I read the publishing terms and i would to talk about it.
- What is the risk of indemnity when publishing files even if it are in compliance with the terms?
Imagine somebody claims unfair anything against the site (or lie about have any damage) using a file uploaded by any user (but file in compliance with the terms, no virus, no trojan, etc), the user who uploaded the file need to indemnity and pay “reasonable legal and accounting fees” in this scenario ?
Look like very dangerous and risk upload any file to your site.
" Indemnity and Liability
You will defend, indemnify and hold harmless Opendesktop .org, including its employees and affiliates, from and against any claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms, including any third party claims that Files submitted to the Service by You infringe or violate any third party rights. However, this limitation of liability does not intend to exclude the liability of Opendesktop .org for the intentional and/or deliberate recklessness of Opendesktop .org themselves (“their own acts”) and or the management of Opendesktop .org.
In no event will Opendesktop .org be liable to You or to any third party for any damages arising out of use of the Website or Service, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not Opendesktop .org has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. Opendesktop .org will not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide the Service or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service and/or the impossibility of using it insofar as this is allowed under mandatory law. In the event Opendesktop .org is liable for damage under mandatory law, Opendesktop .org aggregate liability to you for any and all claims arising out of or in connection with the use of the Service will in no event exceed one hundred euro (100) per incident."Preformatted text