{#
# GNU MediaGoblin -- federated, autonomous media hosting
# Copyright (C) 2011, 2012 MediaGoblin contributors.  See AUTHORS.
#
# This program is free software: you can redistribute it and/or modify
# it under the terms of the GNU Affero General Public License as published by
# the Free Software Foundation, either version 3 of the License, or
# (at your option) any later version.
#
# This program is distributed in the hope that it will be useful,
# but WITHOUT ANY WARRANTY; without even the implied warranty of
# MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
# GNU Affero General Public License for more details.
#
# You should have received a copy of the GNU Affero General Public License
# along with this program.  If not, see <http://www.gnu.org/licenses/>.
#}
{% extends "mediagoblin/base.html" %}

{% block title %}
  Terms of Service
{% endblock %}

{% block mediagoblin_content -%}
{# <h2>The gist</h2>
#   This is where you might insert your own particular rules, unique to your
#    own website. Or your own worded summary.
#}

<h2>Terms of Service</h2>

<p>
The following terms and conditions govern all use of the
{{ app_config['html_title'] }} website and all content, services and products
available at or through the website (taken together, the Website).
"Operator" means the owners and operators of this website.
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) and
procedures that may be published from time to time on this Site by Operator
(collectively, the “Agreement”).
</p>

<p>
Please read this Agreement carefully before accessing or using the Website.
By accessing or using any part of the web site, you agree to become bound by
the terms and conditions of this agreement. If you do not agree to all the
terms and conditions of this agreement, then you may not access the Website
or use any services. If these terms and conditions are considered an offer by
Operator, acceptance is expressly limited to these terms. The Website is
available only to individuals who are at least 13 years old.
</p>

<ol id="code_of_conduct_list">
  <li><strong>Your {{ app_config['html_title'] }} Account and Site.</strong>
    If you create a notice stream on the Website, you are responsible for
    maintaining the security of your account and notice stream, and you are
    fully responsible for all activities that occur under the account and any
    other actions taken in connection with the notice stream. You must not
    describe or assign keywords to your notice stream in a misleading or
    unlawful manner,
    including in a manner intended to trade on the name or reputation of
    others, and Operator may change or remove any description or keyword that
    it considers inappropriate or unlawful, or otherwise likely to cause
    Operator liability. You must immediately notify Operator of any
    unauthorized uses of your notice stream, your account or any other breaches
    of security. Operator will not be liable for any acts or omissions by You,
    including any damages of any kind incurred as a result of such acts or
    omissions.
  </li>
  <li><strong>Responsibility of Contributors.</strong> If you operate a notice
    stream, comment on a notice stream, post material to the Website, post
    links on the Website, or otherwise make
    (or allow any third party to make) material
    available by means of the Website (any such material, “Content”), You are
    entirely responsible for the content of, and any harm resulting from, that
    Content. That is the case regardless of whether the Content in question
    constitutes text, graphics, an audio file, or computer software. By making
    Content available, you represent and warrant that:
    <ul class="nested_sublist">
      <li>
        the downloading, copying and use of the Content will not infringe
        the proprietary rights, including but not limited to the copyright,
        patent, trademark or trade secret rights, of any third party;
      </li>
      <li>
        if your employer has rights to any copyrights, patents, or trademarks
        you create, you have either (i) received permission from your employer
        to post or make available the Content, including but not limited to any
        software, or (ii) secured from your employer a waiver as to all rights
        in or to the Content;
      </li>
      <li>
        you have fully complied with any third-party licenses relating to the
        Content, and have done all things necessary to successfully pass
        through to end users any required terms;
      </li>
      <li>the Content does not contain or install any viruses, worms, malware,
        Trojan horses or other harmful or destructive content;
      </li>
      <li>the Content is not spam, and does not contain unethical or unwanted
        commercial content designed to drive traffic to third party sites or
        boost the search engine rankings of third party sites, or to further
        unlawful acts (such as phishing) or mislead recipients as to the
        source of the material (such as spoofing);
      </li>
      <li>if the Content is machine- or randomly-generated, it is for purposes
        of direct entertainment, information and/or utility for you or other
        users, and not for spam,
      </li>
      <li>the Content is not libelous or defamatory (more info on what that
        means), does not contain threats or incite violence towards individuals
        or entities, and does not violate the privacy or publicity rights of
        any third party;
      </li>
      <li>your notice stream is not getting advertised via unwanted electronic
        messages such as spam links on newsgroups, email lists, other notice
        streams and web sites, and similar unsolicited promotional methods;
      </li>
      <li>your notice stream is not named in a manner that misleads your
        readers into thinking that you are another person or company. For
        example, your notice stream’s URL or name is not the name of a person
        other than yourself or company other than your own; and
      </li>
      <li>you have, in the case of Content that includes computer code,
        accurately categorized and/or described the type, nature, uses and
        effects of the materials, whether requested to do so by Operator or
        otherwise.</li>
      </ul>
    By submitting Content to Operator for inclusion on your Website, you grant
    Operator a world-wide, royalty-free, and non-exclusive license to
    reproduce, modify, adapt and publish the Content solely for the purpose of
    displaying, distributing and promoting your notice stream.
    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 Creative Commons Attribution 3.0.
    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.
    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.
  </li>
  <li><strong>Responsibility of Website Visitors.</strong> Operator has not
    reviewed, and cannot
    review, all of the material, including computer software, posted to the
    Website, and cannot therefore be responsible for that material’s content,
    use or effects. By operating the Website, Operator does not represent or
    imply that it endorses the material there posted, or that it believes such
    material to be accurate, useful or non-harmful. You are responsible for
    taking precautions as necessary to protect yourself and your computer
    systems from viruses, worms, Trojan horses, and other harmful or
    destructive content. The Website may contain content that is offensive,
    indecent, or otherwise objectionable, as well as content containing
    technical inaccuracies, typographical mistakes, and other errors. The
    Website may also contain material that violates the privacy or publicity
    rights, or infringes the copyright, patent, trademark and other proprietary
    rights, of third parties, or the downloading, copying or use of which is
    subject to additional terms and conditions, stated or unstated. Operator
    disclaims any responsibility for any harm resulting from the use by
    visitors of the Website, or from any downloading by those visitors of
    content there posted.
  </li>
  <li><strong>Content Posted on Other Websites.</strong> We have not reviewed,
    and cannot
    review, all of the material, including computer software, made available
    through the websites and webpages to which {{ app_config['html_title'] }}
    links, and that link to {{ app_config['html_title'] }}. Operator does not
    have any control over those external websites and webpages, and is not
    responsible for their contents or their use. By linking to a external
    website or webpage, Operator does not represent or imply that it endorses
    such website or webpage. You are responsible for taking precautions as
    necessary to protect yourself and your computer systems from viruses,
    worms, Trojan horses, and other harmful or destructive content. Operator
    disclaims any responsibility for any harm resulting from your use of
    external websites and webpages.
  </li>
  <li>
    <strong>Copyright Infringement and DMCA Policy.</strong>
    As Operator asks others to respect its copyrights and trademark rights,
    it respects the copyright, patent, and trademark rights of others.
    If you believe that material located on or linked to by
    {{ app_config['html_title'] }} violates your copyright, you are encouraged
    to notify Operator in accordance with Operator’s Digital Millennium
    Copyright Act (”DMCA”) Policy. Operator will respond to all such notices,
    including as required or appropriate by removing the infringing material or
    disabling all links to the infringing material. In the case of a visitor who
    may infringe or repeatedly infringes the copyrights or other trademark or
    patent rights of Operator or others, Operator may, in its discretion,
    terminate or deny access to and use of the Website. In the case of such
    termination, Operator will have no obligation to provide a refund of any
    amounts previously paid to Operator.</li>
  <li>
    <strong>Copyrights, patents, and trademarks.</strong>
    This Agreement does not transfer from Operator to
    you any Operator or third party copyrights, patents, or trademarks,
    and all right, title and interest in and to such copyrights, patents,
    and trademarks will remain (as between the
    parties) solely with Operator. {{ app_config['html_title'] }}, the
    {{ app_config['html_title'] }} logo, and all other trademarks, service
    marks, graphics and logos used in connection with
    {{ app_config['html_title'] }}, or the Website may be trademarks or
    registered trademarks of Operator or Operator’s licensors. Other
    trademarks, service marks, graphics and logos used in connection with the
    Website may be the trademarks of other third parties. Your use of the
    Website grants you no right or license to reproduce or otherwise use any
    Operator or third-party trademarks.
  </li>
  <li><strong>Changes.</strong> Operator reserves the right, at its sole
    discretion, to modify
    or replace any part of this Agreement. It is your responsibility to check
    this Agreement periodically for changes. Your continued use of or access
    to the Website following the posting of any changes to this Agreement
    constitutes acceptance of those changes. Operator may also, in the future,
    offer new services and/or features through the Website (including, the
    release of new tools and resources). Such new features and/or services
    shall be subject to the terms and conditions of this Agreement.
  </li>
  <li><strong>Termination.</strong> Operator may terminate your access to all
    or any part of
    the Website at any time, with or without cause, with or without notice,
    effective immediately. If you wish to terminate this Agreement or your
    {{ app_config['html_title'] }} account (if you have one), you may simply
    discontinue using the Website. All provisions of this Agreement which by
    their nature should survive termination shall survive termination,
    including, without limitation, ownership provisions, warranty disclaimers,
    indemnity and limitations of liability.
  </li>
  <li><strong>Disclaimer of Warranties.</strong> The Website is provided
    “as is”. Operator and
    its suppliers and licensors hereby disclaim all warranties of any kind,
    express or implied, including, without limitation, the warranties of
    merchantability, fitness for a particular purpose and non-infringement.
    Neither Operator nor its suppliers and licensors, makes any warranty that
    the Website will be error free or that access thereto will be continuous
    or uninterrupted. If you’re actually reading this, here’s a treat. You
    understand that you download from, or otherwise obtain content or services
    through, the Website at your own discretion and risk.
  </li>
  <li><strong>Limitation of Liability.</strong> In no event will Operator, or
    its suppliers or
    licensors, be liable with respect to any subject matter of this agreement
    under any contract, negligence, strict liability or other legal or
    equitable theory for: (i) any special, incidental or consequential damages;
    (ii) the cost of procurement or substitute products or services; (iii) for
    interruption of use or loss or corruption of data; or (iv) for any amounts
    that exceed the fees paid by you to Operator under this agreement during
    the twelve (12) month period prior to the cause of action. Operator shall
    have no liability for any failure or delay due to matters beyond their
    reasonable control. The foregoing shall not apply to the extent prohibited
    by applicable law.
  </li>
  <li><strong>General Representation and Warranty.</strong> You represent and
    warrant that (i)
    your use of the Website will be in strict accordance with the Operator
    Privacy Policy, with this Agreement and with all applicable laws and
    regulations (including without limitation any local laws or regulations in
    your country, state, city, or other governmental area, regarding online
    conduct and acceptable content, and including all applicable laws regarding
    the transmission of technical data exported from the United States or the
    country in which you reside) and (ii) your use of the Website will not
    infringe or misappropriate the copyrights, patents, and trademark rights of
    any third party.
  </li>
  <li>
    <strong>Indemnification.</strong>
    You agree to indemnify and hold harmless Operator, its contractors, and its
    licensors, and their respective directors, officers, employees and agents
    from and against any and all claims and expenses, including attorneys’ fees,
    arising out of your use of the Website, including but not limited to out of
    your violation this Agreement.
  </li>
  <li><strong>Miscellaneous.</strong> This Agreement constitutes the entire
    agreement between
    Operator and you concerning the subject matter hereof, and they may only
    be modified by a written amendment signed by an authorized executive of
    Operator, or by the posting by Operator of a revised version. If any part
    of this Agreement is held invalid or unenforceable, that part will be
    construed to reflect the parties’ original intent, and the remaining
    portions will remain in full force and effect. A waiver by either party of
    any term or condition of this Agreement or any breach thereof, in any one
    instance, will not waive such term or condition or any subsequent breach
    thereof. You may assign your rights under this Agreement to any party that
    consents to, and agrees to be bound by, its terms and conditions; Operator
    may assign its rights under this Agreement without condition. This
    Agreement will be binding upon and will inure to the benefit of the
    parties, their successors and permitted assigns.
  </li>
</ol>

<p>
Originally published by Automattic, Inc. as the WordPress.com Terms of Service
and made available by them under the Creative Commons Attribution-
ShareAlike 3.0 License. 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.
</p>

{% endblock -%}
