1. Scope of the Terms of Service
The following Terms of Service contain the rules for the use of the internet Platform Arch Linux, operated by the Arch Linux Team, accessible under the domain archlinux.org and various related subdomains (the "Platform") and the respective Services, namely provision of the Arch Linux package platform, the forums, the wiki, the bug reporting tool and a reporting tool for security issues, Arch User Repository (AUR), Mailing Lists, IRC Channels, collaboration pads and the Bulletin Board System (the "Services") of Arch Linux ("Arch Linux", "we") by you as a user (the "User", "you").
1.2. Use of the Services
The use of the Services that require registration are only permitted if you as a User accept these Terms of Service. The use of the Services is only permitted to natural persons who are of legal age and capable of contracting without restriction. Minors may also be Users, provided they have the permission of their parents or legal representatives.
1.3. Access to Terms of Service
The Terms of Service in their latest version can be accessed by the User at any time on the website: https://gitlab.archlinux.org/archlinux/service-agreements.
2. Registration, Conclusion of Contract and Subject Matter
2.2. Change of the Platform
Arch Linux reserves the right to change and expand the Services and structure of the Platform as well as the associated user interfaces, if this does not or only insignificantly affect the purpose of these Terms of Service concluded with the User. Arch Linux will inform the Users about the changes accordingly.
3. Duties as a User of the Interactive Services
3.1. Completeness of Information
You agree to provide us with complete and accurate email address as contact data when you register for an account. The services may be used under a pseudonym. If your contact data changes after registration, you must update the information in your user account without delay or notify us of the changes if they are unable to make the changes yourself.
3.2. Account Use
Your account may only be used by yourself. The use of trademarked words and internet addresses as Usernames (nicknames) are not allowed. As the owner of the account, you are also responsible for protecting it against misuse. Your access data must therefore be protected from access by third parties. Passwords must always be kept secret and may not be disclosed to third parties. The User is obligated to immediately report any suspected misuse of the access data.
The Interactive Services require a peaceful and respectful interaction among Users without offensive hostility. Users are obliged to behave lawfully, appropriately and respectfully at all times in exchanges with other Users, including the use of appropriate language and refraining from providing untrue statements. In addition, Users agree to comply with our General Guidelines and agree to behave according to our Code of Conduct.
3.4. Content and Conduct
If Users operate an account to Interactive Services in particular, if you upload packages, maintain a package, comment on a package or issue or merge request, file a package request, post material to the Arch Linux User Repository, forums or the wiki, IRC Channels or the Bulletin Board System, post links, or otherwise make (or allow any third party to make) material available (“Content”), Users are solely responsible for such Content, and any harm resulting from, that Content or the Users conduct.
Users agree that they will not publish any Content that violate these rules, morality or otherwise violate applicable law. In particular, Users are prohibited
to publish insulting Content, untrue statements or malicious code;
to send spam to other Users via the Interactive Services;
to use Content protected by law, in particular by copyright (e.g. any illegal copies of software) and trademark law, without authorization;
to perform anti-competitive actions;
to publish copies of third party press articles in the forum without the consent of the author. Mere links to press articles are not subject of this restriction;
to post your topic more than once in the Interactive Platforms (prohibition of double postings);
to advertise in the Interactive Services without the express written permission of Arch Linux.
3.6. Permanent Entries
Users acknowledge that contributions and topics can be recorded in search engines and thus become accessible worldwide. A claim for deletion or correction of such search engine entries against Arch Linux is excluded.
3.7. Content Discretion
We reserve the right in our sole discretion to refuse, delete, modify or remove any User Content on our Services and to reclaim your Username or website’s URL due to prolonged inactivity. In addition, we have the right in our sole discretion, independent of legal claims, to impose the following sanctions against you as a User in case of violation of these Terms of Service:
issuing a warning or
terminating your account or blocking access to the Interactive Services.
4. Liability of the Users; Indemnification
Users acknowledge that in the event of unlawful conduct, there is a risk that we may be held liable by third parties for the legal violations committed. If Users have culpably violated obligations arising from these Terms of Service and a claim is made against us by a third party as a result, Users are obligated to indemnify us against all costs incurred in this connection. The indemnification also applies to all necessary costs incurred by us because of our own legal defense, insofar as these correspond to the respective statutory fee rates for attorneys. Arch Linux is entitled to demand an appropriate advance payment from the User for this purpose. Users are obligated to support the provider in good faith with information and documents in the legal defense against third parties. All further rights as well as claims for damages of the Arch Linux remain unaffected.
5. Transfer of rights of use
The copyright for topics and contributions, as far as these are protectable by copyright, remains in principle with the User. However, by posting a topic or contribution, the User grants us all rights of use to the provided Content, which we need to offer our Services, in particular to make necessary copies and, if necessary, adaptations and to make the Content publicly accessible and to keep the topic or contribution permanently available. The User assures to hold all rights of use of the uploaded or otherwise used Contents necessary for the use on the Platform. Before using or otherwise making available any Content, the User is obliged to ensure that its use is legally permissible and to obtain rights of use for the use of Content, if necessary, which entitle him, among other things, to grant us the necessary rights of use and to inform us immediately if he discovers that he has used illegal Content or otherwise made it available to us. In addition, Arch Linux has the right to delete, edit, move or close your topics and contributions.
5.2. Contribution Licenses
In the case of a contribution of software to an Arch Linux Project via GitLab or otherwise, you agree to license the contribution under the Project’s license. If the Project does not state a license, you agree to license it under the terms of the GNU General Public License version 3. Users contributing software to the Arch Linux Services ensure that they are permitted to license the software under the respective license and indemnify Arch Linux from all liability resulting from any lack of permission in accordance with section 4. of these Terms of Service.
5.3. Continuation of Rights
The aforementioned rights of use remain in force even in the event of termination of the User account.
6. Availability of the Platform
You acknowledge that 100% availability of the Platform and the Services cannot be guaranteed. However, we make every effort to keep the platform available as constantly as possible. Particularly necessary maintenance work may, of course, lead to disruptions or temporary unavailability.
7. Liability of Arch Linux
7.1. Limitation of Liability
Arch Linux is not responsible for the Content posted in the Interactive Services by its Users, in particular for its accuracy, completeness and timeliness. Our Services may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
7.2. Content Review
Arch Linux has not reviewed, and cannot review, all of the material, including computer software, posted to our Interactive Services, and cannot therefore be responsible for that material’s Content, use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. As soon as we become aware of unlawful Content or of a link to fee-based websites or services, we will remove the Content or the links or block access to them.
7.3. Limitation of Damage Claims
Claims for damages are excluded both against Arch Linux and its vicarious agents. This limitation of liability does not apply if the damage was caused intentionally or by gross negligence, as well as in the case of the violation of essential contractual obligations, i.e. such obligations whose fulfilment makes the proper execution of a contract possible in the first place, on whose compliance you may therefore regularly rely, and whose violation on the other hand endangers the achievement of the purpose of the contract. Furthermore, the limitation of liability does not apply to damages resulting from injury to life, body or health, if Arch Linux is responsible for the breach of duty. Furthermore, the limitation does not apply to damages that are based on the absence of a warranted characteristic or for which liability is stipulated under mandatory statutory provisions.
7.4. Further Limitation of Liability
In all other respects, our liability is excluded, irrespective of the legal grounds. In particular, we are not liable for the Content of other websites that are linked to the Platform. Links by Users to fee-based websites or Services are not permitted. We do not adopt the Contents of external linked sites as our own and do not assume any responsibility for them.
8. Amendment of the Terms of Service
We are also entitled to amend these Terms of Service insofar as this is necessary to eliminate equivalence problems that arise subsequently or to adapt to changes in the legal or technical framework conditions or due to the receipt of a decision or resolution as well as to include specific details and provisions for the use of any newly introduced additional features for the Platform.
The planned amendments to the Terms of Service will be announced to you by e-mail to the e-mail address you provided during registration no later than four weeks before the planned effective date. Your consent to the amendment of the Terms of Service shall be deemed granted if you do not object to the amendment in text form (e.g. e-mail) within a period of two weeks, starting on the day following the amendment announcement. We undertake to point out separately in the notice of change the possibility of objection, the deadline for objection, the text form requirement and the significance or consequences of failure to object.
8.2. Objections to Amendments
If you object to the amendment of the Terms of Service in due form and time, any contractual relationship shall be continued under the previous Terms of Service. In this case, we reserve the right to terminate the corresponding contractual relationship at the next possible date. A full list of all changes and date of last change for all of our legal documents is available here: https://gitlab.archlinux.org/archlinux/service-agreements.
9. Term and termination of the Agreement
9.1. Period of Terms of Service
These Terms of Service shall be concluded for an indefinite period.
Both parties can terminate Terms of Service without cause and any period of notice.
9.3. Account Deletion
If Users delete their account or it was deleted (termination of the contract), their public statements, in particular contributions, may remain visible to all readers.
10.1. Applicable Law
These Terms of Service as well any other agreements between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").
10.2. Severability Clause
Should individual provisions of these Terms of Service contradict the statutory provisions and be invalid, the remaining provisions shall remain unaffected.
The platform for online dispute resolution of the European Commission can be reached at: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.