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diff --git a/doc-src/tos b/doc-src/tos new file mode 100644 index 000000000..10c5e0fd2 --- /dev/null +++ b/doc-src/tos @@ -0,0 +1,301 @@ +The gist +-------- + +We (the folks at Automattic) run a service called WordPress.com 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 +WordPress.com 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 WordPress.com 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 WordPress.com +website and all content, services and products available at or through +the website, including, but not limited to, the WordPress.com VIP +hosting service (“VIP Service”), (taken together, the Website). The +Website is owned and operated by Automattic, Inc. (“Automattic”). 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, Automattic’s +Privacy Policy) and procedures that may be published from time to time +on this Site by Automattic (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 Automattic, acceptance is +expressly limited to these terms. The Website is available only to +individuals who are at least 13 years old. + + 1. Your WordPress.com Account and Site. 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 Automattic may change +or remove any description or keyword that it considers inappropriate +or unlawful, or otherwise likely to cause Automattic liability. You +must immediately notify Automattic of any unauthorized uses of your +blog, your account or any other breaches of security. Automattic 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. + 2. Responsibility of Contributors. 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: + * 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; + * 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; + * 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; + * the Content does not contain or install any viruses, +worms, malware, Trojan horses or other harmful or destructive content; + * 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); + * 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; + * 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; + * 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 + * 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 Automattic +or otherwise. + + By submitting Content to Automattic for inclusion on your +Website, you grant Automattic 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, Automattic 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. + + Without limiting any of those representations or warranties, +Automattic has the right (though not the obligation) to, in +Automattic’s sole discretion (i) refuse or remove any content that, in +Automattic’s reasonable opinion, violates any Automattic 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 Automattic’s sole discretion. Automattic will have no obligation to +provide a refund of any amounts previously paid. + 3. Fees and Payment. 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 Automattic 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. + 4. VIP Services. + * Fees; Payment. By signing up for a VIP Services account +you agree to pay Automattic 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. Automattic 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 Automattic. + * Support. 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 Automattic 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 WordPress.com blogging services. All VIP Services +support will be provided in accordance with Automattic standard VIP +Services practices, procedures and policies. + 5. Responsibility of Website Visitors. Automattic 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, +Automattic 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. Automattic +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. + 6. Content Posted on Other Websites. We have not reviewed, and +cannot review, all of the material, including computer software, made +available through the websites and webpages to which WordPress.com +links, and that link to WordPress.com. Automattic 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, Automattic 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. Automattic disclaims any responsibility for +any harm resulting from your use of non-WordPress websites and webpages. + 7. Copyright Infringement and DMCA Policy. As Automattic 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 WordPress.com violates your copyright, you +are encouraged to notify Automattic in accordance with Automattic’s +Digital Millennium Copyright Act (”DMCA”) Policy. Automattic 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 Automattic or others, Automattic may, in its discretion, +terminate or deny access to and use of the Website. In the case of +such termination, Automattic will have no obligation to provide a +refund of any amounts previously paid to Automattic. + 8. Intellectual Property. This Agreement does not transfer from +Automattic to you any Automattic or third party intellectual property, +and all right, title and interest in and to such property will remain +(as between the parties) solely with Automattic. Automattic, +WordPress, WordPress.com, the WordPress.com logo, and all other +trademarks, service marks, graphics and logos used in connection with +WordPress.com, or the Website are trademarks or registered trademarks +of Automattic or Automattic’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 Automattic +or third-party trademarks. + 9. Changes. Automattic 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. +Automattic 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. + 10. Termination. Automattic 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 WordPress.com 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 Automattic if you materially breach this Agreement and +fail to cure such breach within thirty (30) days from Automattic’s +notice to you thereof; provided that, Automattic 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. + 11. Disclaimer of Warranties. The Website is provided “as is”. +Automattic 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 Automattic 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. + 12. Limitation of Liability. In no event will Automattic, 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 Automattic under this agreement during the twelve (12) month +period prior to the cause of action. Automattic 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. + 13. General Representation and Warranty. You represent and warrant +that (i) your use of the Website will be in strict accordance with the +Automattic 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. + 14. Indemnification. You agree to indemnify and hold harmless +Automattic, 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. + 15. Miscellaneous. This Agreement constitutes the entire agreement +between Automattic and you concerning the subject matter hereof, and +they may only be modified by a written amendment signed by an +authorized executive of Automattic, or by the posting by Automattic 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; Automattic 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. + +*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/).*
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