Merge branch 'tos' into 0.8.x

2 files changed, 305 insertions, 0 deletions

diff --git a/doc-src/tos b/doc-src/tos
new file mode 100644
index 000000000..bcfc31981
--- /dev/null
+++ b/doc-src/tos
@@ -0,0 +1,300 @@
+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.public%%) 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.*
\ No newline at end of file
diff --git a/lib/action.php b/lib/action.php
index c89fe180a..928eb48c0 100644
--- a/lib/action.php
+++ b/lib/action.php
@@ -708,6 +708,11 @@ class Action extends HTMLOutputter // lawsuit
                             _('About'));
             $this->menuItem(common_local_url('doc', array('title' => 'faq')),
                             _('FAQ'));
+            $bb = common_config('site', 'broughtby');
+            if (!empty($bb)) {
+                $this->menuItem(common_local_url('doc', array('title' => 'tos')),
+                                _('TOS'));
+            }
             $this->menuItem(common_local_url('doc', array('title' => 'privacy')),
                             _('Privacy'));
             $this->menuItem(common_local_url('doc', array('title' => 'source')),