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diff --git a/doc-src/tos b/doc-src/tos index bfb6a445f..bcfc31981 100644 --- a/doc-src/tos +++ b/doc-src/tos @@ -3,27 +3,26 @@ 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.) +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 ---------------- @@ -34,7 +33,8 @@ 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) +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”). @@ -50,28 +50,29 @@ 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: +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> @@ -92,39 +93,49 @@ 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 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 blog is not getting advertised via unwanted electronic -messages such as spam links on newsgroups, email lists, other blogs +<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 blog is not named in a manner that misleads your +<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 blog’s URL or name is not the name of a person other +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> +<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 +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> @@ -134,43 +145,7 @@ 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> +Operator’s sole discretion.</p> </li> <li><strong>Responsibility of Website Visitors.</strong> Operator has not reviewed, @@ -197,14 +172,14 @@ content there posted.</li> 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 +control over those external 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 +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 non-WordPress websites and +any harm resulting from your use of external websites and webpages.</li> <li><strong>Copyright Infringement and DMCA Policy.</strong> As Operator asks @@ -222,46 +197,41 @@ 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 +<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 +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 +<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 @@ -271,58 +241,43 @@ 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 +<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 +<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 @@ -333,10 +288,13 @@ 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> +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/).*
\ No newline at end of file +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 |