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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.*
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