mourningdove/views/legal/tos.tt

[%# legal/tos.tt
  #
  # Terms of Service
  #
  # Authors:
  #     Janine Smith <janine@netrophic.com>
  #
  # Copyright (c) 2009 by Dreamwidth Studios, LLC.
  #
  # This program is free software; you may redistribute it and/or modify it
  # under the same terms as Perl itself.  For a copy of the license, please
  # reference 'perldoc perlartistic' or 'perldoc perlgpl'.
  #
%]
[%- CALL dw.active_resource_group( "foundation" ) -%]
[%- sections.title='Terms of Service' -%]

<p>We hate legalese, so we've tried to make ours readable. If you've got
any questions, feel free to <a href='[% site.root %]/support/submit'>ask us</a>,
and we'll do our best to answer.</p>

<h2>Terms of Service</h2>

<p>[% site.company %] ("we", "us", "our", "[% site.nameshort %]") present the
following terms and conditions, which govern your use of the [% site.nameshort %]
site (Website), and all content, services and products available at or
through the Website, including but not limited to
[% site.root %]. </p>

<p>The Website is offered subject to your acceptance, without
modification, of all of the terms and conditions contained within, along with all
other operating rules, policies (including, without limitation,
[% site.nameshort %]'s <a href="[% site.root %]/legal/privacy">Privacy
Policy</a>) and procedures that may be published from time to time on
this Website by us (collectively, the Agreement).</p>

<p>Please read this Agreement carefully before accessing or using the
Website. By accessing or using any part of the Website, you agree that
you are 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 [% site.name %], acceptance is
expressly limited to these terms. The Website is available only to
individuals who are at least 13 years old.</p>

<p>If you operate an account, comment on an account, 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, also known as "Content"), you are entirely responsible for
that Content and any harm that may result from it. That is the case
regardless of whether the Content in question constitutes text,
graphics, an audio file, a video file, or computer software.</p>


<h2>I. Your Account</h2>

<p>If you create an account on the Website, you are responsible for
maintaining the security of your account. You are responsible for all
activities that occur under the account and any other actions taken in
connection with the account. You must take reasonable steps to guard the
security of your account. We will not be liable for any acts or
omissions resulting from a breach of security, including any damages of
any kind incurred as a result of such acts or omissions.</p>


<h2>II. Account Structure</h2>

<p>[% site.name %] currently has a tiered account structure.</p>

<ul><li><em>Free Accounts</em> can be registered free of charge.
Free accounts can access basic site features, but do not receive access
to all of the extended site features.</li>

<li><em>Paid Accounts</em> are available for term-based fee and receive
access to all extended site features.</li>

<li><em>Premium Paid Accounts</em> are available for term-based fee and
receive access to all extended site features, at higher limits (for those
features that have limits) than those given to paid accounts.</li>

<li><em>Seed Accounts</em> are reserved for those who have contributed
significantly to the [% site.name %] project, at our discretion. They
receive all features available to premium paid accounts, at those
limits, for as long as [% site.name %] continues to operate, without need
for future payment.</li></ul>

<p>Payments to [% site.name %], for account services or for any other
purpose, are refundable or transferable solely at [% site.nameshort %]'s
discretion.</p>

<p>By using this Service, you agree to this account structure, and to
[% site.nameshort %]'s right to change, modify, or discontinue any type
of account or the features available to it at any time.</p>

<h2>III. Privacy Policy</h2>

<p>Your use of the Website is governed by the Privacy Policy, currently
located at [% site.root %]/legal/privacy. </p>


<h2>IV. Indemnity</h2>

<p>You agree to indemnify and hold harmless [% site.company %], its
contractors, 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 of this Agreement.</p>


<h2>V. Termination</h2>

<p>We may terminate your access to all or any part of the Website at any
time, at our sole discretion, if we believe that you have violated this
Agreement. You agree that any termination of your access to the Website
may involve removing or discarding any content you have provided. We
may, at our sole discretion, discontinue providing the Website at any
time, with or without notice. </p>

<p>If you wish to terminate this Agreement, you may delete your account
and cease using the Website. You agree that, upon deletion of your
account, we may, but are not required to, remove any content you have
provided, at any time past the deletion of your account.</p>

<p>Paid accounts that are terminated for violations of this Agreement will
only be refunded at our discretion, and only if such termination should
come under our established criteria for issuing refunds.</p>

<p>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. </p>


<h2>VI. License to Reproduce Content</h2>

<p>By submitting Content to us for inclusion on the Website, you grant
us 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 the contents of your account,
including through downloadable clients and external feeds. </p>

<p>If you delete Content, we 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>


<h2>VII. Account Content</h2>

<p>You agree to the following provisions for posting Content to the
Website:</p>

<p>1. We claim no ownership or control over any Content that you post to the
Website. You retain any intellectual property rights to the Content you
post, in accordance with applicable law. By posting Content, you
represent that you have the rights to reproduce that Content (and the right to allow us
to serve such Content) without violation of the rights of any third
party. You agree that you will bear any liability resulting from the
posting of any Content that you do not have the rights to post.</p>

<p>2. All Content posted to the Website in any way is the responsibility
of the owner. Within the confines of international and local law, we
will generally not place a restriction on the type or appropriateness of
any Content. If Content is deemed illegal by any law having jurisdiction
over you, you agree that we may submit any necessary information to the
proper authorities.</p>

<p>3. We do not pre-screen Content. However, you acknowledge that we
have the right (but not the obligation), in our sole discretion, to
remove or refuse to remove any Content from the service. You also agree
that we may, without limitation, take any steps necessary to remove
Content from the site search engine or member directory, at our sole
discretion.</p>

<p>4. If any Content you have submitted is reported to us as violating
this Agreement, you agree that we may call upon you to change, modify,
or remove that Content, within a reasonable amount of time, as defined by
us. If you do not follow this directive, we may terminate your account.
</p>



<h2>VIII. Content Posted on Other Websites</h2>

<p>We have not reviewed, and cannot review, all of the material,
including computer software, made available through the websites and
webpages to which we, any user, or any provider of Content links, or
that link to us. We do not have any control over those websites and
webpages, and are not responsible for their contents or their use. By
linking to an external website or webpage, we do not represent or imply
that we endorse 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. We disclaim any responsibility for any harm resulting from your
use of external websites and webpages, whether that link is provided by
us or by any provider of Content on the Website.</p>



<h2>IX. No Resale of Services</h2>

<p>You agree not to reproduce, duplicate, copy, sell, resell, or exploit
any portion of the Website, use of the Website, or access to the
Website.</p>


<h2>X. Exposure to Content</h2>

<p>You agree that by using the service, you may be exposed to Content
you find offensive or objectionable. If such Content is reported to us,
it will be our sole discretion as to what action, if any, should be
taken. </p>


<h2>XI. Member Conduct</h2>

<p>You agree that you will not use the Website to:</p>

<p>1. Upload, post, or otherwise transmit any Content that is harmful,
threatening, abusive, hateful, invasive to the privacy and publicity rights
of any person, or that violates any applicable local, state, national, or
international law, including any regulation having the force of law;

<p>2. Upload, post, or otherwise transmit any Content that is spam, or
contains 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);</p>

<p>3. Maliciously impersonate any real person or entity, including but not limited to a
[% site.nameshort %] staff member or volunteer, or to otherwise misrepresent your
affiliation with any person or entity;</p>

<p>4. Upload, post or otherwise transmit any Content that you do not
have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements);</p>

<p>5. Upload, post or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright, or other proprietary rights
of any party;</p>

<p>6. Interfere with or disrupt the Website or servers or networks
connected to the Website, or disobey any requirements, procedures,
policies or regulations of networks connected to the Website;</p>

<p>7. Solicit passwords or personal identifying information for
unintended, commercial or unlawful purposes from other users;</p>

<p>8. Provide any material that is illegal under United States law;</p>

<p>9. Upload, post or otherwise transmit any Content that contains
viruses, worms, malware, Trojan horses or other harmful or destructive
content;</p>

<p>10. Allow usage by others in such a way as to violate this
Agreement;</p>

<p>11. Make excessive or otherwise harmful automated use of the
Website;</p>

<p>12. Access any other person's account, or exceed the scope of the
Website that you have signed up for; for example, accessing and using
features you don't have a right to use.</p>


<h2>XII. Copyright Infringement</h2>

<p>If you believe that material located on the Website violates your
copyright, you may notify us in accordance with our
<a href="[% site.root %]/legal/dmca">Digital Millennium Copyright Act
('DMCA') Policy</a>. We will respond to all such notices as
required by law, including by removing the infringing material or
disabling access to the infringing
material. As set forth by law, we will, in our sole discretion,
terminate or deny access to the Website to users of the site who have
repeatedly infringed upon the copyrights or intellectual property rights
of others. </p>


<h2>XIII. Volunteers</h2>

<p>We appreciate the service of volunteers in many aspects of Website
management, including but not limited to providing technical support,
creating web-based content, performing site administration duties,
providing expert advice, research, technical writing, reviewing,
categorizing, and other duties as necessary. </p>

<p>All volunteers are expected to be of legal age, or volunteering with
the consent of a legal parent or guardian.</p>

<p>By volunteering, you agree that any work created as a result of your
volunteer service shall be licensed to [% site.nameshort %] on a perpetual,
irrevocable, and world-wide basis, to the extent permitted by law. You
agree that [% site.nameshort %] may determine the basis upon which your
volunteer work shall be licensed to others, including under Open Source
licenses that may permit the further alteration or dissemination of
your work. If laws prevent such licensing, you agree never to sue
[% site.nameshort %] for the use of said work.</p>

<p>By volunteering, you agree that you are providing your work with no
expectation of pay or future consideration by [% site.nameshort %]. You also agree
that you have taken reasonable diligence to ensure that the work is
correct, accurate, and free of defect. You agree that you will not
disclose or share any proprietary or confidential information you are
provided with in the course of your volunteer work. </p>

<p>No user is required to volunteer for the Website, and users without
volunteer status will receive equal care, support, and attention.</p>


<h2>XIV. Changes</h2>

<p>We reserve the right, at our sole discretion, to modify or replace
any part of this Agreement at any time. We will take reasonable steps to
notify you of any substantial changes to this Agreement; however, 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.
</p>

<p>We 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. </p>


<h2>XV. Disclaimer of Warranties</h2>

<p><strong>This Website is provided "as is". [% site.company %] 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 [% site.company %], nor its suppliers and licensors, makes
any warranty that the Website will be error free or that access to the Website
will be continuous or uninterrupted. You agree that any interruptions to the service
will not qualify for reimbursement or compensation. You understand that you download
from, or otherwise obtain content or services through, the Website at
your own discretion and risk.</strong></p>

<p><strong>No advice or information, whether oral or written, obtained by you
in any fashion shall create any warranty not expressly stated in this
Agreement.</strong></p>


<h2>XVI. Limitation of Liability</h2>

<p><strong>You expressly understand and agree that in no event will
[% site.company %], 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) interruption of use
or loss or corruption of data; (iv) any statements or conduct of any
third party on the service; or (v) any unauthorized access to or
alterations of your Content. We shall have no liability for any failure
or delay due to matters beyond our reasonable control. </strong></p>

<p><strong>The foregoing shall not apply to the extent prohibited by
applicable law.</strong></p>




<h2>XVII. General Information</h2>

<p>This Agreement constitutes the entire agreement between us and you
concerning your use of the Website. This Agreement may only be modified
by a written amendment signed by an authorized representative of
[% site.company %], or by the posting of a revised version to this
location. Except to the extent that applicable law (if any) provides
otherwise, any dispute arising between you and [% site.company %]
regarding these Terms of Service and/or your use or access of the
Website will be governed by the
laws of the state of Maryland and the federal laws of the United States
of America, excluding any conflict of law provisions. You agree to
submit to the jurisdiction of the state and federal courts located in
Baltimore City, Maryland for any disputes arising out of or relating to
your use of the Website or your acceptance of this Agreement.</p>

<p>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. </p>

<p>The section titles in this Agreement are for convenience only and
have no legal or contractual effect.</p>


<h2>XVIII. Reporting Violations</h2>

<p>For instructions on how to report a violation of this Agreement, please see
<a href="https://www.dreamwidth.org/support/faqbrowse?faqid=80">How do I report
a violation of Dreamwidth's Terms of Service?</a></p>


<h2>XIX. Creative Commons</h2>

<p>This Terms of Service document is based on one developed by Automattic
(http://wordpress.com/tos/) and is licensed under a Creative Commons
Attribution-ShareAlike 2.5 License.</p>




<p class='note'>Last revised July 29, 2013</p>