The owner of Quoth expects that you will use your best judgment, exercise caution, and use common sense when appropriate in using and/or submitting, uploading, posting, sharing, or making available the Content.

13. Termination of Account(s)

13.1. The owner of Quoth reserves the right to terminate your account(s), at any time and for valid reason, if they determine that the termination is necessary.
13.2. In the event of termination, the owner of Quoth will inform you by sending e-mail and your account(s) will be disabled and you may not be granted access to your account(s).
13.3. The User may terminate his/her account(s) and the right to use the Service without giving any reasons.
13.4. The termination of Account(s) is a manual process. However, please realize that the owner of Quoth may not be able to terminate your account(s) immediately.

14. Privacy

14.1. The owner of Quoth is aware of the importance in protecting the privacy of your personal information that you provided to us during the registration.
14.2. The owner of Quoth collected your personal information for internal purposes, including, but not limited to send information and our newsletters; send article and link submission updates; communicate back to you; promote not spam or any other unwanted electronic mail; notify you of any changes with the Service which may affect you; and enforce “Terms of Use” on the Service.
14.3. If you no longer wish to receive emails, the owner of Quoth will provide instructions in each of its emails on how to be removed from the lists. The owner of Quoth will make reasonable efforts to honor such requests.
14.4. Users may have the opportunity to use the Service to send you an electronic mail. In order to prevent abuse, you may hide your email address from public.

15. Liability

15.1. The owner of Quoth will not be responsible or liable in any manner for any special, incidental, indirect, consequential, or exemplary damages of any kind, or any other damages whatsoever, including, without limitation, damages resulting from reliance on the content and loss of use, data, settings, timeliness, reliability, maintenance, profits, goodwill, and/or other intangible losses (including the inability to use the Service, or unauthorized access to or alteration of your data of any third party on the Service). The necessary is carried out to avoid any declarations of the damages, but it is not possible to prevent any declarations.

16. Links to Third Party Web Sites

16.1. Your links to third party web sites on the Service are provided solely as a convenience.
16.2. When you use these links, you leave the Service.
16.3. The Service has not reviewed all of these third party sites, does not control, and is not responsible for, any of these sites, their content or privacy practices.
16.4. The Service does not endorse or make any representations about the third party sites, or any information, services, or products found on the sites.
16.5. If you decide to access any of the linked sites, the owner of Quoth encourages you to read their privacy statements.
16.6. You access such sites at your own risk.

17. Entire Agreement

17.1. These “Terms of Use” constitutes the entire agreement between you and the owner of Quoth with respect to the subject matter hereof and govern your use of this forum, superseding any prior understandings and agreements between you and the owner of Quoth related to the subject matter hereof for the use of this forum.

18. IP Address

18.1. You understand and agree that with each post, your IP address is recorded, in the event that you need to be banned from this forum or your ISP need to be contacted. This will only happen in the event of a major violation of these ‘Terms of Use.”

19. Cookie

19.1. You understand and agree that the software places a cookie, a text file containing bits of information (such as your username and password), in your browser's cache. This is ONLY used to keep you logged in/out. The software does not collect or send any other form of information to your computer.

20. Contact Information

21.1. The owner of Quoth welcomes your comments regarding these “Terms of Use.”
21.2. If you believe that the Service have not adhered to these “Terms of Use,” please contact the owner of Quoth at quoth.kmtfsp@yahoo.com.ph. The owner of Quoth will respond to promptly determine, understand, and/or address your concern.
21.3. To report any activity or Content that may violate these "Terms of Use," please contact the owner of Quoth at quoth.kmtfsp@yahoo.com.ph.