<h2>Terms of Service</h2>
-The following terms and conditions govern all use of the
-{{ app_config['html_title'] }} website and all content, services and products
+The following terms and conditions govern all use of the
+{{ app_config['html_title'] }} website and all content, services and products
available at or through the website (taken together, the Website). The Website
-is owned and operated by Status.net (“Operator”). The Website is offered
-subject to your acceptance without modification of all of the terms and
-conditions contained herein and all other operating rules, policies
-(including, without limitation, Operator’s Privacy Policy) and procedures
+is owned and operated by Status.net (“Operator”). The Website is offered
+subject to your acceptance without modification of all of the terms and
+conditions contained herein and all other operating rules, policies
+(including, without limitation, Operator’s Privacy Policy) and procedures
that may be published from time to time on this Site by Operator (collectively,
the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Operator, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
<ol>
- <li>Your {{ app_config['html_title'] }} Account and Site. If you create a
- notice stream on the Website, you are responsible for maintaining the
- security of your account and notice stream, and you are fully responsible
+ <li>Your {{ app_config['html_title'] }} Account and Site. If you create a
+ notice stream on the Website, you are responsible for maintaining the
+ security of your account and notice stream, and you are fully responsible
for all activities that occur under the account and any other actions taken
- in connection with the notice stream. You must not describe or assign
- keywords to your notice stream in a misleading or unlawful manner,
- including in a manner intended to trade on the name or reputation of
- others, and Operator may change or remove any description or keyword that
- it considers inappropriate or unlawful, or otherwise likely to cause
- Operator liability. You must immediately notify Operator of any
+ in connection with the notice stream. You must not describe or assign
+ keywords to your notice stream in a misleading or unlawful manner,
+ including in a manner intended to trade on the name or reputation of
+ others, and Operator may change or remove any description or keyword that
+ it considers inappropriate or unlawful, or otherwise likely to cause
+ Operator liability. You must immediately notify Operator of any
unauthorized uses of your notice stream, your account or any other breaches
- of security. Operator will not be liable for any acts or omissions by You,
- including any damages of any kind incurred as a result of such acts or
+ of security. Operator will not be liable for any acts or omissions by You,
+ including any damages of any kind incurred as a result of such acts or
omissions.
</li>
- <li>Responsibility of Contributors. If you operate a notice stream, comment
- on a notice stream, post material to the Website, post links on the
- Website, or otherwise make (or allow any third party to make) material
- available by means of the Website (any such material, “Content”), You are
+ <li>Responsibility of Contributors. If you operate a notice stream, comment
+ on a notice stream, post material to the Website, post links on the
+ Website, or otherwise make (or allow any third party to make) material
+ available by means of the Website (any such material, “Content”), You are
entirely responsible for the content of, and any harm resulting from, that
- Content. That is the case regardless of whether the Content in question
+ Content. That is the case regardless of whether the Content in question
constitutes text, graphics, an audio file, or computer software. By making
Content available, you represent and warrant that:
<ul>
- <li>the downloading, copying and use of the Content will not infringe
- the proprietary rights, including but not limited to the copyright,
+ <li>the downloading, copying and use of the Content will not infringe
+ the proprietary rights, including but not limited to the copyright,
patent, trademark or trade secret rights, of any third party;
</li>
<li>if your employer has rights to intellectual property you create, you
have either (i) received permission from your employer to post or make
- available the Content, including but not limited to any software, or
+ available the Content, including but not limited to any software, or
(ii) secured from your employer a waiver as to all rights in or to the
Content;
</li>
<li>you have fully complied with any third-party licenses relating to the
- Content, and have done all things necessary to successfully pass
+ Content, and have done all things necessary to successfully pass
through to end users any required terms;
</li>
<li>the Content does not contain or install any viruses, worms, malware,
Trojan horses or other harmful or destructive content;
</li>
- <li>the Content is not spam, and does not contain unethical or unwanted
- commercial content designed to drive traffic to third party sites or
- boost the search engine rankings of third party sites, or to further
- unlawful acts (such as phishing) or mislead recipients as to the
+ <li>the Content is not spam, and does not contain unethical or unwanted
+ commercial content designed to drive traffic to third party sites or
+ boost the search engine rankings of third party sites, or to further
+ unlawful acts (such as phishing) or mislead recipients as to the
source of the material (such as spoofing);
</li>
<li>if the Content is machine- or randomly-generated, it is for purposes
- of direct entertainment, information and/or utility for you or other
+ of direct entertainment, information and/or utility for you or other
users, and not for spam,
</li>
- <li>the Content is not libelous or defamatory (more info on what that
+ <li>the Content is not libelous or defamatory (more info on what that
means), does not contain threats or incite violence towards individuals
- or entities, and does not violate the privacy or publicity rights of
+ or entities, and does not violate the privacy or publicity rights of
any third party;
</li>
<li>your notice stream is not getting advertised via unwanted electronic
- messages such as spam links on newsgroups, email lists, other notice
+ messages such as spam links on newsgroups, email lists, other notice
streams and web sites, and similar unsolicited promotional methods;
</li>
- <li>your notice stream is not named in a manner that misleads your
- readers into thinking that you are another person or company. For
- example, your notice stream’s URL or name is not the name of a person
+ <li>your notice stream is not named in a manner that misleads your
+ readers into thinking that you are another person or company. For
+ example, your notice stream’s URL or name is not the name of a person
other than yourself or company other than your own; and
</li>
- <li>you have, in the case of Content that includes computer code,
- accurately categorized and/or described the type, nature, uses and
- effects of the materials, whether requested to do so by Operator or
+ <li>you have, in the case of Content that includes computer code,
+ accurately categorized and/or described the type, nature, uses and
+ effects of the materials, whether requested to do so by Operator or
otherwise.</li>
</ul>
By submitting Content to Operator for inclusion on your Website, you grant
- Operator a world-wide, royalty-free, and non-exclusive license to
+ Operator a world-wide, royalty-free, and non-exclusive license to
reproduce, modify, adapt and publish the Content solely for the purpose of
displaying, distributing and promoting your notice stream.
By submitting Content to Operator for inclusion on your Website, you grant
- all readers the right to use, re-use, modify and/or re-distribute the
+ all readers the right to use, re-use, modify and/or re-distribute the
Content under the terms of the Creative Commons Attribution 3.0.
- If you delete Content, Operator will use reasonable efforts to remove it
- from the Website, but you acknowledge that caching or references to the
+ If you delete Content, Operator will use reasonable efforts to remove it
+ from the Website, but you acknowledge that caching or references to the
Content may not be made immediately unavailable.
- Without limiting any of those representations or warranties, Operator has
- the right (though not the obligation) to, in Operator’s sole discretion
- (i) refuse or remove any content that, in Operator’s reasonable opinion,
+ Without limiting any of those representations or warranties, Operator has
+ the right (though not the obligation) to, in Operator’s sole discretion
+ (i) refuse or remove any content that, in Operator’s reasonable opinion,
violates any Operator policy or is in any way harmful or objectionable, or
- (ii) terminate or deny access to and use of the Website to any individual
+ (ii) terminate or deny access to and use of the Website to any individual
or entity for any reason, in Operator’s sole discretion.
</li>
<li>Responsibility of Website Visitors. Operator has not reviewed, and cannot
- review, all of the material, including computer software, posted to the
- Website, and cannot therefore be responsible for that material’s content,
- use or effects. By operating the Website, Operator does not represent or
- imply that it endorses the material there posted, or that it believes such
- material to be accurate, useful or non-harmful. 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. The Website may contain content that is offensive,
- indecent, or otherwise objectionable, as well as content containing
- technical inaccuracies, typographical mistakes, and other errors. The
- Website 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. Operator
+ review, all of the material, including computer software, posted to the
+ Website, and cannot therefore be responsible for that material’s content,
+ use or effects. By operating the Website, Operator does not represent or
+ imply that it endorses the material there posted, or that it believes such
+ material to be accurate, useful or non-harmful. 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. The Website may contain content that is offensive,
+ indecent, or otherwise objectionable, as well as content containing
+ technical inaccuracies, typographical mistakes, and other errors. The
+ Website 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. Operator
disclaims any responsibility for any harm resulting from the use by
- visitors of the Website, or from any downloading by those visitors of
+ visitors of the Website, or from any downloading by those visitors of
content there posted.
</li>
- <li>Content Posted on Other Websites. We have not reviewed, and cannot
+ <li>Content Posted on Other Websites. We have not reviewed, and cannot
review, all of the material, including computer software, made available
- through the websites and webpages to which {{ app_config['html_title'] }}
- links, and that link to {{ app_config['html_title'] }}. Operator does not
- have any control over those external websites and webpages, and is not
- responsible for their contents or their use. By linking to a external
- website or webpage, Operator does not represent or imply that it endorses
- such website or webpage. 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. Operator
- disclaims any responsibility for any harm resulting from your use of
+ through the websites and webpages to which {{ app_config['html_title'] }}
+ links, and that link to {{ app_config['html_title'] }}. Operator does not
+ have any control over those external websites and webpages, and is not
+ responsible for their contents or their use. By linking to a external
+ website or webpage, Operator does not represent or imply that it endorses
+ such website or webpage. 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. Operator
+ disclaims any responsibility for any harm resulting from your use of
external websites and webpages.
</li>
- <li>Copyright Infringement and DMCA Policy. As Operator asks others to
- respect its intellectual property rights, it respects the intellectual
- property rights of others. If you believe that material located on or
- linked to by {{ app_config['html_title'] }} violates your copyright, you
- are encouraged to notify Operator in accordance with Operator’s Digital
- Millennium Copyright Act (”DMCA”) Policy. Operator will respond to all
- such notices, including as required or appropriate by removing the
- infringing material or disabling all links to the infringing material. In
- the case of a visitor who may infringe or repeatedly infringes the
+ <li>Copyright Infringement and DMCA Policy. As Operator asks others to
+ respect its intellectual property rights, it respects the intellectual
+ property rights of others. If you believe that material located on or
+ linked to by {{ app_config['html_title'] }} violates your copyright, you
+ are encouraged to notify Operator in accordance with Operator’s Digital
+ Millennium Copyright Act (”DMCA”) Policy. Operator will respond to all
+ such notices, including as required or appropriate by removing the
+ infringing material or disabling all links to the infringing material. In
+ the case of a visitor who may infringe or repeatedly infringes the
copyrights or other intellectual property rights of Operator or others,
- Operator may, in its discretion, terminate or deny access to and use of
- the Website. In the case of such termination, Operator will have no
+ Operator may, in its discretion, terminate or deny access to and use of
+ the Website. In the case of such termination, Operator will have no
obligation to provide a refund of any amounts previously paid to Operator.
</li>
<li>Intellectual Property. This Agreement does not transfer from Operator to
- you any Operator or third party intellectual property, and all right,
+ you any Operator or third party intellectual property, and all right,
title and interest in and to such property will remain (as between the
- parties) solely with Operator. {{ app_config['html_title'] }}, the
- {{ app_config['html_title'] }} logo, and all other trademarks, service
- marks, graphics and logos used in connection with
- {{ app_config['html_title'] }}, or the Website are trademarks or
- registered trademarks of Operator or Operator’s licensors. Other
- trademarks, service marks, graphics and logos used in connection with the
- Website may be the trademarks of other third parties. Your use of the
- Website grants you no right or license to reproduce or otherwise use any
+ parties) solely with Operator. {{ app_config['html_title'] }}, the
+ {{ app_config['html_title'] }} logo, and all other trademarks, service
+ marks, graphics and logos used in connection with
+ {{ app_config['html_title'] }}, or the Website are trademarks or
+ registered trademarks of Operator or Operator’s licensors. Other
+ trademarks, service marks, graphics and logos used in connection with the
+ Website may be the trademarks of other third parties. Your use of the
+ Website grants you no right or license to reproduce or otherwise use any
Operator or third-party trademarks.
</li>
- <li>Changes. Operator reserves the right, at its sole discretion, to modify
+ <li>Changes. Operator reserves the right, at its sole discretion, to modify
or replace any part of this Agreement. It is your responsibility to check
- this Agreement periodically for changes. Your continued use of or access
- to the Website following the posting of any changes to this Agreement
+ this Agreement periodically for changes. Your continued use of or access
+ to the Website following the posting of any changes to this Agreement
constitutes acceptance of those changes. Operator may also, in the future,
- offer new services and/or features through the Website (including, the
- release of new tools and resources). Such new features and/or services
+ offer new services and/or features through the Website (including, the
+ release of new tools and resources). Such new features and/or services
shall be subject to the terms and conditions of this Agreement.
</li>
- <li>Termination. Operator may terminate your access to all or any part of
- the Website at any time, with or without cause, with or without notice,
- effective immediately. If you wish to terminate this Agreement or your
- {{ app_config['html_title'] }} account (if you have one), you may simply
- discontinue using the Website. All provisions of this Agreement which by
- their nature should survive termination shall survive termination,
+ <li>Termination. Operator may terminate your access to all or any part of
+ the Website at any time, with or without cause, with or without notice,
+ effective immediately. If you wish to terminate this Agreement or your
+ {{ app_config['html_title'] }} account (if you have one), you may simply
+ discontinue using the Website. All provisions of this Agreement which by
+ their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
</li>
- <li>Disclaimer of Warranties. The Website is provided “as is”. Operator and
- its suppliers and licensors hereby disclaim all warranties of any kind,
- express or implied, including, without limitation, the warranties of
- merchantability, fitness for a particular purpose and non-infringement.
- Neither Operator nor its suppliers and licensors, makes any warranty that
- the Website will be error free or that access thereto will be continuous
- or uninterrupted. If you’re actually reading this, here’s a treat. You
+ <li>Disclaimer of Warranties. The Website is provided “as is”. Operator and
+ its suppliers and licensors hereby disclaim all warranties of any kind,
+ express or implied, including, without limitation, the warranties of
+ merchantability, fitness for a particular purpose and non-infringement.
+ Neither Operator nor its suppliers and licensors, makes any warranty that
+ the Website will be error free or that access thereto will be continuous
+ or uninterrupted. If you’re actually reading this, here’s a treat. You
understand that you download from, or otherwise obtain content or services
through, the Website at your own discretion and risk.
</li>
- <li>Limitation of Liability. In no event will Operator, or its suppliers or
- licensors, be liable with respect to any subject matter of this agreement
- under any contract, negligence, strict liability or other legal or
+ <li>Limitation of Liability. In no event will Operator, or its suppliers or
+ licensors, be liable with respect to any subject matter of this agreement
+ under any contract, negligence, strict liability or other legal or
equitable theory for: (i) any special, incidental or consequential damages;
(ii) the cost of procurement or substitute products or services; (iii) for
interruption of use or loss or corruption of data; or (iv) for any amounts
that exceed the fees paid by you to Operator under this agreement during
- the twelve (12) month period prior to the cause of action. Operator shall
- have no liability for any failure or delay due to matters beyond their
+ the twelve (12) month period prior to the cause of action. Operator shall
+ have no liability for any failure or delay due to matters beyond their
reasonable control. The foregoing shall not apply to the extent prohibited
by applicable law.
</li>
- <li>General Representation and Warranty. You represent and warrant that (i)
- your use of the Website will be in strict accordance with the Operator
- Privacy Policy, with this Agreement and with all applicable laws and
- regulations (including without limitation any local laws or regulations in
- your country, state, city, or other governmental area, regarding online
+ <li>General Representation and Warranty. You represent and warrant that (i)
+ your use of the Website will be in strict accordance with the Operator
+ Privacy Policy, with this Agreement and with all applicable laws and
+ regulations (including without limitation any local laws or regulations in
+ your country, state, city, or other governmental area, regarding online
conduct and acceptable content, and including all applicable laws regarding
- the transmission of technical data exported from the United States or the
- country in which you reside) and (ii) your use of the Website will not
- infringe or misappropriate the intellectual property rights of any third
+ the transmission of technical data exported from the United States or the
+ country in which you reside) and (ii) your use of the Website will not
+ infringe or misappropriate the intellectual property rights of any third
party.
</li>
- <li>Indemnification. You agree to indemnify and hold harmless Operator, its
- contractors, and its licensors, and their respective directors, officers,
- employees and agents from and against any and all claims and expenses,
- including attorneys’ fees, arising out of your use of the Website,
+ <li>Indemnification. You agree to indemnify and hold harmless Operator, its
+ contractors, and its licensors, and their respective directors, officers,
+ employees and agents from and against any and all claims and expenses,
+ including attorneys’ fees, arising out of your use of the Website,
including but not limited to out of your violation this Agreement.
</li>
<li>Miscellaneous. This Agreement constitutes the entire agreement between
Operator and you concerning the subject matter hereof, and they may only
be modified by a written amendment signed by an authorized executive of
Operator, or by the posting by Operator of a revised version. If any part
- of this Agreement is held invalid or unenforceable, that part will be
- construed to reflect the parties’ original intent, and the remaining
+ of this Agreement is held invalid or unenforceable, that part will be
+ construed to reflect the parties’ original intent, and the remaining
portions will remain in full force and effect. A waiver by either party of
any term or condition of this Agreement or any breach thereof, in any one
- instance, will not waive such term or condition or any subsequent breach
+ instance, will not waive such term or condition or any subsequent breach
thereof. You may assign your rights under this Agreement to any party that
consents to, and agrees to be bound by, its terms and conditions; Operator
- may assign its rights under this Agreement without condition. This
- Agreement will be binding upon and will inure to the benefit of the
+ may assign its rights under this Agreement without condition. This
+ Agreement will be binding upon and will inure to the benefit of the
parties, their successors and permitted assigns.
</li>
</ol>
Originally published by Automattic, Inc. as the WordPress.com Terms of Service
and made available by them under the Creative Commons Attribution-
-ShareAlike 3.0 License. Modifications to remove reference to "VIP services",
-rename "blog" to "notice stream", remove the choice-of-venue clause, and add
+ShareAlike 3.0 License. Modifications to remove reference to "VIP services",
+rename "blog" to "notice stream", remove the choice-of-venue clause, and add
variables specific to instances of this software made by Control Yourself, Inc.
and made available under the terms of the same license.
projects / mediagoblin.git / commitdiff