Terms of Service
The following terms and conditions govern all use of the
GNU MediaGoblin 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,
procedures that may be published from time to time on this Site by Operator
(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
Operator, acceptance is expressly limited to these terms. The Website is
available only to individuals who are at least 13 years old.
- Your GNU MediaGoblin Account and Site.
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
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
- Responsibility of Contributors. 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:
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.
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 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;
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, 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);
- 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,
- 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 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;
- 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
- 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
- Responsibility of Website Visitors. 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.
- Content Posted on Other Websites. We have not reviewed,
review, all of the material, including computer software, made available
through the websites and webpages to which GNU MediaGoblin
links, and that link to GNU MediaGoblin. 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.
Copyright Infringement and DMCA Policy.
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
GNU MediaGoblin 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.
Copyrights, patents, and trademarks.
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. GNU MediaGoblin, the
GNU MediaGoblin logo, and all other trademarks, service
marks, graphics and logos used in connection with
GNU MediaGoblin, 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.
- Changes. 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.
- Termination. 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
GNU MediaGoblin 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.
- Disclaimer of Warranties. 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.
- Limitation of Liability. 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.
- General Representation and Warranty. You represent and
warrant that (i)
your use of the Website will be in strict accordance with the Operator
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.
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.
- Miscellaneous. This Agreement constitutes the entire
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.
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.