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- <!
- <!
- <!
- 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
- service is designed to give you as much control and ownership over
- what goes in your notice stream as possible and encourage you to
- express yourself freely. However, be responsible in what you post. In
- particular, make sure that none of the prohibited items listed below
- appear in your notice stream or get linked to from your notice stream (things
- like spam, viruses, or hate content).
- You can review our [Public Stream](%%action.top%%) to get a sense
- of the types of notices that are welcome on our service (or not!). If
- you find a %%site.name%% account that you believe violates our terms
- of service, please check our [Contact](%%doc.contact%%) documentation.
- (Note: Automattic, Inc., original creators of the below Terms of
- Service, decided to make them 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. They’d appreciate a link to
- [WordPress.com](http://www.wordpress.com/) somewhere on your site.
- They spent a lot of money and time on the below, and other people
- shouldn’t need to do the same. (We didn't!))
- 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](%%doc.privacy%%))
- 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 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 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 omissions.</li>
- <li><strong>Responsibility of Contributors.</strong> 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 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, 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 users, and not for spam,</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 notice stream is not getting advertised via unwanted electronic
- 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 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 notice
- stream.</p>
- <p>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 Content under the terms of the <a
- href="%%license.url%%">%%license.title%%</a>.</p>
- <p>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.</p>
- </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 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><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.
- %%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. 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. 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/).
- 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.*
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