Merge branch 'tos' into 0.8.x
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doc-src/tos
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The gist
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--------
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We (the folks at [%%site.broughtby%%](%%site.broughtbyurl%%)) run a
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service called %%site.name%% and would love for you to use it. Our
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service is designed to give you as much control and ownership over
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what goes in your notice stream as possible and encourage you to
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express yourself freely. However, be responsible in what you post. In
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particular, make sure that none of the prohibited items listed below
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appear in your notice stream or get linked to from your notice stream (things
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like spam, viruses, or hate content).
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You can review our [Public Stream](%%action.public%%) to get a sense
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of the types of notices that are welcome on our service (or not!). If
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you find a %%site.name%% account that you believe violates our terms
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of service, please check our [Contact](%%doc.contact%%) documentation.
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(Note: Automattic, Inc., original creators of the below Terms of
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Service, decided to make them available under a Creative Commons
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Sharealike license, which means you’re more than welcome to steal it
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and repurpose it for your own use. Just make sure to replace
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references to us with ones to you. They’d appreciate a link to
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[WordPress.com](http://www.wordpress.com/) somewhere on your site.
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They spent a lot of money and time on the below, and other people
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shouldn’t need to do the same. (We didn't!))
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Terms of Service
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----------------
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The following terms and conditions govern all use of the %%site.name%%
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website and all content, services and products available at or through
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the website (taken together, the Website). The Website is owned and
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operated by %%site.broughtby%% (“Operator”). The Website is offered
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subject to your acceptance without modification of all of the terms
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and conditions contained herein and all other operating rules,
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policies (including, without limitation, Operator’s [Privacy
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Policy](%%doc.privacy%%))
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and procedures that may be published from time to time on this Site by
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Operator (collectively, the “Agreement”).
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Please read this Agreement carefully before accessing or using the
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Website. By accessing or using any part of the web site, you agree to
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become bound by the terms and conditions of this agreement. If you do
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not agree to all the terms and conditions of this agreement, then you
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may not access the Website or use any services. If these terms and
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conditions are considered an offer by Operator, acceptance is
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expressly limited to these terms. The Website is available only to
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individuals who are at least 13 years old.
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<ol>
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<li><strong>Your %%site.name%% Account and Site.</strong> If you
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create a notice stream on the Website, you are responsible for
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maintaining the security of your account and notice stream, and you
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are fully responsible for all activities that occur under the account
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and any other actions taken in connection with the notice stream. You
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must not describe or assign keywords to your notice stream in a
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misleading or unlawful manner, including in a manner intended to trade
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on the name or reputation of others, and Operator may change or remove
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any description or keyword that it considers inappropriate or
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unlawful, or otherwise likely to cause Operator liability. You must
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immediately notify Operator of any unauthorized uses of your notice
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stream, your account or any other breaches of security. Operator will
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not be liable for any acts or omissions by You, including any damages
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of any kind incurred as a result of such acts or omissions.</li>
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<li><strong>Responsibility of Contributors.</strong> If you operate a
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notice stream, comment on a notice stream, post material to the
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Website, post links on the Website, or otherwise make (or allow any
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third party to make) material available by means of the Website (any
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such material, “Content”), You are entirely responsible for the
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content of, and any harm resulting from, that Content. That is the
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case regardless of whether the Content in question constitutes text,
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graphics, an audio file, or computer software. By making Content
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available, you represent and warrant that:
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<ul>
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<li>the downloading, copying and use of the Content will not infringe
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the proprietary rights, including but not limited to the copyright,
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patent, trademark or trade secret rights, of any third party;</li>
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<li>if your employer has rights to intellectual property you create,
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you have either (i) received permission from your employer to post or
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make available the Content, including but not limited to any software,
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or (ii) secured from your employer a waiver as to all rights in or to
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the Content;</li>
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<li>you have fully complied with any third-party licenses
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relating to the Content, and have done all things necessary to
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successfully pass through to end users any required terms;</li>
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<li>the Content does not contain or install any viruses, worms, malware,
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Trojan horses or other harmful or destructive content;</li>
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<li>the Content is not spam, and does not contain unethical or
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unwanted commercial content designed to drive traffic to third party
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sites or boost the search engine rankings of third party sites, or to
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further unlawful acts (such as phishing) or mislead recipients as to
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the source of the material (such as spoofing);</li>
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<li>if the Content is machine- or randomly-generated, it is for
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purposes of direct entertainment, information and/or utility for you
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or other users, and not for spam,</li>
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<li>the Content is not libelous or defamatory (more info on
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what that means), does not contain threats or incite violence towards
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individuals or entities, and does not violate the privacy or publicity
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rights of any third party;</li>
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<li>your notice stream is not getting advertised via unwanted electronic
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messages such as spam links on newsgroups, email lists, other notice streams
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and web sites, and similar unsolicited promotional methods;</li>
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<li>your notice stream is not named in a manner that misleads your
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readers into thinking that you are another person or company. For
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example, your notice stream’s URL or name is not the name of a person other
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than yourself or company other than your own; and</li>
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<li>you have, in the case of Content that includes computer code,
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accurately categorized and/or described the type, nature, uses and
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effects of the materials, whether requested to do so by Operator or
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otherwise.</li>
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</ul>
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<p>By submitting Content to Operator for inclusion on your Website, you
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grant Operator a world-wide, royalty-free, and non-exclusive license
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to reproduce, modify, adapt and publish the Content solely for the
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purpose of displaying, distributing and promoting your notice
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stream.</p>
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<p>By submitting Content to Operator for inclusion on your Website,
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you grant all readers the right to use, re-use, modify and/or
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re-distribute the Content under the terms of the <a
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href="%%license.url%%">%%license.title%%</a>.</p>
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<p>If you delete Content, Operator will use reasonable efforts to remove it from
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the Website, but you acknowledge that caching or references to the
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Content may not be made immediately unavailable.</p>
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<p>Without limiting any of those representations or warranties, Operator
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has the right (though not the obligation) to, in Operator’s sole
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discretion (i) refuse or remove any content that, in Operator’s
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reasonable opinion, violates any Operator policy or is in any way
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harmful or objectionable, or (ii) terminate or deny access to and use
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of the Website to any individual or entity for any reason, in
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Operator’s sole discretion.</p>
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</li>
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<li><strong>Responsibility of Website Visitors.</strong> Operator has not reviewed,
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and cannot review, all of the material, including computer software,
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posted to the Website, and cannot therefore be responsible for that
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material’s content, use or effects. By operating the Website,
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Operator does not represent or imply that it endorses the material
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there posted, or that it believes such material to be accurate, useful
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or non-harmful. You are responsible for taking precautions as
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necessary to protect yourself and your computer systems from viruses,
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worms, Trojan horses, and other harmful or destructive content. The
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Website may contain content that is offensive, indecent, or otherwise
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objectionable, as well as content containing technical inaccuracies,
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typographical mistakes, and other errors. The Website may also contain
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material that violates the privacy or publicity rights, or infringes
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the intellectual property and other proprietary rights, of third
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parties, or the downloading, copying or use of which is subject to
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additional terms and conditions, stated or unstated. Operator
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disclaims any responsibility for any harm resulting from the use by
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visitors of the Website, or from any downloading by those visitors of
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content there posted.</li>
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<li><strong>Content Posted on Other Websites.</strong> We have not reviewed, and
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cannot review, all of the material, including computer software, made
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available through the websites and webpages to which %%site.name%%
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links, and that link to %%site.name%%. Operator does not have any
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control over those external websites and webpages, and is not
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responsible for their contents or their use. By linking to a
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external website or webpage, Operator does not represent or
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imply that it endorses such website or webpage. You are responsible
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for taking precautions as necessary to protect yourself and your
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computer systems from viruses, worms, Trojan horses, and other harmful
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or destructive content. Operator disclaims any responsibility for
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any harm resulting from your use of external websites and
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webpages.</li>
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<li><strong>Copyright Infringement and DMCA Policy.</strong> As Operator asks
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others to respect its intellectual property rights, it respects the
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intellectual property rights of others. If you believe that material
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located on or linked to by %%site.name%% violates your copyright, you
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are encouraged to notify Operator in accordance with Operator’s
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Digital Millennium Copyright Act (”DMCA”) Policy. Operator will
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respond to all such notices, including as required or appropriate by
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removing the infringing material or disabling all links to the
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infringing material. In the case of a visitor who may infringe or
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repeatedly infringes the copyrights or other intellectual property
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rights of Operator or others, Operator may, in its discretion,
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terminate or deny access to and use of the Website. In the case of
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such termination, Operator will have no obligation to provide a
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refund of any amounts previously paid to Operator.</li>
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<li><strong>Intellectual Property.</strong> This Agreement does not
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transfer from Operator to you any Operator or third party intellectual
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property, and all right, title and interest in and to such property
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will remain (as between the parties) solely with Operator.
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%%site.name%%, the %%site.name%% logo, and all other trademarks,
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service marks, graphics and logos used in connection with
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%%site.name%%, or the Website are trademarks or registered trademarks
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of Operator or Operator’s licensors. Other trademarks, service marks,
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graphics and logos used in connection with the Website may be the
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trademarks of other third parties. Your use of the Website grants you
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no right or license to reproduce or otherwise use any Operator or
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third-party trademarks.</li>
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<li><strong>Changes.</strong> Operator reserves the right, at its sole
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discretion, to modify or replace any part of this Agreement. It is
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your responsibility to check this Agreement periodically for changes.
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Your continued use of or access to the Website following the posting
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of any changes to this Agreement constitutes acceptance of those
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changes. Operator may also, in the future, offer new services and/or
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|
features through the Website (including, the release of new tools and
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resources). Such new features and/or services shall be subject to the
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terms and conditions of this Agreement.</li>
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<li><strong>Termination.</strong> Operator may terminate your access
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to all or any part of the Website at any time, with or without cause,
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with or without notice, effective immediately. If you wish to
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terminate this Agreement or your %%site.name%% account (if you have
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one), you may simply discontinue using the Website. All provisions of
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this Agreement which by their nature should survive termination shall
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survive termination, including, without limitation, ownership
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provisions, warranty disclaimers, indemnity and limitations of
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liability.</li>
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<li><strong>Disclaimer of Warranties.</strong> The Website is provided
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“as is”. Operator and its suppliers and licensors hereby disclaim all
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warranties of any kind, express or implied, including, without
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limitation, the warranties of merchantability, fitness for a
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particular purpose and non-infringement. Neither Operator nor its
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suppliers and licensors, makes any warranty that the Website will be
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error free or that access thereto will be continuous or uninterrupted.
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If you’re actually reading this, here’s a treat. You understand that
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you download from, or otherwise obtain content or services through,
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the Website at your own discretion and risk.</li>
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<li><strong>Limitation of Liability.</strong> In no event will
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Operator, or its suppliers or licensors, be liable with respect to any
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subject matter of this agreement under any contract, negligence,
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strict liability or other legal or equitable theory for: (i) any
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|
special, incidental or consequential damages; (ii) the cost of
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procurement or substitute products or services; (iii) for interruption
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of use or loss or corruption of data; or (iv) for any amounts that
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exceed the fees paid by you to Operator under this agreement during
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the twelve (12) month period prior to the cause of action. Operator
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shall have no liability for any failure or delay due to matters beyond
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their reasonable control. The foregoing shall not apply to the extent
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prohibited by applicable law.</li>
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<li><strong>General Representation and Warranty.</strong> You
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|
represent and warrant that (i) your use of the Website will be in
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|
strict accordance with the Operator Privacy Policy, with this
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|
Agreement and with all applicable laws and regulations (including
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|
without limitation any local laws or regulations in your country,
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|
state, city, or other governmental area, regarding online conduct and
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|
acceptable content, and including all applicable laws regarding the
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|
transmission of technical data exported from the United States or the
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country in which you reside) and (ii) your use of the Website will not
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|
infringe or misappropriate the intellectual property rights of any
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third party.</li>
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|
<li><strong>Indemnification.</strong> You agree to indemnify and hold
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|
harmless Operator, its contractors, and its licensors, and their
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|
respective directors, officers, employees and agents from and against
|
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|
any and all claims and expenses, including attorneys’ fees, arising
|
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|
out of your use of the Website, including but not limited to out of
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|
your violation this Agreement.</li>
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|
<li><strong>Miscellaneous.</strong> This Agreement constitutes the
|
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|
entire agreement between Operator and you concerning the subject
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|
matter hereof, and they may only be modified by a written amendment
|
||||||
|
signed by an authorized executive of Operator, or by the posting by
|
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|
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
|
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|
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
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||||||
|
specific to instances of this software made by Control Yourself, Inc.
|
||||||
|
and made available under the terms of the same license.*
|
@ -708,6 +708,11 @@ class Action extends HTMLOutputter // lawsuit
|
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_('About'));
|
_('About'));
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$this->menuItem(common_local_url('doc', array('title' => 'faq')),
|
$this->menuItem(common_local_url('doc', array('title' => 'faq')),
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||||||
_('FAQ'));
|
_('FAQ'));
|
||||||
|
$bb = common_config('site', 'broughtby');
|
||||||
|
if (!empty($bb)) {
|
||||||
|
$this->menuItem(common_local_url('doc', array('title' => 'tos')),
|
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|
_('TOS'));
|
||||||
|
}
|
||||||
$this->menuItem(common_local_url('doc', array('title' => 'privacy')),
|
$this->menuItem(common_local_url('doc', array('title' => 'privacy')),
|
||||||
_('Privacy'));
|
_('Privacy'));
|
||||||
$this->menuItem(common_local_url('doc', array('title' => 'source')),
|
$this->menuItem(common_local_url('doc', array('title' => 'source')),
|
||||||
|
Loading…
Reference in New Issue
Block a user