342 lines
19 KiB
Plaintext
342 lines
19 KiB
Plaintext
The gist
|
||
--------
|
||
|
||
We (the folks at [%%site.broughtby%%](%%site.broughtbyurl%%)) run a
|
||
service called %%site.name%% and would love for you to use it. Our
|
||
basic service is free, and we offer paid upgrades for advanced
|
||
features such as domain hosting and extra storage. Our service is
|
||
designed to give you as much control and ownership over what goes on
|
||
your blog as possible and encourage you to express yourself freely.
|
||
However, be responsible in what you blog. In particular, make sure
|
||
that none of the prohibited items listed below appear on your blog or
|
||
get linked to from your blog (things like spam, viruses, or hate
|
||
content).
|
||
|
||
You can check our page on types of blogs to get a sense of the types
|
||
of sites that are welcome on our service (or not!). If you find a
|
||
%%site.name%% blog that you believe violates our terms of service,
|
||
please check our complaints page.
|
||
|
||
(Note, we’ve decided to make the below Terms of Service available
|
||
under a Creative Commons Sharealike license, which means you’re more
|
||
than welcome to steal it and repurpose it for your own use, just make
|
||
sure to replace references to us with ones to you, and if you want
|
||
we’d appreciate a link to %%site.name%% somewhere on your site. We
|
||
spent a lot of money and time on the below, and other people shouldn’t
|
||
need to do the same.)
|
||
|
||
Terms of Service
|
||
----------------
|
||
|
||
The following terms and conditions govern all use of the %%site.name%%
|
||
website and all content, services and products available at or through
|
||
the website (taken together, the Website). The Website is owned and
|
||
operated by %%site.broughtby%% (“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><strong>Your %%site.name%% Account and Site.</strong> If you
|
||
create a blog on the Website, you are responsible for maintaining the
|
||
security of your account and blog, and you are fully responsible for
|
||
all activities that occur under the account and any other actions
|
||
taken in connection with the blog. You must not describe or assign
|
||
keywords to your blog 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 blog, 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 omissions.</li>
|
||
|
||
<li><strong>Responsibility of Contributors.</strong> If you operate a blog, comment on a
|
||
blog, 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 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,
|
||
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 (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 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, is not machine- or randomly-generated, 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>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 any third party;</li>
|
||
|
||
<li>your blog is not getting advertised via unwanted electronic
|
||
messages such as spam links on newsgroups, email lists, other blogs
|
||
and web sites, and similar unsolicited promotional methods;</li>
|
||
|
||
<li>your blog is not named in a manner that misleads your
|
||
readers into thinking that you are another person or company. For
|
||
example, your blog’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 otherwise.</li>
|
||
|
||
</ul>
|
||
|
||
<p>By submitting Content to Operator for inclusion on your Website, you
|
||
grant 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 blog. 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.</p>
|
||
|
||
<p>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 or entity for any reason, in
|
||
Operator’s sole discretion. Operator will have no obligation to
|
||
provide a refund of any amounts previously paid.</p>
|
||
</li>
|
||
|
||
<li><strong>Fees and Payment.</strong> Optional premium paid services such as extra
|
||
storage, domain purchases or VIP hosting are available on the Website.
|
||
By selecting a premium service you agree to pay Operator the monthly
|
||
or annual subscription fees indicated for that service (the payment
|
||
terms for VIP hosting are described below). Payments will be charged
|
||
on the day you sign up for a premium service and will cover the use of
|
||
that service for a monthly or annual period as indicated. Premium
|
||
service fees are not refundable.</li>
|
||
|
||
<li><strong>VIP Services.</strong>
|
||
|
||
<ul>
|
||
<li><strong>Fees; Payment.</strong> By signing up for a VIP Services account
|
||
you agree to pay Operator the setup fees and monthly hosting fees
|
||
indicated at http://wordpress.com/vip-hosting/ in exchange for the
|
||
services listed at http://wordpress.com/vip-hosting/. Applicable fees
|
||
will be invoiced starting from the day your VIP Services are
|
||
established and in advance of using such services. Operator reserves
|
||
the right to change the payment terms and fees upon thirty (30) days
|
||
prior written notice to you. VIP Services can be canceled by you at
|
||
anytime on 30 days written notice to Operator.
|
||
</li>
|
||
<li><strong>Support.</strong> VIP Services include access to priority email
|
||
support. “Email support” means the ability to make requests for
|
||
technical support assistance by email at any time (with reasonable
|
||
efforts by Operator to respond within one business day) concerning
|
||
the use of the VIP Services. “Priority” means that support for VIP
|
||
Services customers takes priority over support for users of the
|
||
standard, free %%site.name%% blogging services. All VIP Services
|
||
support will be provided in accordance with Operator standard VIP
|
||
Services practices, procedures and policies.
|
||
</li>
|
||
</ul>
|
||
</li>
|
||
|
||
<li><strong>Responsibility of Website Visitors.</strong> 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
|
||
disclaims any responsibility for any harm resulting from the use by
|
||
visitors of the Website, or from any downloading by those visitors of
|
||
content there posted.</li>
|
||
|
||
<li><strong>Content Posted on Other Websites.</strong> We have not reviewed, and
|
||
cannot review, all of the material, including computer software, made
|
||
available through the websites and webpages to which %%site.name%%
|
||
links, and that link to %%site.name%%. Operator does not have any
|
||
control over those non-WordPress websites and webpages, and is not
|
||
responsible for their contents or their use. By linking to a
|
||
non-WordPress 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 non-WordPress websites and
|
||
webpages.</li>
|
||
|
||
<li><strong>Copyright Infringement and DMCA Policy.</strong> 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 %%site.name%% 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 obligation to provide a
|
||
refund of any amounts previously paid to Operator.</li>
|
||
|
||
<li><strong>Intellectual Property.</strong> This Agreement does not transfer from
|
||
Operator to 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. Operator,
|
||
WordPress, %%site.name%%, the %%site.name%% logo, and all other
|
||
trademarks, service marks, graphics and logos used in connection with
|
||
%%site.name%%, 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><strong>Changes.</strong> 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 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 shall be subject to the
|
||
terms and conditions of this Agreement.</li>
|
||
|
||
<li><strong>Termination.</strong> 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 %%site.name%% account (if you have one), you may
|
||
simply discontinue using the Website. Notwithstanding the foregoing,
|
||
if you have a VIP Services account, such account can only be
|
||
terminated by Operator if you materially breach this Agreement and
|
||
fail to cure such breach within thirty (30) days from Operator’s
|
||
notice to you thereof; provided that, Operator can terminate the
|
||
Website immediately as part of a general shut down of our service. 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><strong>Disclaimer of Warranties.</strong> 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><strong>Limitation of Liability.</strong> 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
|
||
reasonable control. The foregoing shall not apply to the extent
|
||
prohibited by applicable law.</li>
|
||
|
||
<li><strong>General Representation and Warranty.</strong> 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 party.</li>
|
||
|
||
<li><strong>Indemnification.</strong> 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><strong>Miscellaneous.</strong> 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. Except to the extent applicable law, if any,
|
||
provides otherwise, this Agreement, any access to or use of the
|
||
Website will be governed by the laws of the state of California,
|
||
U.S.A., excluding its conflict of law provisions, and the proper venue
|
||
for any disputes arising out of or relating to any of the same will be
|
||
the state and federal courts located in San Francisco County,
|
||
California. Except for claims for injunctive or equitable relief or
|
||
claims regarding intellectual property rights (which may be brought in
|
||
any competent court without the posting of a bond), any dispute
|
||
arising under this Agreement shall be finally settled in accordance
|
||
with the Comprehensive Arbitration Rules of the Judicial Arbitration
|
||
and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in
|
||
accordance with such Rules. The arbitration shall take place in San
|
||
Francisco, California, in the English language and the arbitral
|
||
decision may be enforced in any court. The prevailing party in any
|
||
action or proceeding to enforce this Agreement shall be entitled to
|
||
costs and attorneys’ fees. 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 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 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 parties, their successors and permitted
|
||
assigns.</li>
|
||
</ol>
|
||
|
||
*Originally published by Automattic, Inc. as the [WordPress.com Terms
|
||
of Service](http://en.wordpress.com/tos/) and made available by them
|
||
under the [Creative Commons Attribution-ShareAlike 3.0
|
||
License](http://creativecommons.org/licenses/by-sa/3.0/).* |