tos 16 KB

  1. <!-- Copyright 2008-2010 StatusNet Inc. and contributors. -->
  2. <!-- Document licensed under Creative Commons Attribution 3.0 Unported. See -->
  3. <!-- for details. -->
  4. The gist
  5. --------
  6. We (the folks at [%%site.broughtby%%](%%site.broughtbyurl%%)) run a
  7. service called and would love for you to use it. Our
  8. service is designed to give you as much control and ownership over
  9. what goes in your notice stream as possible and encourage you to
  10. express yourself freely. However, be responsible in what you post. In
  11. particular, make sure that none of the prohibited items listed below
  12. appear in your notice stream or get linked to from your notice stream (things
  13. like spam, viruses, or hate content).
  14. You can review our [Public Stream]( to get a sense
  15. of the types of notices that are welcome on our service (or not!). If
  16. you find a account that you believe violates our terms
  17. of service, please check our [Contact]( documentation.
  18. (Note: Automattic, Inc., original creators of the below Terms of
  19. Service, decided to make them available under a Creative Commons
  20. Sharealike license, which means you’re more than welcome to steal it
  21. and repurpose it for your own use. Just make sure to replace
  22. references to us with ones to you. They’d appreciate a link to
  23. []( somewhere on your site.
  24. They spent a lot of money and time on the below, and other people
  25. shouldn’t need to do the same. (We didn't!))
  26. Terms of Service
  27. ----------------
  28. The following terms and conditions govern all use of the
  29. website and all content, services and products available at or through
  30. the website (taken together, the Website). The Website is owned and
  31. operated by %%site.broughtby%% (“Operator”). The Website is offered
  32. subject to your acceptance without modification of all of the terms
  33. and conditions contained herein and all other operating rules,
  34. policies (including, without limitation, Operator’s [Privacy
  35. Policy](%%doc.privacy%%))
  36. and procedures that may be published from time to time on this Site by
  37. Operator (collectively, the “Agreement”).
  38. Please read this Agreement carefully before accessing or using the
  39. Website. By accessing or using any part of the web site, you agree to
  40. become bound by the terms and conditions of this agreement. If you do
  41. not agree to all the terms and conditions of this agreement, then you
  42. may not access the Website or use any services. If these terms and
  43. conditions are considered an offer by Operator, acceptance is
  44. expressly limited to these terms. The Website is available only to
  45. individuals who are at least 13 years old.
  46. <ol>
  47. <li><strong>Your Account and Site.</strong> If you
  48. create a notice stream on the Website, you are responsible for
  49. maintaining the security of your account and notice stream, and you
  50. are fully responsible for all activities that occur under the account
  51. and any other actions taken in connection with the notice stream. You
  52. must not describe or assign keywords to your notice stream in a
  53. misleading or unlawful manner, including in a manner intended to trade
  54. on the name or reputation of others, and Operator may change or remove
  55. any description or keyword that it considers inappropriate or
  56. unlawful, or otherwise likely to cause Operator liability. You must
  57. immediately notify Operator of any unauthorized uses of your notice
  58. stream, your account or any other breaches of security. Operator will
  59. not be liable for any acts or omissions by You, including any damages
  60. of any kind incurred as a result of such acts or omissions.</li>
  61. <li><strong>Responsibility of Contributors.</strong> If you operate a
  62. notice stream, comment on a notice stream, post material to the
  63. Website, post links on the Website, or otherwise make (or allow any
  64. third party to make) material available by means of the Website (any
  65. such material, “Content”), You are entirely responsible for the
  66. content of, and any harm resulting from, that Content. That is the
  67. case regardless of whether the Content in question constitutes text,
  68. graphics, an audio file, or computer software. By making Content
  69. available, you represent and warrant that:
  70. <ul>
  71. <li>the downloading, copying and use of the Content will not infringe
  72. the proprietary rights, including but not limited to the copyright,
  73. patent, trademark or trade secret rights, of any third party;</li>
  74. <li>if your employer has rights to intellectual property you create,
  75. you have either (i) received permission from your employer to post or
  76. make available the Content, including but not limited to any software,
  77. or (ii) secured from your employer a waiver as to all rights in or to
  78. the Content;</li>
  79. <li>you have fully complied with any third-party licenses
  80. relating to the Content, and have done all things necessary to
  81. successfully pass through to end users any required terms;</li>
  82. <li>the Content does not contain or install any viruses, worms, malware,
  83. Trojan horses or other harmful or destructive content;</li>
  84. <li>the Content is not spam, and does not contain unethical or
  85. unwanted commercial content designed to drive traffic to third party
  86. sites or boost the search engine rankings of third party sites, or to
  87. further unlawful acts (such as phishing) or mislead recipients as to
  88. the source of the material (such as spoofing);</li>
  89. <li>if the Content is machine- or randomly-generated, it is for
  90. purposes of direct entertainment, information and/or utility for you
  91. or other users, and not for spam,</li>
  92. <li>the Content is not libelous or defamatory (more info on
  93. what that means), does not contain threats or incite violence towards
  94. individuals or entities, and does not violate the privacy or publicity
  95. rights of any third party;</li>
  96. <li>your notice stream is not getting advertised via unwanted electronic
  97. messages such as spam links on newsgroups, email lists, other notice streams
  98. and web sites, and similar unsolicited promotional methods;</li>
  99. <li>your notice stream is not named in a manner that misleads your
  100. readers into thinking that you are another person or company. For
  101. example, your notice stream’s URL or name is not the name of a person other
  102. than yourself or company other than your own; and</li>
  103. <li>you have, in the case of Content that includes computer code,
  104. accurately categorized and/or described the type, nature, uses and
  105. effects of the materials, whether requested to do so by Operator or
  106. otherwise.</li>
  107. </ul>
  108. <p>By submitting Content to Operator for inclusion on your Website, you
  109. grant Operator a world-wide, royalty-free, and non-exclusive license
  110. to reproduce, modify, adapt and publish the Content solely for the
  111. purpose of displaying, distributing and promoting your notice
  112. stream.</p>
  113. <p>By submitting Content to Operator for inclusion on your Website,
  114. you grant all readers the right to use, re-use, modify and/or
  115. re-distribute the Content under the terms of the <a
  116. href="%%license.url%%">%%license.title%%</a>.</p>
  117. <p>If you delete Content, Operator will use reasonable efforts to remove it from
  118. the Website, but you acknowledge that caching or references to the
  119. Content may not be made immediately unavailable.</p>
  120. <p>Without limiting any of those representations or warranties, Operator
  121. has the right (though not the obligation) to, in Operator’s sole
  122. discretion (i) refuse or remove any content that, in Operator’s
  123. reasonable opinion, violates any Operator policy or is in any way
  124. harmful or objectionable, or (ii) terminate or deny access to and use
  125. of the Website to any individual or entity for any reason, in
  126. Operator’s sole discretion.</p>
  127. </li>
  128. <li><strong>Responsibility of Website Visitors.</strong> Operator has not reviewed,
  129. and cannot review, all of the material, including computer software,
  130. posted to the Website, and cannot therefore be responsible for that
  131. material’s content, use or effects. By operating the Website,
  132. Operator does not represent or imply that it endorses the material
  133. there posted, or that it believes such material to be accurate, useful
  134. or non-harmful. You are responsible for taking precautions as
  135. necessary to protect yourself and your computer systems from viruses,
  136. worms, Trojan horses, and other harmful or destructive content. The
  137. Website may contain content that is offensive, indecent, or otherwise
  138. objectionable, as well as content containing technical inaccuracies,
  139. typographical mistakes, and other errors. The Website may also contain
  140. material that violates the privacy or publicity rights, or infringes
  141. the intellectual property and other proprietary rights, of third
  142. parties, or the downloading, copying or use of which is subject to
  143. additional terms and conditions, stated or unstated. Operator
  144. disclaims any responsibility for any harm resulting from the use by
  145. visitors of the Website, or from any downloading by those visitors of
  146. content there posted.</li>
  147. <li><strong>Content Posted on Other Websites.</strong> We have not reviewed, and
  148. cannot review, all of the material, including computer software, made
  149. available through the websites and webpages to which
  150. links, and that link to Operator does not have any
  151. control over those external websites and webpages, and is not
  152. responsible for their contents or their use. By linking to a
  153. external website or webpage, Operator does not represent or
  154. imply that it endorses such website or webpage. You are responsible
  155. for taking precautions as necessary to protect yourself and your
  156. computer systems from viruses, worms, Trojan horses, and other harmful
  157. or destructive content. Operator disclaims any responsibility for
  158. any harm resulting from your use of external websites and
  159. webpages.</li>
  160. <li><strong>Copyright Infringement and DMCA Policy.</strong> As Operator asks
  161. others to respect its intellectual property rights, it respects the
  162. intellectual property rights of others. If you believe that material
  163. located on or linked to by violates your copyright, you
  164. are encouraged to notify Operator in accordance with Operator’s
  165. Digital Millennium Copyright Act (”DMCA”) Policy. Operator will
  166. respond to all such notices, including as required or appropriate by
  167. removing the infringing material or disabling all links to the
  168. infringing material. In the case of a visitor who may infringe or
  169. repeatedly infringes the copyrights or other intellectual property
  170. rights of Operator or others, Operator may, in its discretion,
  171. terminate or deny access to and use of the Website. In the case of
  172. such termination, Operator will have no obligation to provide a
  173. refund of any amounts previously paid to Operator.</li>
  174. <li><strong>Intellectual Property.</strong> This Agreement does not
  175. transfer from Operator to you any Operator or third party intellectual
  176. property, and all right, title and interest in and to such property
  177. will remain (as between the parties) solely with Operator.
  178., the logo, and all other trademarks,
  179. service marks, graphics and logos used in connection with
  180., or the Website are trademarks or registered trademarks
  181. of Operator or Operator’s licensors. Other trademarks, service marks,
  182. graphics and logos used in connection with the Website may be the
  183. trademarks of other third parties. Your use of the Website grants you
  184. no right or license to reproduce or otherwise use any Operator or
  185. third-party trademarks.</li>
  186. <li><strong>Changes.</strong> Operator reserves the right, at its sole
  187. discretion, to modify or replace any part of this Agreement. It is
  188. your responsibility to check this Agreement periodically for changes.
  189. Your continued use of or access to the Website following the posting
  190. of any changes to this Agreement constitutes acceptance of those
  191. changes. Operator may also, in the future, offer new services and/or
  192. features through the Website (including, the release of new tools and
  193. resources). Such new features and/or services shall be subject to the
  194. terms and conditions of this Agreement.</li>
  195. <li><strong>Termination.</strong> Operator may terminate your access
  196. to all or any part of the Website at any time, with or without cause,
  197. with or without notice, effective immediately. If you wish to
  198. terminate this Agreement or your account (if you have
  199. one), you may simply discontinue using the Website. All provisions of
  200. this Agreement which by their nature should survive termination shall
  201. survive termination, including, without limitation, ownership
  202. provisions, warranty disclaimers, indemnity and limitations of
  203. liability.</li>
  204. <li><strong>Disclaimer of Warranties.</strong> The Website is provided
  205. “as is”. Operator and its suppliers and licensors hereby disclaim all
  206. warranties of any kind, express or implied, including, without
  207. limitation, the warranties of merchantability, fitness for a
  208. particular purpose and non-infringement. Neither Operator nor its
  209. suppliers and licensors, makes any warranty that the Website will be
  210. error free or that access thereto will be continuous or uninterrupted.
  211. If you’re actually reading this, here’s a treat. You understand that
  212. you download from, or otherwise obtain content or services through,
  213. the Website at your own discretion and risk.</li>
  214. <li><strong>Limitation of Liability.</strong> In no event will
  215. Operator, or its suppliers or licensors, be liable with respect to any
  216. subject matter of this agreement under any contract, negligence,
  217. strict liability or other legal or equitable theory for: (i) any
  218. special, incidental or consequential damages; (ii) the cost of
  219. procurement or substitute products or services; (iii) for interruption
  220. of use or loss or corruption of data; or (iv) for any amounts that
  221. exceed the fees paid by you to Operator under this agreement during
  222. the twelve (12) month period prior to the cause of action. Operator
  223. shall have no liability for any failure or delay due to matters beyond
  224. their reasonable control. The foregoing shall not apply to the extent
  225. prohibited by applicable law.</li>
  226. <li><strong>General Representation and Warranty.</strong> You
  227. represent and warrant that (i) your use of the Website will be in
  228. strict accordance with the Operator Privacy Policy, with this
  229. Agreement and with all applicable laws and regulations (including
  230. without limitation any local laws or regulations in your country,
  231. state, city, or other governmental area, regarding online conduct and
  232. acceptable content, and including all applicable laws regarding the
  233. transmission of technical data exported from the United States or the
  234. country in which you reside) and (ii) your use of the Website will not
  235. infringe or misappropriate the intellectual property rights of any
  236. third party.</li>
  237. <li><strong>Indemnification.</strong> You agree to indemnify and hold
  238. harmless Operator, its contractors, and its licensors, and their
  239. respective directors, officers, employees and agents from and against
  240. any and all claims and expenses, including attorneys’ fees, arising
  241. out of your use of the Website, including but not limited to out of
  242. your violation this Agreement.</li>
  243. <li><strong>Miscellaneous.</strong> This Agreement constitutes the
  244. entire agreement between Operator and you concerning the subject
  245. matter hereof, and they may only be modified by a written amendment
  246. signed by an authorized executive of Operator, or by the posting by
  247. Operator of a revised version. If any part of this Agreement is held
  248. invalid or unenforceable, that part will be construed to reflect the
  249. parties’ original intent, and the remaining portions will remain in
  250. full force and effect. A waiver by either party of any term or
  251. condition of this Agreement or any breach thereof, in any one
  252. instance, will not waive such term or condition or any subsequent
  253. breach thereof. You may assign your rights under this Agreement to any
  254. party that consents to, and agrees to be bound by, its terms and
  255. conditions; Operator may assign its rights under this Agreement
  256. without condition. This Agreement will be binding upon and will inure
  257. to the benefit of the parties, their successors and permitted
  258. assigns.</li> </ol>
  259. *Originally published by Automattic, Inc. as the [ Terms
  260. of Service]( and made available by them
  261. under the [Creative Commons Attribution-ShareAlike 3.0
  262. License](
  263. Modifications to remove reference to "VIP services", rename "blog" to
  264. "notice stream", remove the choice-of-venue clause, and add variables
  265. specific to instances of this software made by Control Yourself, Inc.
  266. and made available under the terms of the same license.*