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@ -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).
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 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.
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, 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.)
(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>
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 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:
<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>
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
<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>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
<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>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>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>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/).*
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.*