Terms of Services
That’s the gist of it. Thanks also to the good folks at Automattic, who have made their more comprehensive Terms of Service available under a Creative Commons Sharealike license, which means that you can borrow some or all of their wording for your own Terms of Service. That’s exactly what we did.
Terms of Service:
Please read this Agreement carefully before accessing or using the Web site. 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 do not access the Web site or use any services. The Web site is intended for use only by individuals who are at least 13 years old.
1. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Web site, submit a question, post links on the Web site, or otherwise make (or allow any third party to make) material available by means of the Web site (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:
Without limiting any of those representations or warranties, Steven Petrow has the right (though not the obligation) to, its sole discretion, (i) refuse or remove any content that violates any Web site policy or is in any way harmful, objectionable or inappropriate, or (ii) terminate or deny access to and use of the Web site to any individual or entity for any reason.
2. Responsibility of Web site Visitors. Steven Petrow has not reviewed, and cannot review, all of the material posted to the Web site, and cannot therefore be responsible for that material’s content, use or effects. By operating the Web site, Steven Petrow does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, appropriate 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 Web site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Web site 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. Steven Petrow disclaims any responsibility for any harm resulting from the use by visitors of the Web site, or from any downloading by those visitors of content there posted.
In addition, you represent, warrant and agree that you have not and will not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Web site; nor have you or will you access, or link to, the Web site by any means other than through the standard industry-accepted interfaces; nor will you manipulate or otherwise display the Web site by using framing or similar navigational technology.
3. Content Posted on Other Web sites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the Web sites and web pages to which the Web site links, and that link to the Web site. We have no control over those non-owned or controlled Web sites and webpages, and we are not responsible for their contents or their use. By linking to a non-owned or controlled Web site or webpage, we do not represent or imply that we endorse such Web site 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. We disclaim any responsibility for any harm resulting from your use of these third party Web sites and webpages.
4. Copyright Infringement and DMCA Policy As Steven Petrow asks others to respect its intellectual property rights, so too it respects the intellectual property rights of others. If you believe that your work ha s been copied in a way that constitutes copyright infringement, you will need to send us a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
All such notices should be sent to: stevenpetrow at earthlink dot net
5. Intellectual Property. This Agreement does not transfer from Steven Petrow to you any Web site or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Steven Petrow. Trademarks, service marks, graphics and logos used in connection with the Web site may be the trademarks of Steven Petrow or third parties. Your use of the Web site grants you no right or license to reproduce or otherwise use any Web site or third-party trademarks. You hereby grant Steven Petrow an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license (with the right to sublicense through multiple layers) to (a) use, copy, publish, stream, store, retain, publicly perform, publicly display, se, offer for sale, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you submit to, post on, or in connection with, the Web site, in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, or and (b) to use your name, likeness and image for any purpose, including commercial or advertising. None of the Content disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any of such Content.
6. Changes. Steven Petrow 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 Web site following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Web site (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, as it may be amended, updated or modified from time to time. You agree that any actions taken under this Section 6 may be effective without prior notice to you.
7. Termination. Steven Petrow may terminate your access to all or any part of the Web site at any time, with or without cause, with or without notice, effective immediately. 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.
8. Disclaimer of Warranties. The Web site is provided “as is”. Steven Petrow 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 Steven Petrow nor its suppliers and licensors, makes any warranty that the Web site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Web site at your own discretion and risk.
9. Limitation of Liability. In no event will Steven Petrow 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 any fees paid by you to Steven Petrow under this Agreement during the twelve (12) month period prior to the cause of action. Steven Petrow shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. Indemnification. You agree to indemnify and hold harmless Steven Petrow, 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, relating to or arising out of your use of the Web site, including but not limited to out of your violation this Agreement.
12. Jurisdictional Issues. Steven Petrow makes no representation or warranty that the content and materials on the Web site are appropriate or available for use in locations outside the United States. Those who choose to access the Web site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right, at any time in our sole discretion, to limit the availability and accessibility of the Web site to any person, geographic area, or jurisdiction we so desire.
13. Miscellaneous. This Agreement constitutes the entire agreement between Steven Petrow and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized officer of Steven Petrow, or by the posting by Steven Petrow of a revised version of this Agreement. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Web site will be governed by the laws of the state of New York, 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 New York County, New York. You and Steven Petrow irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York, in the State of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. 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. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party without your consent.
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