--- /dev/null
+The gist
+--------
+
+We (the folks at Automattic) run a service called WordPress.com 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).
+
+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
+WordPress.com blog that you believe violates our terms of service,
+please check our complaints page.
+
+(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 WordPress.com 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.)
+Terms of Service:
+
+The following terms and conditions govern all use of the WordPress.com
+website and all content, services and products available at or through
+the website, including, but not limited to, the WordPress.com VIP
+hosting service (“VIP Service”), (taken together, the Website). The
+Website is owned and operated by Automattic, Inc. (“Automattic”). 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, Automattic’s
+Privacy Policy) and procedures that may be published from time to time
+on this Site by Automattic (collectively, the “Agreement”).
+
+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 Automattic, acceptance is
+expressly limited to these terms. The Website is available only to
+individuals who are at least 13 years old.
+
+ 1. Your WordPress.com Account and Site. 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 Automattic may change
+or remove any description or keyword that it considers inappropriate
+or unlawful, or otherwise likely to cause Automattic liability. You
+must immediately notify Automattic of any unauthorized uses of your
+blog, your account or any other breaches of security. Automattic 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.
+ 2. Responsibility of Contributors. 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:
+ * 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;
+ * if your employer has rights to intellectual property 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;
+ * 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;
+ * the Content does not contain or install any viruses,
+worms, malware, Trojan horses or other harmful or destructive content;
+ * 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);
+ * 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;
+ * your blog is not getting advertised via unwanted
+electronic messages such as spam links on newsgroups, email lists,
+other blogs and web sites, and similar unsolicited promotional methods;
+ * your blog 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
+than yourself or company other than your own; and
+ * 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
+Website, you grant Automattic 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, 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,
+Automattic has the right (though not the obligation) to, in
+Automattic’s sole discretion (i) refuse or remove any content that, in
+Automattic’s reasonable opinion, violates any Automattic 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 Automattic’s sole discretion. Automattic will have no obligation to
+provide a refund of any amounts previously paid.
+ 3. Fees and Payment. 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 Automattic 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.
+ 4. VIP Services.
+ * Fees; Payment. By signing up for a VIP Services account
+you agree to pay Automattic 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. Automattic 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 Automattic.
+ * Support. 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 Automattic 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 WordPress.com blogging services. All VIP Services
+support will be provided in accordance with Automattic standard VIP
+Services practices, procedures and policies.
+ 5. Responsibility of Website Visitors. Automattic 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,
+Automattic 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 intellectual property 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. Automattic
+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.
+ 6. Content Posted on Other Websites. We have not reviewed, and
+cannot review, all of the material, including computer software, made
+available through the websites and webpages to which WordPress.com
+links, and that link to WordPress.com. Automattic does not have any
+control over those non-WordPress websites and webpages, and is not
+responsible for their contents or their use. By linking to a
+non-WordPress website or webpage, Automattic 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. Automattic disclaims any responsibility for
+any harm resulting from your use of non-WordPress websites and webpages.
+ 7. Copyright Infringement and DMCA Policy. As Automattic asks
+others to respect its intellectual property rights, it respects the
+intellectual property rights of others. If you believe that material
+located on or linked to by WordPress.com violates your copyright, you
+are encouraged to notify Automattic in accordance with Automattic’s
+Digital Millennium Copyright Act (”DMCA”) Policy. Automattic 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 intellectual property
+rights of Automattic or others, Automattic may, in its discretion,
+terminate or deny access to and use of the Website. In the case of
+such termination, Automattic will have no obligation to provide a
+refund of any amounts previously paid to Automattic.
+ 8. Intellectual Property. This Agreement does not transfer from
+Automattic to you any Automattic or third party intellectual property,
+and all right, title and interest in and to such property will remain
+(as between the parties) solely with Automattic. Automattic,
+WordPress, WordPress.com, the WordPress.com logo, and all other
+trademarks, service marks, graphics and logos used in connection with
+WordPress.com, or the Website are trademarks or registered trademarks
+of Automattic or Automattic’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 Automattic
+or third-party trademarks.
+ 9. Changes. Automattic 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.
+Automattic 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.
+ 10. Termination. Automattic 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 WordPress.com 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 Automattic if you materially breach this Agreement and
+fail to cure such breach within thirty (30) days from Automattic’s
+notice to you thereof; provided that, Automattic 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.
+ 11. Disclaimer of Warranties. The Website is provided “as is”.
+Automattic 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 Automattic 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.
+ 12. Limitation of Liability. In no event will Automattic, 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 Automattic under this agreement during the twelve (12) month
+period prior to the cause of action. Automattic 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.
+ 13. General Representation and Warranty. You represent and warrant
+that (i) your use of the Website will be in strict accordance with the
+Automattic 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.
+ 14. Indemnification. You agree to indemnify and hold harmless
+Automattic, 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.
+ 15. Miscellaneous. This Agreement constitutes the entire agreement
+between Automattic and you concerning the subject matter hereof, and
+they may only be modified by a written amendment signed by an
+authorized executive of Automattic, or by the posting by Automattic 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
+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; Automattic 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.
+
+*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/).*
\ No newline at end of file
projects / quix0rs-gnu-social.git / commitdiff