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|||||||
The gist
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The gist
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||||||
--------
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--------
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||||||
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||||||
We (the folks at Automattic) run a service called WordPress.com and
|
We (the folks at [%%site.broughtby%%](%%site.broughtbyurl%%)) run a
|
||||||
would love for you to use it. Our basic service is free, and we offer
|
service called %%site.name%% and would love for you to use it. Our
|
||||||
paid upgrades for advanced features such as domain hosting and extra
|
basic service is free, and we offer paid upgrades for advanced
|
||||||
storage. Our service is designed to give you as much control and
|
features such as domain hosting and extra storage. Our service is
|
||||||
ownership over what goes on your blog as possible and encourage you to
|
designed to give you as much control and ownership over what goes on
|
||||||
express yourself freely. However, be responsible in what you blog. In
|
your blog as possible and encourage you to express yourself freely.
|
||||||
particular, make sure that none of the prohibited items listed below
|
However, be responsible in what you blog. In particular, make sure
|
||||||
appear on your blog or get linked to from your blog (things like spam,
|
that none of the prohibited items listed below appear on your blog or
|
||||||
viruses, or hate content).
|
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
|
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
|
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.
|
please check our complaints page.
|
||||||
|
|
||||||
(Note, we’ve decided to make the below Terms of Service available
|
(Note, we’ve decided to make the below Terms of Service available
|
||||||
under a Creative Commons Sharealike license, which means you’re more
|
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
|
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
|
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
|
spent a lot of money and time on the below, and other people shouldn’t
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||||||
need to do the same.)
|
need to do the same.)
|
||||||
Terms of Service:
|
|
||||||
|
|
||||||
The following terms and conditions govern all use of the WordPress.com
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Terms of Service
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||||||
|
----------------
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||||||
|
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||||||
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The following terms and conditions govern all use of the %%site.name%%
|
||||||
website and all content, services and products available at or through
|
website and all content, services and products available at or through
|
||||||
the website, including, but not limited to, the WordPress.com VIP
|
the website (taken together, the Website). The Website is owned and
|
||||||
hosting service (“VIP Service”), (taken together, the Website). The
|
operated by %%site.broughtby%% (“Operator”). The Website is offered
|
||||||
Website is owned and operated by Automattic, Inc. (“Automattic”). The
|
subject to your acceptance without modification of all of the terms
|
||||||
Website is offered subject to your acceptance without modification of
|
and conditions contained herein and all other operating rules,
|
||||||
all of the terms and conditions contained herein and all other
|
policies (including, without limitation, Operator’s Privacy Policy)
|
||||||
operating rules, policies (including, without limitation, Automattic’s
|
and procedures that may be published from time to time on this Site by
|
||||||
Privacy Policy) and procedures that may be published from time to time
|
Operator (collectively, the “Agreement”).
|
||||||
on this Site by Automattic (collectively, the “Agreement”).
|
|
||||||
|
|
||||||
Please read this Agreement carefully before accessing or using the
|
Please read this Agreement carefully before accessing or using the
|
||||||
Website. By accessing or using any part of the web site, you agree to
|
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
|
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
|
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
|
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
|
expressly limited to these terms. The Website is available only to
|
||||||
individuals who are at least 13 years old.
|
individuals who are at least 13 years old.
|
||||||
|
|
||||||
1. Your WordPress.com Account and Site. If you create a blog on the
|
<ol>
|
||||||
Website, you are responsible for maintaining the security of your
|
|
||||||
account and blog, and you are fully responsible for all activities
|
<li><strong>Your %%site.name%% Account and Site.</strong> If you
|
||||||
that occur under the account and any other actions taken in connection
|
create a blog on the Website, you are responsible for maintaining the
|
||||||
with the blog. You must not describe or assign keywords to your blog
|
security of your account and blog, and you are fully responsible for
|
||||||
in a misleading or unlawful manner, including in a manner intended to
|
all activities that occur under the account and any other actions
|
||||||
trade on the name or reputation of others, and Automattic may change
|
taken in connection with the blog. You must not describe or assign
|
||||||
or remove any description or keyword that it considers inappropriate
|
keywords to your blog in a misleading or unlawful manner, including in
|
||||||
or unlawful, or otherwise likely to cause Automattic liability. You
|
a manner intended to trade on the name or reputation of others, and
|
||||||
must immediately notify Automattic of any unauthorized uses of your
|
Operator may change or remove any description or keyword that it
|
||||||
blog, your account or any other breaches of security. Automattic will
|
considers inappropriate or unlawful, or otherwise likely to cause
|
||||||
not be liable for any acts or omissions by You, including any damages
|
Operator liability. You must immediately notify Operator of any
|
||||||
of any kind incurred as a result of such acts or omissions.
|
unauthorized uses of your blog, your account or any other breaches of
|
||||||
2. Responsibility of Contributors. If you operate a blog, comment
|
security. Operator will not be liable for any acts or omissions by
|
||||||
on a blog, post material to the Website, post links on the Website, or
|
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
|
otherwise make (or allow any third party to make) material available
|
||||||
by means of the Website (any such material, “Content”), You are
|
by means of the Website (any such material, “Content”), You are
|
||||||
entirely responsible for the content of, and any harm resulting from,
|
entirely responsible for the content of, and any harm resulting from,
|
||||||
that Content. That is the case regardless of whether the Content in
|
that Content. That is the case regardless of whether the Content in
|
||||||
question constitutes text, graphics, an audio file, or computer
|
question constitutes text, graphics, an audio file, or computer
|
||||||
software. By making Content available, you represent and warrant that:
|
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
|
<ul>
|
||||||
copyright, patent, trademark or trade secret rights, of any third party;
|
|
||||||
* if your employer has rights to intellectual property you
|
<li>the downloading, copying and use of the Content will not infringe
|
||||||
create, you have either (i) received permission from your employer to
|
the proprietary rights, including but not limited to the copyright,
|
||||||
post or make available the Content, including but not limited to any
|
patent, trademark or trade secret rights, of any third party;</li>
|
||||||
software, or (ii) secured from your employer a waiver as to all rights
|
|
||||||
in or to the Content;
|
<li>if your employer has rights to intellectual property you create,
|
||||||
* you have fully complied with any third-party licenses
|
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
|
relating to the Content, and have done all things necessary to
|
||||||
successfully pass through to end users any required terms;
|
successfully pass through to end users any required terms;</li>
|
||||||
* the Content does not contain or install any viruses,
|
|
||||||
worms, malware, Trojan horses or other harmful or destructive content;
|
<li>the Content does not contain or install any viruses, worms, malware,
|
||||||
* the Content is not spam, is not machine- or
|
Trojan horses or other harmful or destructive content;</li>
|
||||||
randomly-generated, and does not contain unethical or unwanted
|
|
||||||
commercial content designed to drive traffic to third party sites or
|
<li>the Content is not spam, is not machine- or randomly-generated, and does not
|
||||||
boost the search engine rankings of third party sites, or to further
|
contain unethical or unwanted commercial content designed to drive
|
||||||
unlawful acts (such as phishing) or mislead recipients as to the
|
traffic to third party sites or boost the search engine rankings of
|
||||||
source of the material (such as spoofing);
|
third party sites, or to further unlawful acts (such as phishing) or
|
||||||
* the Content is not libelous or defamatory (more info on
|
mislead recipients as to the source of the material (such as
|
||||||
|
spoofing);</li>
|
||||||
|
|
||||||
|
<li>the Content is not libelous or defamatory (more info on
|
||||||
what that means), does not contain threats or incite violence towards
|
what that means), does not contain threats or incite violence towards
|
||||||
individuals or entities, and does not violate the privacy or publicity
|
individuals or entities, and does not violate the privacy or publicity
|
||||||
rights of any third party;
|
rights of any third party;</li>
|
||||||
* your blog is not getting advertised via unwanted
|
|
||||||
electronic messages such as spam links on newsgroups, email lists,
|
<li>your blog is not getting advertised via unwanted electronic
|
||||||
other blogs and web sites, and similar unsolicited promotional methods;
|
messages such as spam links on newsgroups, email lists, other blogs
|
||||||
* your blog is not named in a manner that misleads your
|
and web sites, and similar unsolicited promotional methods;</li>
|
||||||
|
|
||||||
|
<li>your blog is not named in a manner that misleads your
|
||||||
readers into thinking that you are another person or company. For
|
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 blog’s URL or name is not the name of a person other
|
||||||
than yourself or company other than your own; and
|
than yourself or company other than your own; and</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 Automattic
|
|
||||||
or otherwise.
|
|
||||||
|
|
||||||
By submitting Content to Automattic for inclusion on your
|
<li>you have, in the
|
||||||
Website, you grant Automattic a world-wide, royalty-free, and
|
case of Content that includes computer code, accurately categorized
|
||||||
non-exclusive license to reproduce, modify, adapt and publish the
|
and/or described the type, nature, uses and effects of the materials,
|
||||||
Content solely for the purpose of displaying, distributing and
|
whether requested to do so by Operator or otherwise.</li>
|
||||||
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,
|
</ul>
|
||||||
Automattic has the right (though not the obligation) to, in
|
|
||||||
Automattic’s sole discretion (i) refuse or remove any content that, in
|
<p>By submitting Content to Operator for inclusion on your Website, you
|
||||||
Automattic’s reasonable opinion, violates any Automattic policy or is
|
grant Operator a world-wide, royalty-free, and non-exclusive license
|
||||||
in any way harmful or objectionable, or (ii) terminate or deny access
|
to reproduce, modify, adapt and publish the Content solely for the
|
||||||
to and use of the Website to any individual or entity for any reason,
|
purpose of displaying, distributing and promoting your blog. If you
|
||||||
in Automattic’s sole discretion. Automattic will have no obligation to
|
delete Content, Operator will use reasonable efforts to remove it from
|
||||||
provide a refund of any amounts previously paid.
|
the Website, but you acknowledge that caching or references to the
|
||||||
3. Fees and Payment. Optional premium paid services such as extra
|
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. 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.
|
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
|
or annual subscription fees indicated for that service (the payment
|
||||||
terms for VIP hosting are described below). Payments will be charged
|
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
|
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
|
that service for a monthly or annual period as indicated. Premium
|
||||||
service fees are not refundable.
|
service fees are not refundable.</li>
|
||||||
4. VIP Services.
|
|
||||||
* Fees; Payment. By signing up for a VIP Services account
|
<li><strong>VIP Services.</strong>
|
||||||
you agree to pay Automattic the setup fees and monthly hosting fees
|
|
||||||
|
<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
|
indicated at http://wordpress.com/vip-hosting/ in exchange for the
|
||||||
services listed at http://wordpress.com/vip-hosting/. Applicable fees
|
services listed at http://wordpress.com/vip-hosting/. Applicable fees
|
||||||
will be invoiced starting from the day your VIP Services are
|
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
|
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
|
prior written notice to you. VIP Services can be canceled by you at
|
||||||
anytime on 30 days written notice to Automattic.
|
anytime on 30 days written notice to Operator.
|
||||||
* Support. VIP Services include access to priority email
|
</li>
|
||||||
|
<li><strong>Support.</strong> VIP Services include access to priority email
|
||||||
support. “Email support” means the ability to make requests for
|
support. “Email support” means the ability to make requests for
|
||||||
technical support assistance by email at any time (with reasonable
|
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
|
the use of the VIP Services. “Priority” means that support for VIP
|
||||||
Services customers takes priority over support for users of the
|
Services customers takes priority over support for users of the
|
||||||
standard, free WordPress.com blogging services. All VIP Services
|
standard, free %%site.name%% blogging services. All VIP Services
|
||||||
support will be provided in accordance with Automattic standard VIP
|
support will be provided in accordance with Operator standard VIP
|
||||||
Services practices, procedures and policies.
|
Services practices, procedures and policies.
|
||||||
5. Responsibility of Website Visitors. Automattic has not reviewed,
|
</li>
|
||||||
|
</ul>
|
||||||
|
</li>
|
||||||
|
|
||||||
|
<li><strong>Responsibility of Website Visitors.</strong> Operator has not reviewed,
|
||||||
and cannot review, all of the material, including computer software,
|
and cannot review, all of the material, including computer software,
|
||||||
posted to the Website, and cannot therefore be responsible for that
|
posted to the Website, and cannot therefore be responsible for that
|
||||||
material’s content, use or effects. By operating the Website,
|
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
|
there posted, or that it believes such material to be accurate, useful
|
||||||
or non-harmful. You are responsible for taking precautions as
|
or non-harmful. You are responsible for taking precautions as
|
||||||
necessary to protect yourself and your computer systems from viruses,
|
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
|
material that violates the privacy or publicity rights, or infringes
|
||||||
the intellectual property and other proprietary rights, of third
|
the intellectual property and other proprietary rights, of third
|
||||||
parties, or the downloading, copying or use of which is subject to
|
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
|
disclaims any responsibility for any harm resulting from the use by
|
||||||
visitors of the Website, or from any downloading by those visitors of
|
visitors of the Website, or from any downloading by those visitors of
|
||||||
content there posted.
|
content there posted.</li>
|
||||||
6. Content Posted on Other Websites. We have not reviewed, and
|
|
||||||
|
<li><strong>Content Posted on Other Websites.</strong> We have not reviewed, and
|
||||||
cannot review, all of the material, including computer software, made
|
cannot review, all of the material, including computer software, made
|
||||||
available through the websites and webpages to which WordPress.com
|
available through the websites and webpages to which %%site.name%%
|
||||||
links, and that link to WordPress.com. Automattic does not have any
|
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 non-WordPress websites and webpages, and is not
|
||||||
responsible for their contents or their use. By linking to a
|
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
|
imply that it endorses such website or webpage. You are responsible
|
||||||
for taking precautions as necessary to protect yourself and your
|
for taking precautions as necessary to protect yourself and your
|
||||||
computer systems from viruses, worms, Trojan horses, and other harmful
|
computer systems from viruses, worms, Trojan horses, and other harmful
|
||||||
or destructive content. Automattic disclaims any responsibility for
|
or destructive content. Operator disclaims any responsibility for
|
||||||
any harm resulting from your use of non-WordPress websites and webpages.
|
any harm resulting from your use of non-WordPress websites and
|
||||||
7. Copyright Infringement and DMCA Policy. As Automattic asks
|
webpages.</li>
|
||||||
|
|
||||||
|
<li><strong>Copyright Infringement and DMCA Policy.</strong> As Operator asks
|
||||||
others to respect its intellectual property rights, it respects the
|
others to respect its intellectual property rights, it respects the
|
||||||
intellectual property rights of others. If you believe that material
|
intellectual property rights of others. If you believe that material
|
||||||
located on or linked to by WordPress.com violates your copyright, you
|
located on or linked to by %%site.name%% violates your copyright, you
|
||||||
are encouraged to notify Automattic in accordance with Automattic’s
|
are encouraged to notify Operator in accordance with Operator’s
|
||||||
Digital Millennium Copyright Act (”DMCA”) Policy. Automattic will
|
Digital Millennium Copyright Act (”DMCA”) Policy. Operator will
|
||||||
respond to all such notices, including as required or appropriate by
|
respond to all such notices, including as required or appropriate by
|
||||||
removing the infringing material or disabling all links to the
|
removing the infringing material or disabling all links to the
|
||||||
infringing material. In the case of a visitor who may infringe or
|
infringing material. In the case of a visitor who may infringe or
|
||||||
repeatedly infringes the copyrights or other intellectual property
|
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
|
terminate or deny access to and use of the Website. In the case of
|
||||||
such termination, Automattic will have no obligation to provide a
|
such termination, Operator will have no obligation to provide a
|
||||||
refund of any amounts previously paid to Automattic.
|
refund of any amounts previously paid to Operator.</li>
|
||||||
8. Intellectual Property. This Agreement does not transfer from
|
|
||||||
Automattic to you any Automattic or third party intellectual property,
|
<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
|
and all right, title and interest in and to such property will remain
|
||||||
(as between the parties) solely with Automattic. Automattic,
|
(as between the parties) solely with Operator. Operator,
|
||||||
WordPress, WordPress.com, the WordPress.com logo, and all other
|
WordPress, %%site.name%%, the %%site.name%% logo, and all other
|
||||||
trademarks, service marks, graphics and logos used in connection with
|
trademarks, service marks, graphics and logos used in connection with
|
||||||
WordPress.com, or the Website are trademarks or registered trademarks
|
%%site.name%%, or the Website are trademarks or registered trademarks
|
||||||
of Automattic or Automattic’s licensors. Other trademarks, service
|
of Operator or Operator’s licensors. Other trademarks, service
|
||||||
marks, graphics and logos used in connection with the Website may be
|
marks, graphics and logos used in connection with the Website may be
|
||||||
the trademarks of other third parties. Your use of the Website grants
|
the trademarks of other third parties. Your use of the Website grants
|
||||||
you no right or license to reproduce or otherwise use any Automattic
|
you no right or license to reproduce or otherwise use any Operator
|
||||||
or third-party trademarks.
|
or third-party trademarks.</li>
|
||||||
9. Changes. Automattic reserves the right, at its sole discretion,
|
|
||||||
|
<li><strong>Changes.</strong> Operator reserves the right, at its sole discretion,
|
||||||
to modify or replace any part of this Agreement. It is your
|
to modify or replace any part of this Agreement. It is your
|
||||||
responsibility to check this Agreement periodically for changes. Your
|
responsibility to check this Agreement periodically for changes. Your
|
||||||
continued use of or access to the Website following the posting of any
|
continued use of or access to the Website following the posting of any
|
||||||
changes to this Agreement constitutes acceptance of those changes.
|
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
|
through the Website (including, the release of new tools and
|
||||||
resources). Such new features and/or services shall be subject to the
|
resources). Such new features and/or services shall be subject to the
|
||||||
terms and conditions of this Agreement.
|
terms and conditions of this Agreement.</li>
|
||||||
10. Termination. Automattic may terminate your access to all or any
|
|
||||||
|
<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
|
part of the Website at any time, with or without cause, with or
|
||||||
without notice, effective immediately. If you wish to terminate this
|
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,
|
simply discontinue using the Website. Notwithstanding the foregoing,
|
||||||
if you have a VIP Services account, such account can only be
|
if you have a VIP Services account, such account can only be
|
||||||
terminated by Automattic if you materially breach this Agreement and
|
terminated by Operator if you materially breach this Agreement and
|
||||||
fail to cure such breach within thirty (30) days from Automattic’s
|
fail to cure such breach within thirty (30) days from Operator’s
|
||||||
notice to you thereof; provided that, Automattic can terminate the
|
notice to you thereof; provided that, Operator can terminate the
|
||||||
Website immediately as part of a general shut down of our service. All
|
Website immediately as part of a general shut down of our service. All
|
||||||
provisions of this Agreement which by their nature should survive
|
provisions of this Agreement which by their nature should survive
|
||||||
termination shall survive termination, including, without limitation,
|
termination shall survive termination, including, without limitation,
|
||||||
ownership provisions, warranty disclaimers, indemnity and limitations
|
ownership provisions, warranty disclaimers, indemnity and limitations
|
||||||
of liability.
|
of liability.</li>
|
||||||
11. Disclaimer of Warranties. The Website is provided “as is”.
|
|
||||||
Automattic 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
|
warranties of any kind, express or implied, including, without
|
||||||
limitation, the warranties of merchantability, fitness for a
|
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
|
suppliers and licensors, makes any warranty that the Website will be
|
||||||
error free or that access thereto will be continuous or uninterrupted.
|
error free or that access thereto will be continuous or uninterrupted.
|
||||||
If you’re actually reading this, here’s a treat. You understand that
|
If you’re actually reading this, here’s a treat. You understand that
|
||||||
you download from, or otherwise obtain content or services through,
|
you download from, or otherwise obtain content or services through,
|
||||||
the Website at your own discretion and risk.
|
the Website at your own discretion and risk.</li>
|
||||||
12. Limitation of Liability. In no event will Automattic, or its
|
|
||||||
|
<li><strong>Limitation of Liability.</strong> In no event will Operator, or its
|
||||||
suppliers or licensors, be liable with respect to any subject matter
|
suppliers or licensors, be liable with respect to any subject matter
|
||||||
of this agreement under any contract, negligence, strict liability or
|
of this agreement under any contract, negligence, strict liability or
|
||||||
other legal or equitable theory for: (i) any special, incidental or
|
other legal or equitable theory for: (i) any special, incidental or
|
||||||
consequential damages; (ii) the cost of procurement or substitute
|
consequential damages; (ii) the cost of procurement or substitute
|
||||||
products or services; (iii) for interruption of use or loss or
|
products or services; (iii) for interruption of use or loss or
|
||||||
corruption of data; or (iv) for any amounts that exceed the fees paid
|
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
|
by you to Operator under this agreement during the twelve (12) month
|
||||||
period prior to the cause of action. Automattic shall have no
|
period prior to the cause of action. Operator shall have no
|
||||||
liability for any failure or delay due to matters beyond their
|
liability for any failure or delay due to matters beyond their
|
||||||
reasonable control. The foregoing shall not apply to the extent
|
reasonable control. The foregoing shall not apply to the extent
|
||||||
prohibited by applicable law.
|
prohibited by applicable law.</li>
|
||||||
13. General Representation and Warranty. You represent and warrant
|
|
||||||
|
<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
|
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
|
laws and regulations (including without limitation any local laws or
|
||||||
regulations in your country, state, city, or other governmental area,
|
regulations in your country, state, city, or other governmental area,
|
||||||
regarding online conduct and acceptable content, and including all
|
regarding online conduct and acceptable content, and including all
|
||||||
applicable laws regarding the transmission of technical data exported
|
applicable laws regarding the transmission of technical data exported
|
||||||
from the United States or the country in which you reside) and (ii)
|
from the United States or the country in which you reside) and (ii)
|
||||||
your use of the Website will not infringe or misappropriate the
|
your use of the Website will not infringe or misappropriate the
|
||||||
intellectual property rights of any third party.
|
intellectual property rights of any third party.</li>
|
||||||
14. Indemnification. You agree to indemnify and hold harmless
|
|
||||||
Automattic, its contractors, and its licensors, and their respective
|
<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
|
directors, officers, employees and agents from and against any and all
|
||||||
claims and expenses, including attorneys’ fees, arising out of your
|
claims and expenses, including attorneys’ fees, arising out of your
|
||||||
use of the Website, including but not limited to out of your violation
|
use of the Website, including but not limited to out of your violation
|
||||||
this Agreement.
|
this Agreement.</li>
|
||||||
15. Miscellaneous. This Agreement constitutes the entire agreement
|
|
||||||
between Automattic and you concerning the subject matter hereof, and
|
<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
|
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,
|
a revised version. Except to the extent applicable law, if any,
|
||||||
provides otherwise, this Agreement, any access to or use of the
|
provides otherwise, this Agreement, any access to or use of the
|
||||||
Website will be governed by the laws of the state of California,
|
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
|
instance, will not waive such term or condition or any subsequent
|
||||||
breach thereof. You may assign your rights under this Agreement to any
|
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
|
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
|
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.</li>
|
||||||
|
</ol>
|
||||||
|
|
||||||
*Originally published by Automattic, Inc. as the [WordPress.com Terms
|
*Originally published by Automattic, Inc. as the [WordPress.com Terms
|
||||||
of Service](http://en.wordpress.com/tos/) and made available by them
|
of Service](http://en.wordpress.com/tos/) and made available by them
|
||||||
|
Loading…
Reference in New Issue
Block a user