From 232dac67bd8c1701940c52eb46f2cd6b83e7d4c3 Mon Sep 17 00:00:00 2001 From: Evan Prodromou Date: Sat, 20 Jun 2009 22:13:06 -0700 Subject: reformat for Markdown --- doc-src/tos | 339 ++++++++++++++++++++++++++++++++++-------------------------- 1 file changed, 190 insertions(+), 149 deletions(-) diff --git a/doc-src/tos b/doc-src/tos index 10c5e0fd2..bfb6a445f 100644 --- a/doc-src/tos +++ b/doc-src/tos @@ -1,155 +1,183 @@ 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). +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 -WordPress.com blog that you believe violates our terms of service, +%%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 WordPress.com somewhere on your site. We +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.) -Terms of Service: -The following terms and conditions govern all use of the WordPress.com +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, 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”). +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) +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 Automattic, acceptance is +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. - 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 +
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  1. Your %%site.name%% 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 +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.
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  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 + +
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    • 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;
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    • 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;
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    • 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 +successfully pass through to end users any required terms;
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    • the Content does not contain or install any viruses, worms, malware, +Trojan horses or other harmful or destructive content;
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    • 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);
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    • 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 +rights of any third party;
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    • 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;
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    • 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 +than yourself or company other than your own; and
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    • 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.
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    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 +the Website, but you acknowledge that caching or references to the +Content may not be made immediately unavailable.

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    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. Operator will have no obligation to +provide a refund of any amounts previously paid.

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  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 +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. - 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 +service fees are not refundable.
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  4. VIP Services. + +
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    • Fees; Payment. 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. Automattic reserves +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 Automattic. - * Support. VIP Services include access to priority email +anytime on 30 days written notice to Operator. +
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    • 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 +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 WordPress.com blogging services. All VIP Services -support will be provided in accordance with Automattic standard VIP +standard, free %%site.name%% blogging services. All VIP Services +support will be provided in accordance with Operator standard VIP Services practices, procedures and policies. - 5. Responsibility of Website Visitors. Automattic has not reviewed, +
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  5. Responsibility of Website Visitors. 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, -Automattic does not represent or imply that it endorses the material +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, @@ -160,113 +188,124 @@ 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 +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. - 6. Content Posted on Other Websites. We have not reviewed, and +content there posted.
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  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 +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 responsible for their contents or their use. By linking to a -non-WordPress website or webpage, Automattic does not represent or +non-WordPress 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. 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 +or destructive content. Operator disclaims any responsibility for +any harm resulting from your use of non-WordPress websites and +webpages.
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  7. Copyright Infringement and DMCA Policy. 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 WordPress.com violates your copyright, you -are encouraged to notify Automattic in accordance with Automattic’s -Digital Millennium Copyright Act (”DMCA”) Policy. Automattic will +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 Automattic or others, Automattic may, in its discretion, +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, 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, +such termination, Operator will have no obligation to provide a +refund of any amounts previously paid to Operator.
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  8. Intellectual Property. 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 Automattic. Automattic, -WordPress, WordPress.com, the WordPress.com logo, and all other +(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 -WordPress.com, or the Website are trademarks or registered trademarks -of Automattic or Automattic’s licensors. Other trademarks, service +%%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 Automattic -or third-party trademarks. - 9. Changes. Automattic reserves the right, at its sole discretion, +you no right or license to reproduce or otherwise use any Operator +or third-party trademarks.
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  9. Changes. 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. -Automattic may also, in the future, offer new services and/or features +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. - 10. Termination. Automattic may terminate your access to all or any +terms and conditions of this Agreement.
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  10. Termination. 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 WordPress.com account (if you have one), you may +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 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 +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. - 11. Disclaimer of Warranties. The Website is provided “as is”. -Automattic and its suppliers and licensors hereby disclaim all +of liability.
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  11. Disclaimer of Warranties. 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 Automattic nor its +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. - 12. Limitation of Liability. In no event will Automattic, or its +the Website at your own discretion and risk.
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  12. Limitation of Liability. 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 Automattic under this agreement during the twelve (12) month -period prior to the cause of action. Automattic shall have no +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. - 13. General Representation and Warranty. You represent and warrant +prohibited by applicable law.
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  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 +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. - 14. Indemnification. You agree to indemnify and hold harmless -Automattic, its contractors, and its licensors, and their respective +intellectual property rights of any third party.
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  14. Indemnification. 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. - 15. Miscellaneous. This Agreement constitutes the entire agreement -between Automattic and you concerning the subject matter hereof, and +this Agreement.
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  15. Miscellaneous. 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 Automattic, or by the posting by Automattic of +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, @@ -291,9 +330,11 @@ 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 +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. +to the benefit of the parties, their successors and permitted +assigns.
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*Originally published by Automattic, Inc. as the [WordPress.com Terms of Service](http://en.wordpress.com/tos/) and made available by them -- cgit v1.2.3-54-g00ecf