Last updated: November 7, 2020
These LFX Service-Specific Use Terms are incorporated into, and made a part of, the LFX Platform Use Agreement at https://lfx.linuxfoundation.org/platform-use-agreement, as updated from time to time. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the LFX Platform Use Agreement.
1. Crowdfunding Service. The following terms apply if You use the Crowdfunding Service.
1.1. YOU UNDERSTAND AND ACKNOWLEDGE THAT TLF IS NOT A BANK OR FINANCIAL INSTITUTION AND DOES NOT PROVIDE INVESTMENT ADVICE OR CONSULTING SERVICES TO USERS OF THE PLATFORM OR THE CROWDFUNDING SERVICE. TLF IS SOLELY THE PROVIDER OF THE PLATFORM DESCRIBED IN THESE TERMS. YOU ALSO UNDERSTAND AND ACKNOWLEDGE THAT TLF IS NOT A CHARITABLE ORGANIZATION, AND THAT THE PROJECTS FUNDED BY THE PLATFORM ARE NOT CHARITIES TO WHICH YOU CAN MAKE TAX-DEDUCTIBLE CHARITABLE CONTRIBUTIONS.
1.2. You understand and acknowledge that TLF may in its discretion fund the operations and improvements to the Platform by retaining a percentage of the funds raised through the Crowdfunding Service. Additionally, TLF relies upon third party payment processors who may charge TLF a fee for each transaction. To cover these improvements and processing fees, TLF may retain a percentage of the funds raised for each Project. All payments will be subject to the third-party payment processor’s applicable terms, conditions and privacy policies, and You hereby agree to comply with all such terms, conditions and policies.
1.3. TLF reserves the right, in its sole discretion, to redistribute funds from any designated Project should TLF determine, in its sole discretion, that such Project is no longer active; is no longer using its designated funds; if its Project Maintainer is no longer complying with the Agreement or any other restrictions or limitations imposed by TLF; or for any other reason. Any unspent funds may, in TLF’s sole discretion: (a) be reallocated to other Projects; (b) be retained by TLF for use in operating the Platform and the Services; or (c) be retained by TLF for general administrative purposes. Funds unspent by a Project designated by a Funder will not be refunded to the Funder.
1.4. Giving funds through the Crowdfunding Service. If You give funds through the Crowdfunding Service, You (a “Funder”) understand, acknowledge and agree that:
1.4.1 YOUR DONATION IS TO TLF. WHILE YOU MAY DESIGNATE YOUR DONATION FOR A SPECIFIC PROJECT, TLF DOES NOT GUARANTEE THAT ANY OPEN SOURCE SOFTWARE PROJECT WILL RECEIVE A CERTAIN AMOUNT OF DONATIONS OR ANY DONATIONS AT ALL. TLF DOES NOT PERSONALLY ENDORSE ANY PROJECT USING THE PLATFORM, AND TLF MAKES NO GUARANTEE, EXPLICIT OR IMPLIED, THAT ANY INFORMATION PROVIDED THROUGH THE PLATFORM BY ITS USERS IS ACCURATE. YOU, AS A DONOR, MUST MAKE THE FINAL DETERMINATION AS TO THE VALUE AND APPROPRIATENESS OF DESIGNATING YOUR CONTRIBUTION FOR ANY PARTICULAR PROJECT.
1.4.2. Certain payment processor fees may apply to each donation you make to TLF to support a Project. TLF or its third party payment processors will cover those fees for certain donations, if and to the extent described on the LFX Crowdfunding website. For donations with fees that are not covered, You agree to pay any applicable fees related to Your use of the Crowdfunding Service based on TLF’s or its payment processors’ fees, charges, and billing terms then in effect. In order to donate to TLF via the Crowdfunding Service, You will be required to provide TLF or its third-party payment processor with information regarding your credit card or other payment method. As a Funder, You represent and warrant that such information is true and that you are authorized to use the applicable payment method. All payments are final and will not be refunded unless TLF, in its sole discretion, agrees to issue a refund. If TLF cannot charge your payment method for any reason, TLF reserves the right to either suspend or terminate Your participation in the Crowdfunding Service. By providing a payment method, You expressly authorize TLF and/or its third-party payment processor to charge the applicable fees on said payment method as well as Taxes and other charges incurred thereto at regular intervals.
1.4.3. Funders may have the option to contribute recurring donations (“Donation Subscriptions”). BY ELECTING TO DONATE ON A RECURRING BASIS, YOU HEREBY ACKNOWLEDGE THAT DONATION SUBSCRIPTIONS AUTOMATICALLY RENEW AND HAVE A RECURRING PAYMENT FEATURE, AND THAT UNLESS AND UNTIL YOU OPT OUT OF THE AUTO-RENEWAL OF THE DONATION SUBSCRIPTION, WHICH CAN BE DONE THROUGH THE CROWDFUNDING SERVICE, ANY DONATION SUBSCRIPTIONS YOU HAVE SIGNED UP FOR WILL BE AUTOMATICALLY RENEWED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM ORIGINALLY SELECTED. IN CONNECTION WITH EACH OF YOUR DONATION SUBSCRIPTIONS, YOU HEREBY AUTHORIZE TLF AND/OR ITS THIRD-PARTY PAYMENT PROCESSORS TO CHARGE YOUR PAYMENT METHOD IN THE AMOUNT OF THE APPLICABLE RECURRING DONATION AND ANY TAXES, FEES OR OTHER CHARGES. YOU MAY CANCEL YOUR DONATION SUBSCRIPTION BY LOGGING INTO YOUR ACCOUNT AND CHANGING YOUR DONATION SETTINGS OR BY CONTACTING US AT [email protected].
1.4.4. All donations and fees are exclusive of any applicable sales, use, import or export taxes, duties, fees, value-added taxes, tariffs or other amounts attributable to your use of the Crowdfunding Service (collectively, “Taxes”). TLF reserves the right to reject any donation for any or no reason, including without limitation any donation that TLF determines, in its sole discretion, may jeopardize TLF’s non-profit status or violate any law or regulation. You are solely responsible for the payment of any such Taxes. In the event TLF is required to pay Taxes on Your behalf, You shall promptly reimburse TLF for all amounts paid.
1.4.5. Unless otherwise explicitly specified by TLF, Your gift of funds will not be tax-deductible under United States federal taxation laws. You are solely responsible for compliance with all laws and regulations, and payment of any Taxes (including without limitation VAT) and transaction fees, applicable to Your gift of funds. If applicable laws or regulations prohibit You from making a gift of funds through the Platform or the Service, then You may not make the gift.
1.4.6. Project Maintainers from a Project’s community will make the decisions regarding how Your gift and other contributors’ gifts will be spent. TLF has no liability or responsibility for, and is not obligated to exercise control over, a Project’s decision for how to spend funds that are contributed to it, including whether a Project will spend funds for the particular allocation categories that You requested. The Project Maintainers are not required to spend funds in accordance with the requested allocation categories You specify. There are no rewards promised to You or guarantees associated with any gift of funds through the Crowdfunding Service.
1.4.7. In order to maintain ongoing trust and transparency in the sources of Project funds, a record of each gift of funds made by You may be retained indefinitely and made public on the Project page on the Platform. This record may include sufficient personal information as required to appropriately document to the Project community about the sources of the Project’s funds.
1.4.8. You agree to indemnify, defend and hold harmless the Indemnified Parties from and against any and all Losses arising from or relating to (a) any disputes between You, and a Project or its maintainers, regarding funds given by You via the Crowdfunding Service; and (b) obligations to pay Taxes for any funds that You give hereunder.
1.5. Spending funds through the Crowdfunding Service. If You use the Crowdfunding Service to spend Project-designated funds as a Project Maintainer, You acknowledge and agree that:
1.5.1. As between You and TLF, You are solely responsible for compliance with all laws and regulations, and payment of any Taxes, applicable to Your spending of such funds. If applicable laws or regulations prohibit You from spending such funds through the Platform or the Service, then You may not spend such funds.
1.5.2. Subject to Your compliance with the Agreement and with any other restrictions or limitations that TLF may impose regarding the spending of funds, You may approve the withdrawal of Project-designated funds up to the full amount of all funds designated for the corresponding Project (less any applicable fees and subject to any holds that TLF or its payment processors may place on Your Account or on the Project). Before enabling You to approve spending of Project-designated funds through the Crowdfunding Service, TLF may require You to demonstrate that You are authorized to do so on behalf of that Project. You shall only spend Project-designated funds for purposes that are (a) directly related to the support and operations of the applicable Project; and (b) consistent with the tax-exempt status and purpose of TLF. TLF has the right, but not the obligation, to refuse to permit spending of funds for any particular purpose in its discretion. Approval of any expenditure of funds may be withheld in TLF’s sole discretion, including without limitation in the event that TLF determines that such expenditure may jeopardize TLF’s non-profit status or violate any law or regulation.
1.5.3. Project-designated funds may not be available to You for use immediately, and TLF makes no guarantee that funds will be available to you within any specific time frame. TLF expressly disclaims any and all responsibility for any delay or inability to access and use funds at any specified time, and any consequences arising from such delay or inability. You shall not make, or purport to make, any commitments on behalf of TLF regarding the offering of rewards or other guarantees in connection with Project-designated funds.
1.5.4. You represent, warrant, and covenant that (i) all information You provide in connection with your use of the Crowdfunding Service is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) You will use all donations contributed to the Project for which You are a Project Maintainer solely as described in the materials that you post or otherwise provide; (iii) You will comply all relevant and applicable laws and regulations when you solicit funds, including, but not limited to, laws relating to your financial reporting obligations, marketing and solicitation for Your Project; (iv) You will comply with all relevant and applicable financial reporting obligations, including but not limited to laws and regulations relating to tax reporting; and (v) to the extent You share with TLF any personal data of any third party for any purpose, including the names, email addresses and phone numbers of Your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide TLF with such personal data and allow TLF to use such personal data for the purposes for which you shared it with TLF.
1.5.5. You agree to indemnify, defend and hold harmless the Indemnified Parties from and against any and all Losses arising from or relating to (a) any disputes between You, on the one hand, and any of (i) a Funder, or (ii) a Recipient (as defined below), regarding funds spent by You via the Crowdfunding Service; (b) any promises of rewards or other implicit or explicit commitments that You offer regarding funds that are gifted through the Crowdfunding Service; and (c) obligations to pay Taxes for any funds that You spend hereunder.
1.6. Receiving funds through the Crowdfunding Service. If You receive Project-designated funds (including by receiving reimbursements) through the Crowdfunding Service, You (a “Recipient”) acknowledge and agree that:
1.6.1. Subject to Your compliance with the Agreement and with any other restrictions or limitations that TLF may impose regarding the spending of funds, you may receive Project-designated funds that have been approved by the Project Maintainer for payment to You for purposes that are (a) directly related to the support and operations of the applicable Project; and (b) consistent with the tax-exempt status and purpose of TLF. TLF has the right, but not the obligation, to refuse to permit spending of funds for any particular purpose in its discretion. Approval of any expenditure of funds may be withheld in TLF’s sole discretion, including in the event that TLF determines that such expenditure may jeopardize TLF’s non-profit status or violate any law or regulation.
1.6.2. In order to be eligible for receipt of funds, You must provide TLF with all requested information to enable TLF to lawfully make such payments. All such information must be true, complete, accurate and not misleading. TLF will use reasonable efforts to provide you with tax documentation regarding payments of funds made to you through the Crowdfunding Service. Such forms will be made available to you via the Platform, via a third-party service provider, or as otherwise determined by TLF from time to time.
1.6.3. In order to maintain ongoing trust and transparency in the use of Project funds, a record of each payment made to You may be retained indefinitely and made public on the Project page on the Platform. This record may include sufficient personal information as required to appropriately document to the Project community about how the Project funds are being spent.
1.6.4. As between You and TLF, You are solely responsible for compliance with all laws and regulations, and payment of any Taxes, applicable to Your receipt of funds hereunder. If applicable laws or regulations prohibit You from receiving such funds through the Platform or the Service, then You may not receive such funds.
1.6.5. Project-designated funds may not be available to You for use immediately, and TLF makes no guarantee that funds will be available to you within any specific time frame. TLF expressly disclaims any and all responsibility for any delay or inability to access and use funds at any specified time, and any consequences arising from such delay or inability. You shall not make, or purport to make, any commitments on behalf of TLF regarding the offering of rewards or other guarantees in connection with Project-designated funds.
1.6.6. You represent, warrant, and covenant that (i) all information You provide in connection with your use of the Crowdfunding Service is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) You will use all funds for which You are a Recipient solely as described in the materials that you post or otherwise provide; (iii) You will comply all relevant and applicable laws and regulations when you solicit funds, including, but not limited to, laws relating to your financial reporting obligations, marketing and solicitation for Your Project; (iv) You will comply with all relevant and applicable financial reporting obligations, including but not limited to laws and regulations relating to tax reporting; and (v) to the extent You share with TLF any personal data of any third party for any purpose, including the names, email addresses and phone numbers of Your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide TLF with such personal data and allow TLF to use such personal data for the purposes for which you shared it with TLF.
1.6.7. You agree to indemnify, defend and hold harmless the Indemnified Parties from and against any and all Losses arising from or relating to (a) any disputes between You, on the one hand, and any of (i) a Funder, or (ii) a Project or Project Maintainer, regarding funds received by You via the Crowdfunding Service; and (b) obligations to pay Taxes for any funds that You receive hereunder.
2. Mentorship Service. The following terms apply if You use the Mentorship Service.
2.1. General.
2.1.1. The Mentorship Service is offered by TLF as a means to connect members of the open source development community with one another to enable new participants in open source projects to benefit from the competencies, expertise and guidance of experienced Mentors and in the process drive career development opportunities (“Mentorship Opportunities”). Mentorship Opportunities are facilitated by the Platform and the Mentorship Service; however, the Mentors, Mentees, Employers and any other participants in Mentorship Opportunities are not representatives of TLF, and the Mentorship Service does not involve, advertise, provide or generate employment opportunities with TLF or with any Organizations whose employees participate as Mentors. TLF’s own employment opportunities are available on TLF’s main website at https://www.linuxfoundation.org/about/careers/ as updated from time to time. TLF DOES NOT OFFER AND IS NOT TO BE CONSIDERED AN EMPLOYER FOR ANY MENTORSHIP OPPORTUNITIES, AND TLF IS NOT RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS RELATING TO ANY EMPLOYER CONNECTIONS, OR THE CONTENT OF, OR ANY DETAILS RELATING TO, ANY EMPLOYER CONNECTIONS.
2.1.2. You will not use the Content of any other Mentee, Mentor or Project Maintainer, including without limitation any of their personal information, for any purpose other than solely in connection with enabling them to participate in the Mentorship Opportunities in which they have volunteered to participate.
2.1.3. Your involvement in Mentorship Opportunities shall in no way constitute employment with TLF or any participating Organization in any capacity. You will not be, and You expressly agree that You will not represent Yourself as, an employee, agent or representative of TLF or any participating Organization as a result of Your participation in Mentorship Opportunities. You shall have no right to make any commitments on behalf of TLF or any participating Organization, and You are not authorized to do so.
2.1.4. Your ability to participate as a Mentee, Mentor, Project Maintainer or Employer, as applicable, is subject to your satisfaction of all of the corresponding eligibility criteria specified in the LFX Mentorship Guide at https://lfx.linuxfoundation.org/projects/mentorship/guide.
2.1.5. If You participate in the Mentorship Service as a Mentee (during the Mentorship Opportunity as well as following Graduation), a Mentor, a Project Maintainer or an Employer, You consent to the inclusion and display of certain of your Account profile information in relation to the corresponding Project, to publicize Your involvement with the Mentorship Opportunities for that Project.
2.1.6. You will comply with the Codes of Conduct (as defined in the Platform Use Agreement) for the applicable Project(s) in Your use of the Mentorship Service. In the event of a dispute between You and another participant relating to the Mentorship Service (such as Your Mentor or Your Mentee, as applicable), if the dispute addresses topics covered by the applicable Project’s Code of Conduct, then the dispute shall be handled as set forth in that Code of Conduct. If the dispute does not address such topics, then it shall be resolved in the discretion of the Project Maintainer. If You are uncomfortable using the procedure set forth above, please reach out to our conflict mediator, Mishi Choudhary, at [email protected].
2.1.7. You are solely responsible for all interactions with other users of the Mentorship Service, and You understand and expressly agree that TLF does not have any liability for or control over any third party’s authenticity, integrity, abilities or responsibility. You acknowledge and agree that TLF is NOT a party to any oral or written agreement for services or any other contract entered into between users of the Mentorship Service, even if TLF facilitates communications between such users.
2.1.8. Your interactions with individuals and/or organizations found on or through the use of the Mentorship Service, including the performance of any services by such parties and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries You deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, any Mentor, Mentee, Project, Project Maintainer or Employer with whom You choose to interact as a result of Your use of the Mentorship Service. You understand that TLF does not and cannot make representations as to the suitability or fitness of any individual Mentee, Mentor, Project, Project Maintainer or Employer with whom You may decide to interact with on or through the Mentorship Service and/or the accuracy or suitability of any advice, information, or recommendations made by any user of the Mentorship Service.
2.1.9. IF THERE IS A DISPUTE BETWEEN USERS OF THE MENTORSHIP SERVICE, YOU ACKNOWLEDGE AND AGREE THAT TLF IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ANY THIRD PARTY, YOU HEREBY RELEASE TLF AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
2.1.10. By using the Mentorship Service, You agree to indemnify, defend and hold harmless the Indemnified Parties from and against any and all Losses arising from or relating to (a) any disputes between You, on the one hand, and any Mentee, Mentor, Project, Project Maintainer or Employer, regarding any Mentorship Opportunities or Your use of the Mentorship Service; and (b) Your non-compliance with any applicable laws or regulations, including without limitation those regarding employment, labor and taxation, relating to the Mentorship Service or Your use thereof.
2.1.11. If You are located in the People’s Republic of China, then for the purposes of this Section 2, (a) the Mentorship Service and Mentorship Opportunities are offered by (and “TLF” shall refer to) LF Asia, LLC and/or its third-party service providers, rather than The Linux Foundation; and (b) to the extent that applicable law does not permit the choice of law and venue set forth in the Platform Use Agreement, then any action related to this Section 2 shall be governed by the laws of the Hong Kong Special Administrative Region (without reference to conflict of law provisions) and any dispute regarding this Section 2 shall be subject to the sole jurisdiction of the courts of the Hong Kong Special Administrative Region.
2.2. Mentees. If You register as a Mentee with the Mentorship Service, You acknowledge and agree that:
2.2.1. You are not applying for employment with TLF. Any opportunities for Your employment with an Employer are solely between You and that Employer, and TLF has no responsibility or obligation to assist You or ensure that You receive opportunities for employment. Your participation in the Mentorship program, and any work that You perform in connection with the program, does not constitute or generate a financial or commercial benefit to the Project, to any participant in the Project, or to TLF. As such, any Mentorship program in which You participate does not constitute, and should in no way be considered, employment or an offer of employment with TLF, whether or not it includes a stipend. If your employment status or your ability to prepare and contribute to the Project as part of your Mentorship Opportunity changes at any time, you agree to promptly notify TLF in writing.
2.2.2. Because You are not employed by, or have any contractual employment relationship with, TLF, You acknowledge and agree that neither You nor any dependent or other individual claiming through You is eligible to participate in, or receive benefits under, any of the employee benefit plans maintained by TLF. You also agree never to make a claim under any of the TLF plans and You agree to indemnify and hold TLF and its plans and all those connected with them harmless from all liabilities and expenses in any way arising out of any such claim by You or by anyone claiming through You. You shall be solely responsible for any comprehensive general liability, automobile and other insurance and assume all risk in connection with the adequacy of any and all such insurance which you elect to obtain. You shall be solely responsible for all expenses incurred by You in the performance of any Mentorship Opportunities.
2.2.3. You may volunteer for consideration with one or more Mentorship Opportunities; however, Your participation in a Mentorship is subject to the decision by a Project and a Mentor whether to accept Your request for a Mentorship. TLF does not select Mentees and is not responsible for whether You are chosen for a Mentorship.
2.2.4. Mentorships without a stipend. Unless otherwise specified, Mentorship Opportunities do not include a stipend. If You participate in a Mentorship without a stipend, You acknowledge and agree that You will not receive a stipend, funding, or any other form of compensation accompanying your participation in that Mentorship. You further agree to refrain from asking the Mentors, Projects, Project Maintainers or TLF for any remuneration or compensation relating to that Mentorship.
2.2.5. Mentorships with a stipend. Some Mentorship Opportunities include a stipend where explicitly stated. If You participate in a Mentorship with a stipend, You acknowledge and agree that (a) Your ability to receive payment of any kind following completion of that Mentorship is subject to Your eligibility under applicable laws, including without limitation money laundering laws, and You must not be restricted from participating and receiving payment by United States export controls or sanctions programs; (b) You must accurately and timely complete and return any and all requisite documentation (such as tax forms); (c) You will only be eligible for payment of the applicable stipend upon your satisfactory completion of that Mentorship, as described more fully below; (d) You will be solely responsible for the payment of any and all taxes relating to the payment of the stipend, including any workers’ compensation insurance and unemployment insurance and for the withholding and payment of all federal, state or foreign income taxes (including, if applicable, US social security and Medicare taxes) and other legally-required payments on sums received from TLF; and (e) You are the intended final recipient of Your stipend and You are not receiving the stipend on behalf of anyone else.
2.2.6. During Your Mentorship Opportunity, You must devote a sufficient amount of time to completing the corresponding defined tasks. All of Your work product developed during Your Mentorship Opportunity, including without limitation source code, documentation and other content, must be contributed to the Project in accordance with the Project’s open source licensing and contribution policies.
2.2.7. You represent and warrant that all work product you submit to the Project (a) is your own original, previously unpublished and unproduced work; (b) is not submitted in violation of any obligation or agreement (including any obligation to any past or current employer); (c) does not contain any confidential information and does not infringe on any copyright or trademark or, to your knowledge, any patent; and (d) does not violate any applicable laws and is not malicious, defamatory, libelous, pornographic, or obscene.
2.2.8. Successful completion of a Mentorship Opportunity (“Graduation”) is dependent upon Your satisfactory completion of all of the tasks defined for Your Mentorship Opportunity within the designated time frame. Your Mentor is solely responsible for determining whether or not You have satisfactorily completed all such tasks.
2.2.9. Following Graduation, You may elect to connect with one or more Employers associated with the Project that provided Your Mentorship Opportunity, if any (“Employer Connections”). These Employer Connections are intended to facilitate discussions between You and Employers regarding potential employment opportunities. You understand that TLF has no involvement in any hiring process of any Employer Connections. TLF makes no guarantees about the availability of employment opportunities or Employer Connections and is not responsible for ensuring that You receive any potential or actual offers of employment following Graduation, and any Employer Connections are solely between You and the Employer.
2.2.10. You represent and warrant that: (a) you are participating in the Mentorship Opportunities as an individual; (b) you are not subject to any obligation (including any obligation to any current or former employer) or a party to any agreements that conflict with your actual authority to make your work product available to the applicable Project under its open source licensing and contribution policies; (c) you are eligible to work in the country in which you will reside throughout the duration of the applicable Mentorship Opportunities; (d) you are not currently identified on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control, U.S. Department of the Treasury (“OFAC”) nor on any other similar list maintained by OFAC pursuant to any authorizing statute, executive order or regulation; (e) you are not a person or entity with whom a citizen of the United States is prohibited to engage in transactions by any trade embargo, economic sanction, or other prohibition of United States law, regulation, or Executive Order of the President of the United States, including (at the time of this writing) Cuba, Iran, North Korea, Syria, Sudan, or the Crimea region of Ukraine.
2.2.11. If You are participating in a Mentorship Opportunity from outside the United States, then You represent and warrant that You have not engaged, and will not engage, in any U.S. Activities as part of your participation in the Mentorship Opportunity, and that no code development related to it has occurred within the United States. As used in this section, “U.S. Activities” involve an individual located in the United States or owning equipment in the United States that are involved in any way with revenue earned through the Mentorship Opportunity, including without limitation performing software development within the United States (meaning where either the computer and/or the developer are located in the United States).
2.3. Mentor. If You register as a Mentor with the Mentorship Service, You acknowledge and agree that:
2.3.1. As a Mentor, You are volunteering Your time, and sharing Your skills, experience and expertise in order to provide guidance and drive professional development of Mentees. Because You are volunteering Your time, You are not an employee of a Project, a Project Maintainer or TLF, nor are You applying for employment or being offered employment with a Project, Project Maintainer or TLF. You understand and agree that because TLF has nothing to do with any potential employment arrangements that could result from the Mentorship program, You shall not offer, or purport to offer, employment on behalf of TLF to any Mentee or any other third party, or state or imply that You are authorized to do so.
2.3.2. If You choose to serve as a Mentor to a Mentee who is accepted for a Mentorship Opportunity, You should devote a sufficient amount of time to advising, guiding and evaluating the performance of the Mentee. You should meet (preferably via voice or video calls) with the Mentee on a regular basis during their Mentorship Opportunity. You should use reasonable and objective criteria in evaluating whether the Mentee has satisfactorily completed all of the tasks defined for them, and whether they are therefore eligible for Graduation.
2.4. Project and Project Maintainer. If You register as a Project or a Project Maintainer with the Mentorship Service, You acknowledge and agree that:
2.4.1. You are not applying for employment with TLF, nor are you being offered employment by TLF. You shall not offer, or purport to offer, employment with or on behalf of TLF to any Mentee or any other third party, or state or imply that You are authorized to do so.
2.5. Employer. If You register an Organization as an “Employer” (each, an “Employer”) with the Mentorship Service, You acknowledge and agree that:
2.5.1. There is no relationship, direct or indirect, between any such registered Employer and TLF. A registered Employer may have employment opportunities for Mentees who have Graduated from the program, which opportunities have nothing to do with TLF. You shall not offer, or purport to offer, employment with or on behalf of TLF to any Mentee or any third party, or state or imply that you are authorized to do so.
2.5.2. Following a Mentee’s Graduation, the Mentee may elect to connect with an Employer to discuss potential employment opportunities. By registering as an Employer, You agree that You will take reasonable efforts to offer interviews and consideration for employment to Mentees with appropriate skills following their Graduation. TLF is not responsible for ensuring that You are provided access to potential qualified candidates for employment, and any interactions with Mentees relating to possible employment are solely between the Employer and the Mentee.
2.5.3. As an Employer, You agree to follow all applicable laws and regulations, including without limitation those relating to employment, labor and taxation.
3. Security Service. The following terms apply if You use the Security Service, including use of any reports, Fixes (as defined below) or data provided through the Security Service by Snyk, StackShare, HackerOne or other third-party service providers.
3.1. THE SECURITY SERVICE IS PROVIDED ‘AS IS’, ‘AS-AVAILABLE’ AND ‘WITH ALL FAULTS’, WITHOUT WARRANTY OF ANY KIND. FOR THE AVOIDANCE OF DOUBT, ALL DISCLAIMERS SET FORTH IN THE LFX PLATFORM USE AGREEMENT SHALL APPLY IN THEIR ENTIRETY TO THE SECURITY SERVICE, INCLUDING BUT NOT LIMITED TO TO ALL REPORTS, FIXES AND DATA MADE AVAILABLE THROUGH IT, ALL OF WHICH ARE MADE AVAILABLE TO YOU THROUGH THE SECURITY SERVICE SOLELY AS A CONVENIENCE AND GENERATED AUTOMATICALLY. TLF MAKES NO WARRANTY WHATSOEVER THAT THE REPORTS, FIXES AND DATA MADE AVAILABLE TO YOU THROUGH THE SECURITY SERVICE WILL BE COMPLETE, CORRECT OR NON-MISLEADING; THAT THE DEPENDENCIES, VULNERABILITIES, FIXES, LICENSES OR ANY OTHER INFORMATION WILL BE ACCURATE OR USEFUL; OR THAT THE REPORTS, FIXES AND DATA THAT ARE PROVIDED WILL BE OR REMAIN UP TO DATE. YOU ARE SOLELY RESPONSIBLE FOR THE USE OF SUCH REPORTS, FIXES AND DATA, AND FOR THE RESULTS OF WHATEVER ACTION YOU CHOOSE TO TAKE AS A RESULT THEREOF, INCLUDING WITHOUT LIMITATION ANY CHANGES YOU MAKE TO A PROJECT’S CODE OR DOCUMENTATION BASED ON SUCH REPORTS, FIXES AND DATA.
3.2. You acknowledge and agree that all reports, Fixes and data provided to you through the Security Service are provided in part or in full by TLF’s third-party service providers. You will comply with any and all terms of service corresponding to the receipt of services from such service providers.
3.3. If You choose to incorporate any recommended fixes that You receive through the Security Service (“Fixes”) into a Project or Your other products or service offerings, You acknowledge and agree that such Fixes (i) are provided and licensed to You by TLF’s third party service provider, and not by TLF; (ii) are solely Your responsibility to review and determine whether they are appropriate to incorporate into a Project or Your other products or service offerings; and (iii) are not accompanied by any warranty or commitment whatsoever from TLF.
4. EasyCLA Service. The following terms apply if You use the EasyCLA Service.
4.1. For the avoidance of doubt, this Agreement does not itself constitute a Contributor License Agreement, and any Contributor License Agreement is governed by its own terms. This Agreement governs the use of the EasyCLA Service. TLF is not providing You with legal advice regarding any Contributor License Agreement. You should discuss with Your own legal counsel any decision to enter into or take actions under a Contributor License Agreement.
4.2. You shall only use the EasyCLA Service on behalf of (1) Yourself, and (2) a third party (such as Your employer) for whom You are authorized to undertake the actions that You perform using the EasyCLA Service. For example, You shall only sign a Contributor License Agreement on behalf of an entity for which You are an authorized signatory. If You are not so authorized, then You shall not take or purport to take, or misrepresent Yourself as authorized to take, any action on behalf of a third party. For example, You shall not attempt to create a record in the EasyCLA Service for a third-party entity if You are not authorized by that entity to do so.
4.3. If You request TLF personnel to assist You with administrative tasks using the EasyCLA Service, then by doing so You confirm (for Yourself and for the third party on whose behalf You are acting) that all such actions by TLF personnel to assist in Your request shall be deemed to be actions undertaken by You under the applicable Contributor License Agreement. For example, if You request TLF personnel to assist You with adding email addresses or domain names to a whitelist for a signed Contributor License Agreement within the EasyCLA Service, then by making the request You confirm that those additions to the whitelist shall be deemed to have been performed by You under the applicable Contributor License Agreement.
5. Member Enrollment Service. The following terms apply if You use the Member Enrollment Service.
5.1. For the avoidance of doubt, this Agreement does not itself constitute a membership agreement or participation agreement with TLF or any Projects. Any membership agreement or participation agreement is governed by its own terms. This Agreement governs the use of the Member Enrollment Service. TLF is not providing You with legal advice regarding any membership agreement or participation agreement. You should discuss with Your own legal counsel any decision to enter into or take actions under a membership agreement or participation agreement.
5.2. You shall only use the Member Enrollment Service on behalf of (1) Yourself, and (2) a third party (such as Your employer) for whom You are authorized to undertake the actions that You perform using the Member Enrollment Service. For example, You shall only sign a membership agreement or participation agreement on behalf of an entity for which You are an authorized signatory. If You are not so authorized, then You shall not take or purport to take, or misrepresent Yourself as authorized to take, any action on behalf of a third party.
6. Insights Service. The following terms apply if You use the Insights Service.
6.1. Any data that You access or obtain via the Insights Service (the “Insights Data“) is made available pursuant to the TLF Privacy Policy, available at https://www.linuxfoundation.org/privacy/. You shall not not use any Insights Data in any manner that could be considered a violation of the Privacy Policy. You shall not use any Insights Data for purposes of marketing to individual Project contributors. You shall not create or maintain separate lists of individual Project contributors consisting of all or a part of the Insights Data.
6.2. If You use the Insights Service to update information about third party participants in a Project, then You shall not submit any information that is false, inaccurate or misleading.
7. Individual Dashboard Service. The following terms apply if You use the Individual Dashboard Service.
7.1. You may use the Individual Dashboard Service to view and, in some cases, to edit or remove some of the information in the Platform relating to Your Account. If you edit or update any of the information relating to Your Account via the Individual Dashboard Service, You shall not submit any information that is false, inaccurate or misleading. You will not enter information on behalf of a third party without their permission.