Last updated on February 21st, 2018
All contributions to any Fextralife.com Wiki fall under the below Contribution Agreement and become the exclusive copyrighted property of Kinbundo Limited.
© 2011-2018 Kinbundo Limited.
All rights reserved. No part of this site and any of its wikis may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of Kinbundo Limited.
The reason for this transaction is so that the body of work collaborated on by many can be called a united work that is owned by one, stopping third party actors from stealing said content based on lack of firm ownership.
Thank you for your interest in the Fextralife Wiki (the “Wiki”). Editing and saving content to the Fextralife Wiki requires that you (“Contributor”) review and accept of the terms and conditions of this Fextralife Wiki Contributor Agreement (“Agreement”). For the avoidance of confusion, this Agreement outlines the terms of your Contribution (hereinafter defined) and grants to the Fextralife Wiki all proprietary rights in the Contribution submitted.
PLEASE READ THIS DOCUMENT CAREFULLY AND RETAIN A COPY FOR YOUR PERSONAL RECORDS. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time and without further notice. It is your responsibility to regularly check this page to determine if there have been changes and to review such changes.
WHEREAS, Contributor wishes to contribute certain intellectual property defined hereunder to Fextralife Wiki.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and intending to be legally bound, the parties agree as follows:
Contributor -“Contributor” means the individual or copyright owner submitting the Contribution. If the Contribution is on behalf of a company, the term “Contributor” shall also mean the company.
Contribution – “Contribution” shall mean any and all original work(s) of authorship, including but not limited to, any text, strategy, source code, object code, patch, tool, documentation, sample, graphic, specification, manual, and other material and any modification or addition to existing work(s), that is intentionally submitted or posted to Fextralife Wiki by Contributors. Submissions clearly marked or otherwise indicated by Contributor as “Not a Contribution” shall be excluded. Please note that links to external works hosted on external websites are not viewed as contributions unless the person specifically submits the work as such.
REPRESENTATIONS AND WARRANTIES – Contributor represents and warrants that the Contribution is Contributor’s original work(s) of authorship and that Contributor is legally entitled to grant the rights and privileges set forth in this Agreement and is duly authorized to execute this Agreement on behalf of himself/herself or the copyright owner. Contributor represents and warrants that, to the best of Contributor’s knowledge, the Contribution does not violate any third party’s copyrights, trademarks, patents or other intellectual property rights and that no other person or entity has the right to claim any right related to the Contribution. Cotnributor also represents and warrants that you own or have the necessary licenses, rights, releases, consents, and permissions to direct the Wiki to copy, store, publish, display, and distribute the Contribution. Contributor further represents and agrees that the Contribution shall include full disclosure and complete details of any third-party license or any other restriction that the work(s) may be subject to (including, but not limited to, related patents and/or trademarks) of which Contributor is aware and which are associated with any part of the Contribution. Contributor agrees to promptly notify Fextralife Wiki of any facts or circumstances should any of the foregoing representations become inaccurate in any respect. Contributor may not submit content to the Contributions that you did not create or that you not have permission to submit. Contributor understands and agrees that the others may, but are not obligated to, edit, delete or remove (without notice) any content from the Wiki, for any reason or no reason.
ASSIGNMENT – Contributor hereby assigns, transfers and conveys to Fextralife Wiki an irrevocable, perpetual, worldwide, exclusive, royalty-free ownership, title and interest in and to the Contribution free of claims, including, but not limited to, copyrights, copyright applications, copyright registrations, if any, and all intellectual property and proprietary rights recognized anywhere in the world, now or in the future, associated with the Contribution. Further, Fextralife Wiki takes ownership of all intellectual property and proprietary rights of the Contribution and Fextralife Wiki hereby has the right to make, have made, use, sell, offer to sell, import and otherwise exploit the Contribution and all derivative works, in whole or in part, alone or in combination with or included in any product, work or materials produced from Fextralife Wiki products and/or Fextralife Wiki projects, and to sublicense these rights to third parties through multiple tiers of sub-licensees or otherwise. Contributor understands that Fextralife Wiki has no duty to consult with, obtain the consent of, or pay royalties or otherwise for any use of the distribution of the Contribution. Contributor agrees never to assert against Fextralife Wiki or its licensees or transferees any moral or ownership rights in the Contribution. Contributor understands that Fextralife Wiki may register the copyright in the Contribution with the U.S. Copyright Office to record this assignment and Contributor acknowledges that Fextralife Wiki may exercise all rights as the copyright owner of the Contribution. If and to the extent the foregoing assignment is invalid, ineffective or unenforceable, Contributor hereby grants to Fextralife Wiki a perpetual, irrevocable, sublicensable, royalty-free, worldwide, non-exclusive license to use, reproduce, alter, modify, distribute, publicly display, perform and create derivative works of the Contribution.
LICENSE -Fextralife Wiki hereby licenses to Contributor a perpetual, non-exclusive, royalty-free right to use, modify and distribute the Contributions. This license is limited solely to the Contribution and does not provide any rights or licenses to any Fextralife Wiki Products, Fextralife Wiki Projects, documentation, or intellectual property.
CONTRIBUTION ACCEPTANCE -Contributor understands that the decision to include some or all of the Contribution in any product or source repository lies entirely with Fextralife Wiki and nothing in this Agreement shall be deemed to require Fextralife Wiki to include some or all of the Contribution in any Fextralife Wiki products and/or Fextralife Wiki projects.
LIMITATION OF LIABILITY -You agree to indemnify the Fextralife Wiki, employees, owners, agents, representatives, and users from any liability from using or contributing to the Wiki or its content or other materials thereon. Under no circumstances shall Fextralife Wiki be liable to Contributor or any third party for any reason relating to this Agreement. Fextralife Wiki shall have no liability for any incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort (including negligence) or otherwise. This limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent by law. Fextralife Wiki total aggregate liability arising out of this Agreement, whether for breach of contract or tort or otherwise, shall not exceed one hundred dollars ($100.00). The parties agree that the foregoing limitation of liability amount represents a reasonable allocation of risk based on the nature of this Agreement. Contributor further acknowledges that if no fees are paid to the Wiki for membership or use of its services or resources, Contributor is limited to injunctive relief only, and is not entitled to damages from the Wiki regardless of Contributor’s alleged cause of action.
GOVERNING LAW AND JURISDICTION -This Agreement shall be governed by the procedural and substantive laws of the State of California and applicable U.S. federal laws, if any, without regard to California choice of law or conflicts of laws provisions or principles.
ENTIRE AGREEMENT – This is the entire agreement between Contributor and Fextralife Wiki and shall supersede any prior agreements, whether written or oral, relating to the subject matter of this Agreement. As previously stated, the Wiki reserves the right, at its sole discretion, to change, modify, add, or delete portions of this Agreement at any time and without further notice. The parties agree that Contributor’s continued use of the Wiki, submitted Contributions, and/or membership in the Wiki following any such changes, modifications, additions, or deletions constitutes its agreement thereto as of the date of such changes, and that the changed or modified Agreement shall further supersede any prior agreements.
The effective date of this Agreement shall be the date Contributor clicks “save” in the Fextralife Wiki editing process.