The Joomla! Service Provider Directory (herein referred to as the "SPD") is a service provided to the Joomla! community for identifying service providers. Access to and any use of the SPD, or any of the content contained therein, is subject to these Terms of Service. By searching the SPD, reading directory listings, or submitting an Application to obtain a Listing, you are agreeing to the following Terms of Service.
Open Source Matters, Inc. (referred to as OSM) and The Joomla! Project (Joomla!) acting through the Community Sites Team have the right, in their sole discretion, to revise these Terms of Service upon 30 days notice, as described below. Your continued use of the SPD constitutes your agreement to be bound by these Terms of Service, as modified from time to time.
Contents:
- Definitions
- Effect of Submissions, Ownership of Copyrights and Intellectual Property
- General Site Usage
- Listings
- General Requirements
- Obligation to Keep Listings Current
- Trademark and License Compliance
- Post-Approval Reviews
- Unpublished Listings - Notice and Remediation
- Suspension of Account
- Dispute Resolution
- Privacy
- Advertising
- Disclaimers and Limitation of Liability
- Governing Law
- Notice of Terms Of Service Revisions
- Questions, Support and Contacting the Community Sites Team
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Definitions
The “Joomla Service Providers Directory,” also known as the “SPD,” is a directory service provided to the Joomla! community for finding service providers. Being listed within the SPD does not constitute an endorsement by OSM or The Joomla! Project, either express or implied, with regard to the listed organizations and individuals, nor the nature and quality of services they provide.
A “Listing” is a record within the SPD directory software displayed on the SPD website. Listings are obtained by submitting an Application. The Application is then subject to the review and approval by the Community Sites Team.
The terms “Applicants” and “Listed Service Providers” are used interchangeably and apply to a company or individual who has applied for a Listing in the Joomla Service Providers Directory.
“Listing Content” consists of all content posted by an Applicant for inclusion in, the SPD. Such content includes, but is not limited to: a description of the business, logos, links to websites or extensions they have authored, and similar content for promoting their services.
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Effect of Submissions, Ownership of Copyrights and Intellectual Property
Listed Service Providers retain ownership of their copyrights to, and all other intellectual property rights associated with, the Listing Content that they post in their SPD Application.
By submitting an Application to become a Listed Service Provider in the SPD, the applicant is granting to OSM a worldwide, irrevocable, royalty-free, non-exclusive license to reproduce, edit, publish, use, translate, and distribute that Listing Content in any medium whatsoever in connection with their SPD Listing and/or promotion of The Joomla! Project and its products and extensions. In so doing, you, the applicant, represent and warrant that you own the copyrights or possess sufficient rights to grant such a license to OSM, that the posted Listing Content does not infringe any patent, copyright, trademark, trade secret or other proprietary right of any other party, and that you agree to indemnify and hold OSM harmless in connection with any claims of infringement directly related to your submitted Listing Content. The SPD reserves the right to modify a Listing prior to or after being published, and it reserves the right to remove a Listing if, in its sole discretion, the Community Sites Team finds a Listing to not be in compliance with these Terms of Service or in keeping with the values and intentions of the Directory.
All rights associated with the SPD website, including but not limited to OSM and SPD related trademarks, branding elements, badges, trade dress, “look and feel,” and copyrights to content and code posted by the Community Sites Team remain the property of OSM (collectively “SPD Property”).
As a Directory User, you agree not to copy, reproduce, download, disseminate, publish or transfer Listing Content, or SPD Property in any form or by any means without prior written permission from OSM.
All trademarks referenced in SPD Listings are the property of their respective owners.
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General Site Usage
By accessing this site you acknowledge that OSM and the respective providers of Listing Content own the copyrights and all other intellectual property rights for any information in the Directory (“content”) unless otherwise expressly indicated. You agree not to bulk copy, reproduce, download, disseminate, publish, or transfer said content in any form or by any means, except with our prior written permission. You further agree not to collect any content from the Directory by using any automated means; such as spiders or scraping.
You must not violate or attempt to violate the security of the SPD or interfere or attempt to interfere with the proper functioning of the SPD, servers or networks.
You must not post, upload, email, link to, or otherwise transmit any content that contains any viruses, harmful code, or other computer software or program that may damage or adversely affect the functionality of the SPD or impair others’ ability to use the SPD.
You must not use the SPD to send unsolicited emails. (no spamming)
You must not impersonate any person or entity or misrepresent an affiliation with another person or entity.
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Listings
Any company or person that provides services related to Joomla! websites are welcome to submit an Application for a Listing in the SPD. These are the minimum requirements that all applicants must comply with in order to qualify for inclusion in the SPD. Failure to comply at any time may result in the immediate unpublishing of your Listing. By submitting an Application, you acknowledge and agree to the following:
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General Requirements
All Applicants must certify that they have read and are in full compliance with the SPD Submission Checklists. Intentional misrepresentations when certifying compliance may result in immediate rejection of an Application and Suspension of the applicant’s account.
Applications must be in English, except that a true, correct and complete translation of a description to an additional language may be included below the English description. Inability of the Community Sites Team to easily verify the accuracy of the translation may result in the Listing being delayed in processing or not being posted at all.
All Listing Content must be relevant to the use, development, design, deployment and extension of the Joomla! Framework and/or the Joomla! Content Management System.
Listing Content and any linked websites contained therein must not contain content of an adult or sexually explicit nature.
Listing Content and any linked websites contained therein must not contain content that is dishonest, libelous, defamatory, fraudulent, misleading or that otherwise violates the legal rights of others; including but not limited to the right of privacy.
Listing Content and any linked websites contained therein must not promote or engage in illegal activities, including, without limitation, infringement of any patent, copyright, trademark, trade secret or other proprietary right of any other party.
Listing Content and the Applicant’s website linked from the listing must not promote ideological, religious, or political matters.
All links included in an Application or Listed Content must not be shortened using a URL shortener or result in redirection to an alternative URL.
Listing Content, any linked websites contained therein, nor any website associated with the Listed Service Provider must not imply in any way that inclusion in the Joomla! Service Providers Directory constitutes endorsement by OSM or The Joomla! Project.
The following requirements are checked and must be met before a submission can be approved:
- One entry per company.
- Entries should be in English, except for the native language fields.
- Entries must have working links, regardless of visitor location.
- Your website must clearly show and describe the Joomla services that you offer.
- Any use of the Joomla trademarks must have approval from the Trademark Team.
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Obligation to Keep Listings Current
You, the Applicant, are solely responsible for all content submitted for your Listing in the SPD. Information contained within Listings must be kept current. You are required to login and re-save your listing annually. We will use the Last Modified date as one indicator of whether your Listing is still current. Notwithstanding, the Community Sites Team and OSM reserve the right to remove any content or unpublish a Listing that is reported to us to be, or appears to be, out-of-date.
Links to a Listed Service Provider’s website that do not properly resolve for more than three successive days may cause the Listing to be unpublished from the SPD.
Failure to update a listing within 20 days of a change in the primary contact information for a Listed Service Provider (name, address, phone number and/or e-mail) may cause the Listing to be unpublished from the SPD.
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Trademark and License Compliance
All linked websites related to a Listed Service Provider must comply with the latest version of all applicable Joomla licenses, including GPL licensing of Joomla!-related extensions, proper usage of all OSM-owned and Joomla! related trademarks according to the current Trademark Policy, and not using the Joomla! name or logo in an unauthorized, confusing or misleading manner.
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Post-Approval Reviews
All Listings must remain in compliance with the SPD Submission Checklist. A listing that no longer complies with the SPD Submission Checklist is subject to being immediately unpublished.
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Unpublished Listings - Notice and Remediation
Applications that fail to comply with one or more of the criteria listed above will not be included in the SPD. In such cases, the Community Sites Team may choose, but is not obligated, to inform the applicant about why their Application was rejected or their listing was unpublished.
Listings that have been unpublished have a 14 day grace period to be corrected before being permanently removed. Once removed, a new Application must be submitted.
Bottom Line: Inclusion in the SPD is a privilege, not a right, and inclusion is at the sole discretion of the Community Sites Team and OSM. Any listing can be removed at any time, for any reason, without notice.
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Suspension of Account
The Community Sites Team and/or OSM will take the following action for repeated violation of these Terms, for conduct unbecoming a member of the Joomla! community, as determined in its sole discretion, or for such other violations where suspension is specified herein:
1st violation: the Listing Organization’s entire account will be suspended (unpublished) for a minimum of one month.
2nd violation: suspended (unpublished) for a minimum of three months.
3rd violation: suspended (unpublished) indefinitely. After 12 months the developer may appeal the suspension. Appeals will be reviewed by the Community Sites Team with no guarantee that the suspension will be lifted.
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Dispute Resolution
Any Listed Service Provider having questions or concerns about their Application and desiring to initiate crowd-sourced review of SPD policies is invited to post their concerns in the Joomla! Forum. Any posting in other forums or mailing lists is considered an abuse of Joomla! community standards and, in and of itself, may result in Suspension after one warning from anyone in the community.
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Privacy
Unless required by law, except for information supplied for publication in Listings and Reviews, no personal information submitted by Applicants or Reviewers will be shared with third parties; except that OSM will divulge any information collected from Listed Service Providers when required to do so by law enforcement agencies. In the event that OSM, or its assets, are acquired by or merged with another entity, your Listing Content, Reviews and Application information will be one of the transferred assets. For more information concerning our privacy practices, please see our privacy policy.
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Advertising
OSM participates in third party advertising programs and allows advertisements (OSM’s and third party) to be displayed on the Community site. OSM is not responsible for the content of any third party advertisements. For more information concerning these advertisements, please see our privacy policy.
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Disclaimers and Limitation of Liability
The Listings included in the SPD have been submitted by members of the Joomla! community and are for general informational purposes only. Listings do not constitute or imply endorsement, recommendation, or favoring by Joomla or OSM.
Because the Listings are provided by third parties, The Joomla! Project, OSM, and the Community Sites Team cannot be held liable for the accuracy of the information. Visitors wishing to verify that the information is correct should contact the parties responsible for creating the Listing Content.
THE INFORMATION IN THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. OPEN SOURCE MATTERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL OPEN SOURCE MATTERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE OR LOSS OF USE, ARISING OUT OF YOUR USE THIS SITE, EVEN IF OPEN SOURCE MATTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. Accordingly, the above limitations may not apply to you.
OSM and the Community Sites Team reserves the right at any time to modify, suspend or discontinue the SPD, or any portion thereof, with or without notice, and we are not liable to you or any third party for any modification, suspension or interruption in services.
The maximum remedy available against OSM in the event of a breach of these Terms of Service will be limited to a refund of any actual fees you paid to access, use or become featured in this Directory.
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Governing Law
Any dispute with respect to the SPD shall be governed by the laws of the State of Maryland, excluding its conflict of laws provisions. All visitors to the SPD submit to the exclusive jurisdiction of the state and/or federal courts of the State of Maryland.
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Notice of Terms Of Service Revisions
These Terms Of Service may be changed with 30 days notice. Notice of such changes will be posted on the Joomla! Forum and/or The Joomla! Community Portal 30 days before being implemented. In addition, the Community Sites Team will notify all those who have current listings on the SPD of any change to this Terms of Service via email. It is your responsibility to keep your contact email up-to-date. Whether or not you have personally read these notices, continuing to use the SPD after such revisions have taken effect indicates that you have accepted the revised Terms of Service.
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Questions, Support and Contacting The Community Sites Team
Any questions about these Terms of Service should be submitted to the Community Sites Team via a Support Ticket.