Add sample terms and conditions

app.py

@@ -1,3 +1,6 @@
+import os
+from typing import AnyStr
+
 import nltk
 import streamlit as st
 import validators
@@ -55,6 +58,18 @@ def main() -> None:
             return False
         return True
 
+    def list_all_filenames() -> list:
+        filenames = []
+        for file in os.listdir('./sample-terms-and-conditions/'):
+            if file.endswith('.txt'):
+                filenames.append(file.replace('.txt', ''))
+        return filenames
+
+    def fetch_file_contents(filename: str) -> AnyStr:
+        with open(f'./sample-terms-and-conditions/{filename.lower()}.txt', 'r') as f:
+            data = f.read()
+        return data
+
     summarizer: Summarizer = Summarizer(create_pipeline())
 
     if 'tc_text' not in st.session_state:
@@ -63,6 +78,9 @@ def main() -> None:
     if 'sentences_length' not in st.session_state:
         st.session_state['sentences_length'] = Summarizer.DEFAULT_EXTRACTED_ARTICLE_SENTENCES_LENGTH
 
+    if 'sample_choice' not in st.session_state:
+        st.session_state['sample_choice'] = ''
+
     st.write('<style>div.row-widget.stRadio > div{flex-direction:row;}</style>', unsafe_allow_html=True)
     st.header("Input")
 
@@ -71,6 +89,10 @@ def main() -> None:
         min_value=1,
         value=st.session_state.sentences_length
     )
+    sample_choice = st.selectbox(
+        'Choose a sample terms & conditions:',
+        list_all_filenames())
+    st.session_state.tc_text = fetch_file_contents(sample_choice)
     tc_text_input = st.text_area(
         value=st.session_state.tc_text,
         label='Terms & conditions content or specify an URL:',

sample-terms-and-conditions/amazon.txt

@@ -0,0 +1,44 @@
+Amazon Services Terms of Use
+Last updated: 30 April, 2021
+
+This is an agreement between you and Amazon Digital Services LLC (with its affiliates, “Amazon” or “we”). Please read these Amazon Services Terms of Use, the Amazon.com Privacy Notice, the Amazon.com Conditions of Use, and the other applicable rules, policies, and terms available at the Amazon.com website, or on or through the Amazon Software (collectively, this “Agreement”) before using the Amazon Services on a Product. By using the Amazon Services, you agree to be bound by the terms of this Agreement on behalf of yourself and all members of your household and others who use Amazon Services under your account. If you do not accept the terms of this Agreement, then you may not use the Amazon Services and you may return your Product in accordance with any applicable return policy. Your use of any of the Amazon Services is subject to any additional rules, policies, and terms that apply to those Amazon Services.
+
+For the purpose of these Amazon Services Terms of Use:
+
+“Amazon Services” means the provision of Amazon Software, Digital Content, and support and other services that we provide Product users.
+
+“Amazon Software” means all software we make available to you for use on a Product, but excludes third-party Digital Content.
+
+“Digital Content” means digitized content (including third-party content), such as videos, music, apps, games, skills, photos, audio, books, newspapers, magazines, and related features and functionality.
+
+“Product” means a Fire TV device that is developed and manufactured by a third party and enables access to Amazon Services.
+
+1. Amazon Services, Amazon Software
+
+a. Use of Amazon Services on a Product. To use certain Amazon Services on a Product, you must have your own Amazon.com account, be logged in to your account on the Product, and have a valid payment method associated with your account.
+
+b. Use of the Amazon Software. Except as provided in this section, you may use the Amazon Software only on your Product. For additional terms that apply to the Amazon Software, see the Additional Amazon Software Terms contained in the Amazon.com Conditions of Use and the terms contained in the Legal section of the Settings menu of the Amazon Services on your Product or the Amazon Fire TV Remote App. Amazon Software licensed under an open source license is governed solely by the terms of that open source license.
+
+c. Voice Services. Your Product may have features that allow you to access Alexa voice services or perform certain tasks, such as control your Product, perform a search, check the weather, or operate other connected products. When you use voice services, we process your voice input and other information (such as location) in the cloud to respond to your requests and to improve your experience and our services. Your use of Alexa is subject to the Alexa Terms of Use (www.amazon.com/alexa/terms). Learn more about Alexa voice services and how it works at www.amazon.com/alexa/voice, including how to delete voice recordings associated with your account.
+
+2. Connectivity and Availability
+
+a. Internet Connectivity. Amazon Services may require an Internet connection from a third-party provider in order to use some features. In such cases, your Internet connection is subject to the fees, restrictions, terms and limitations imposed by your provider.
+
+b. Availability. Some Amazon Services may be unavailable, vary (by product or geography, for example), be offered for a limited time, or require separate subscriptions.
+
+3. General
+
+a. Information Received. The Amazon Software may provide us with information about your Product, use of the Product, and use of Digital Content, other content, and the Amazon Services (such as search queries, installed applications, viewing and usage data, available memory, log files, network diagnostics, voice information, and connectivity). Manufacturers of your Product may also provide us with similar information. Information provided to Amazon may be processed in the cloud to improve your experience and our services, and may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with the Amazon.com Privacy Notice. Please visit the Settings menu of your Product if you prefer to opt out of providing certain information.
+
+b. Information Provided To Others. You are responsible for any information you provide to others, including third-party Digital Content providers. Use of information you provide to these third parties will be subject to any privacy notice or other terms that they may provide to you.
+
+c. Changes to Amazon Services; Amendments. We may change, suspend, or discontinue the Amazon Services, or any part of them, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the Amazon.com website. Your continued use of Amazon Services after the effective date of the revised Agreement constitutes your acceptance of the terms.
+
+d. Termination. Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, Amazon may immediately revoke your access to the Amazon Services. Amazon's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
+
+e. Disputes. Any dispute or claim arising from or relating to this Agreement, a Product, the Amazon Software, or the Amazon Services is subject to the dispute resolution, governing law, disclaimer of warranties, limitation of liability, and all other terms in the Amazon.com Conditions of Use.
+
+f. Disclaimer of Warranties and Limitation of Liability. Products are developed and manufactured by third parties, and we have no responsibility or liability for any aspect of Products except the Amazon Services. Without limiting the Disclaimer of Warranties and Limitation of Liability terms in the Amazon.com Conditions of Use, unless otherwise required by applicable law, in no event will our or our licensors' aggregate liability with respect to any claim arising from or related to this Agreement or your use of the Amazon Services exceed fifty dollars ($50.00).
+
+g. Contact Information. For help with the Amazon Services, Digital Content, Amazon Software or resolving other related issues, please contact Customer Service at www.amazon.com/contact-us/.

sample-terms-and-conditions/apple.txt

@@ -0,0 +1,314 @@
+Apple Media Services Terms and Conditions
+These terms and conditions create a contract between you and Apple (the “Agreement”). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree.”
+
+A. INTRODUCTION TO OUR SERVICES
+
+This Agreement governs your use of Apple’s Services (“Services” – e.g., and where available, App Store, Apple Arcade, Apple Books, Apple Fitness+, Apple Music, Apple News, Apple News+, Apple One, Apple Podcasts, Apple Podcast Subscriptions, Apple TV, Apple TV+, Apple TV Channels, Game Center, iTunes), through which you can buy, get, license, rent or subscribe to content, Apps (as defined below), and other in-app services (collectively, “Content”). Content may be offered through the Services by Apple or a third party. Our Services are available for your use in your country or territory of residence (“Home Country”). By creating an account for use of the Services in a particular country or territory you are specifying it as your Home Country. To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.
+
+B. USING OUR SERVICES
+
+PAYMENTS, TAXES, AND REFUNDS
+
+You can acquire Content on our Services for free or for a charge, either of which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and Apple, and/or you and the entity providing the Content on our Services. However, if you are a customer of Apple Distribution International Ltd., Apple Distribution International Ltd. is the merchant of record for some Content you acquire from Apple Books, Apple Podcasts, or App Store as displayed on the product page and/or during the acquisition process for the relevant Service. In such case, you acquire the Content from Apple Distribution International Ltd., which is licensed by the Content provider (e.g., App Provider (as defined below), book publisher, etc.). When you make your first Transaction, we will ask you to choose how frequently we should ask for your password for future Transactions. If you enable Touch ID for Transactions, we will ask you to authenticate all Transactions with your fingerprint, and if you enable Face ID for Transactions, we will ask you to authenticate all Transactions using facial recognition. Manage your password settings at any time by following these instructions: https://support.apple.com/HT204030.
+
+Apple will charge your selected payment method (such as your credit card, debit card, gift card/code, or other method available in your Home Country) for any paid Transactions, including any applicable taxes. If you have also added it to your Apple Wallet, Apple may charge your selected payment method in Apple Wallet using Apple Pay. You can associate multiple payment methods with your Apple ID, and you agree that Apple may store and charge those payment methods for Transactions. Your primary payment method appears at the top of your account settings payments page.
+
+If your primary payment method cannot be charged for any reason (such as expiration or insufficient funds), you authorize Apple to attempt to charge your other eligible payment methods in order from top to bottom as they appear on your account settings payments page.  If we cannot charge you, you remain responsible for any uncollected amounts, and we may attempt to charge you again or request that you provide another payment method. If you pre-order Content, you will be charged when the Content is delivered to you (unless you cancel prior to the Content’s availability). In accordance with local law, Apple may automatically update your payment information regarding your payment methods if provided such information by the payment networks or your financial institutions. For more details about how Transactions are billed, please visit http://support.apple.com/HT201359. All Transactions are final. Content prices may change at any time. If technical problems prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined by Apple. From time to time, Apple may suspend or cancel payment or refuse a refund request if we find evidence of fraud, abuse, or unlawful or other manipulative behavior that entitles Apple to a corresponding counterclaim. Terms related to store credit and gift cards/codes are available here: https://www.apple.com/legal/internet-services/itunes/giftcards/.
+
+ACCOUNT
+
+Using our Services and accessing your Content may require an Apple ID. An Apple ID is the account you use across Apple’s ecosystem. Use of Game Center is subject to this Agreement and also requires a Game Center account. Your account is valuable, and you are responsible for maintaining its confidentiality and security. Apple is not responsible for any losses arising from the unauthorized use of your account. Please contact Apple if you suspect that your account has been compromised.
+
+You must be age 13 (or equivalent minimum age in your Home Country, as set forth in the registration process) to create an account and use our Services. Apple IDs for persons under this age can be created by a parent or legal guardian using Family Sharing or by an approved educational institution. A parent or legal guardian who is creating an account for a child under the age of majority should review this Agreement with the child to ensure that they both understand it.
+
+You may add, notify, or remove a Legacy Contact for your Apple ID as described in http://support.apple.com/HT212360. A Legacy Contact’s access to your Apple ID is limited as described in http://support.apple.com/HT212361.
+
+PRIVACY
+
+Your use of our Services is subject to Apple’s Privacy Policy, which is available at https://www.apple.com/legal/privacy/.
+
+SERVICES AND CONTENT USAGE RULES
+
+Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement. Apple may monitor your use of the Services and Content to ensure that you are following these Usage Rules.
+
+All Services:
+
+- You may use the Services and Content only for personal, noncommercial purposes (except as set forth in the App Store Content section below).
+
+- Apple’s delivery of Services or Content does not transfer any commercial or promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.
+
+- You can use Content from up to five different Apple IDs on each device.
+
+- For any Service, you can have up to 10 devices (but only a maximum of 5 computers) signed in with your Apple ID at one time, though simultaneous streams or downloads of Content may be limited to a lower number of devices as set out below under Apple Music and Apple TV content. Each computer must also be authorized using the same Apple ID (to learn more about authorization of computers, visit https://support.apple.com/HT201251). Devices can be associated with a different Apple ID once every 90 days.
+
+- Manipulating play counts, downloads, ratings, or reviews via any means — such as (i) using a bot, script, or automated process; or (ii) providing or accepting any kind of compensation or incentive — is prohibited.
+
+- It is your responsibility not to lose, destroy, or damage Content once downloaded. We encourage you to back up your Content regularly.
+
+- You may not tamper with or circumvent any security technology included with the Services.
+
+- You may access our Services only using Apple’s software, and may not modify or use modified versions of such software.
+
+- Video Content requires an HDCP connection.
+
+Audio and Video Content Sales and Rentals:
+
+- You can use Digital Rights Management (DRM)-free Content on a reasonable number of compatible devices that you own or control. DRM-protected Content can be used on up to five computers and any number of devices that you sync to from those computers.
+
+- Content rentals are viewable on a single device at a time, and must be played within 30 days, and completed within 48 hours of the start of play (stopping, pausing or restarting does not extend this period).
+
+- You may burn an audio playlist of purchased music to disc for listening purposes up to seven times; this limitation does not apply to DRM-free Content. Other Content may not be burned to disc.
+
+- Purchased Content will generally remain available for you to download, redownload, or otherwise access from Apple. Though it is unlikely, subsequent to your purchase, Content may be removed from the Services (for instance, because the provider removed it) and become unavailable for further download or access from Apple. To ensure your ability to continue enjoying Content, we encourage you to download all purchased Content to a device in your possession and to back it up.
+
+App Store Content:
+
+- The term “Apps” includes apps and App Clips for any Apple platform and/or operating system, including any in-app purchases, extensions (such as keyboards), stickers, and subscriptions made available in such apps or App Clips.
+
+- Individuals acting on behalf of a commercial enterprise, governmental organization or educational institution (an “Enterprise”) may download and sync non-Arcade Apps for use by either (i) a single individual on one or more devices owned or controlled by an Enterprise; or (ii) multiple individuals on a single shared device owned or controlled by an Enterprise. For the sake of clarity, each device used serially or collectively by multiple users requires a separate license.
+
+Apple Music:
+
+- An Individual Apple Music membership allows you to stream on a single device at a time; a Family membership allows you or your Family members to stream on up to six devices at a time.
+
+Apple Arcade:
+
+- Apple Arcade Apps may only be downloaded, or redownloaded, with a valid Apple Arcade trial or subscription.
+
+- If your subscription ends, Apps downloaded via Apple Arcade will no longer be accessible to you.
+
+Apple TV Content:
+
+- For most channels, you can stream Content on up to three devices simultaneously.
+
+- Learn more about Apple TV Content Usage Rules at https://support.apple.com/HT210074.
+
+DOWNLOADS
+
+You may be limited in the amount of Content you may download, and some downloaded Content may expire after a given amount of time after downloaded or first played. Certain Content may not be available for download at all.
+
+You may be able to redownload previously acquired Content (“Redownload”) to your devices that are signed in with the same Apple ID (“Associated Devices”). You can see Content types available for Redownload in your Home Country at https://support.apple.com/HT204632. Content may not be available for Redownload if that Content is no longer offered on our Services.
+
+Content also may be removed from our Services at any time, after which it cannot be downloaded, redownloaded, or otherwise accessed from Apple.
+
+SUBSCRIPTIONS
+
+The Services and certain Apps may allow you to purchase access to Content or Services on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled in the Manage Subscriptions section of your account settings. To learn more about cancelling your subscriptions, visit https://support.apple.com/HT202039. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest Paid Subscription period. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled the Paid Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may result in a change to the start of your next Paid Subscription period and may change the date on which you are billed for each period. We reserve the right to cancel your Paid Subscription if we are unable to successfully charge your payment method to renew your subscription. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, cancel the subscription at least 24 hours before the free trial ends.
+
+If you start a free trial to a Paid Subscription offered by Apple as Content provider (an “Apple Paid Subscription”) and cancel before it ends, you cannot reactivate the free trial.
+
+Free trials or free offers to Apple Paid Subscriptions, excluding iCloud, cannot be combined with any free trials or offers of Apple One. If you are in a free trial or free offer for any Apple Paid Subscriptions, and you subscribe to Apple One, your free trial(s) or offer(s) will not be paused even if you have access to such Apple Paid Subscription(s) through your Apple One subscription. You acknowledge that your free trial or free offer may expire while you are a Paid Subscriber to Apple One, and Apple shall have no obligation to reinstate, reimburse, or otherwise compensate you for any part of such expired free trial or free offer.
+
+When your Paid Subscription to any Service or Content ends, you will lose access to any functionality or Content of that Service that requires a Paid Subscription.
+
+CONTENT AND SERVICE AVAILABILITY
+
+Terms found in this Agreement that relate to Services, Content types, features or functionality not available in your Home Country are not applicable to you unless and until they become available to you. To see the Content types available to you in your Home Country, go to the Services or visit https://support.apple.com/HT204411. Certain Services and Content available to you in your Home Country may not be available to you when traveling outside of your Home Country.
+
+THIRD-PARTY DEVICES AND EQUIPMENT
+
+You may not be able to use all features of the Services when accessing them on a non-Apple-branded device. Additionally, certain Services may require, direct, or suggest you use third-party equipment in some circumstances and/or for certain activities; such use is subject to the terms and conditions of such equipment and should be made in accordance with the applicable manufacturer’s instructions. By using the Services, you agree that Apple may automatically download and install minor updates to its software on third-party equipment from time to time.
+
+C. YOUR SUBMISSIONS TO OUR SERVICES
+
+Our Services may allow you to submit or post materials such as comments, ratings and reviews, pictures, videos, and podcasts (including associated metadata and artwork). Your use of such features must comply with the Submissions Guidelines below, which may be updated from time to time, and if we become aware of materials that violate our Submission Guidelines we will remove them. If you see materials that do not comply with the Submissions Guidelines, please use the Report a Concern feature. Except to the extent prohibited by law, you hereby grant Apple a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing, and Apple internal purposes. Apple may monitor and decide to remove or edit any submitted material.
+
+Submissions Guidelines: You may not use the Services to:
+
+- post any materials that (i) you do not have permission, right or license to use, or (ii) infringe on the rights of any third party;
+
+- post objectionable, offensive, unlawful, deceptive, inaccurate, or harmful content;
+
+- post personal, private or confidential information belonging to others;
+
+- request personal information from a minor;
+
+- impersonate or misrepresent your affiliation with another person, or entity;
+
+- post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;
+
+- post, modify, or remove a rating or review in exchange for any kind of compensation or incentive;
+
+- post a dishonest, abusive, harmful, misleading, or bad-faith rating or review, or a rating or review that is irrelevant to the Content being reviewed;
+
+- plan or engage in any illegal, fraudulent, or manipulative activity.
+
+D. FAMILY SHARING
+
+The organizer of a Family (“Organizer”) must be 18 years or older and the parent or legal guardian of any Family member under age 13 or the equivalent minimum age in their Home Country (as set forth in the registration process). Apple devices are required for access to all of the Family Sharing features.
+
+Purchase Sharing: Family Sharing’s Purchase Sharing feature allows eligible Content to be shared among up to six members of a Family. The Organizer invites other members to participate, and agrees to pay for all Transactions initiated by Family members. The Organizer's eligible payment methods are used to pay for any Transaction initiated by a Family member (except when the Family member’s account has store credit, which is always used first). Family members are acting as agents for the Organizer when the Organizer’s eligible payment methods are used. The Organizer hereby agrees (1) to pay for such Transactions; (2) that Transactions initiated by Family members are authorized; and (3) Transactions will be charged to eligible payment methods in the manner indicated in Section B above. Organizers are responsible for complying with their payment method contracts, and assume all risk related to sharing access to their eligible payment methods with Family members. A receipt or invoice for any Family member Transaction is sent to the initiating Family member and the Organizer.
+
+Ask to Buy: Ask to Buy is a convenient feature that allows an Organizer to approve Transactions initiated by a Family member under age 18 (or the equivalent age of majority in your Home Country). The Organizer must be the parent or legal guardian of any Family member for whom Ask to Buy is activated. Content shared by Family members or acquired via content codes may not be subject to Ask to Buy.
+
+Family Member changes: When a Family member leaves or is removed from the Family, the remaining Family members may no longer be able to access the former member’s Content, including Content acquired with the Organizer’s payment method.
+
+Family Sharing Rules: You can only belong to one Family at a time, and may join any Family no more than twice per year. You can change the Apple ID you associate with a Family no more than once every 90 days. All Family members must share the same Home Country. Not all Content, including In-App Purchases, subscriptions, and some previously acquired Apps, are eligible for Purchase Sharing. Apple TV+, Apple TV Channels, Apple One Family, Apple One Premier, Apple Music Family, Apple Arcade, Apple News+, and Apple Fitness+ subscriptions are automatically enabled for Family Sharing. Subscriptions shared by a Family may be subject to Content usage limitations on a per subscription basis.
+
+E. PERSONALIZED RECOMMENDATION FEATURES
+
+The Services may recommend Content to you based on your downloads, purchases and other activities. You may opt out from receiving such personalized recommendations for some Services in your account settings.
+
+F. ADDITIONAL ITUNES STORE TERMS
+
+SEASON PASS AND MULTI-PASS
+
+A Pass allows you to purchase and receive television Content as it becomes available. A Season Pass applies to television Content that has a limited number of episodes per season; a Multi-Pass applies to television Content that is available on an ongoing basis. The full price of a Season Pass or Multi-Pass is charged at the time of the Transaction. Season Pass or Multi-Pass Content is available for download up to 90 days after the last episode becomes available. If automatic renewal is selected when you obtain a Multi-Pass, you will be charged the full price of each subsequent Multi-Pass cycle. You can turn off automatic renewal at least 24 hours prior to the beginning of the next Multi-Pass cycle in your account settings. If a Content provider delivers to Apple fewer TV episodes than planned when you purchased a Season Pass, we will credit to your Apple ID the retail value of the corresponding number of episodes that were not provided to Apple.
+
+G. ADDITIONAL APP STORE TERMS (EXCLUDING APPLE ARCADE APPS)
+
+LICENSE OF APP STORE CONTENT
+
+App licenses are provided to you by Apple or a third party developer (“App Provider”). If you are a customer of Apple Distribution International Ltd., the merchant of record is Apple Distribution International Ltd., which means that you acquire the App license from Apple Distribution International Ltd., but the App is licensed by the App Provider. An App licensed by Apple is an “Apple App;” an App licensed by an App Provider is a “Third Party App.” Apple acts as an agent for App Providers in providing the App Store and is not a party to the sales contract or user agreement between you and the App Provider. Any App that you acquire is governed by the Licensed Application End User License Agreement (“Standard EULA”) set forth below, unless Apple or the App Provider provides an overriding custom license agreement (“Custom EULA”). The App Provider of any Third Party App is solely responsible for its content, warranties, and claims that you may have related to the Third Party App. You acknowledge and agree that Apple is a third-party beneficiary of the Standard EULA or Custom EULA applicable to each Third Party App and may therefore enforce such agreement. Certain Apps, such as stickers and iMessage apps, may not appear on the device springboard but can be accessed and used in the Messages app drawer.
+
+IN-APP PURCHASES
+
+Apps may offer content, services or functionality for use within such Apps (“In-App Purchases”). In-App Purchases that are consumed during the use of the App (for example, virtual gems) cannot be transferred among devices and can be downloaded only once. You must authenticate your account before making In-App Purchases – separate from any authentication to obtain other Content – by entering your password or using Touch ID or Face ID. You will be able to make additional In-App Purchases for fifteen minutes without re-authenticating unless you’ve asked us to require a password for every purchase or have enabled Touch ID or Face ID. You can turn off the ability to make In-App Purchases by following these instructions: https://support.apple.com/HT201304.
+
+APP MAINTENANCE AND SUPPORT
+
+Apple is responsible for providing maintenance and support for Apple Apps only, or as required under applicable law. App Providers are responsible for providing maintenance and support for Third Party Apps.
+
+APP BUNDLES
+
+Some Apps may be sold together as a bundle (“App Bundle”). The price displayed with an App Bundle is the price you will be charged upon purchasing the App Bundle. The App Bundle price may be reduced to account for Apps you have already purchased or acquired, but may include a minimum charge to complete the App Bundle.
+
+LICENSED APPLICATION END USER LICENSE AGREEMENT
+
+Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
+
+a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application except as expressly permitted in this Agreement and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
+
+b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
+
+c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
+
+d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
+
+e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
+
+f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars ($250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
+
+g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
+
+h. U.S. Government End Users. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
+
+i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
+
+If you are a citizen of any European Union country or the United Kingdom, Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
+
+Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
+
+H. ADDITIONAL TERMS FOR CERTAIN CONTENT ACQUIRED FROM THIRD PARTIES
+
+Some Content available in Apple Books, App Store, and Apple Podcasts (including Apple Podcast Subscriptions) are acquired by You from the third-party provider of such Content (as displayed on the product page and/or during the acquisition process for the relevant Content), not Apple. For example, Apple Books Content is acquired from book publishers, not Apple. In such case, Apple acts as an agent for the Content provider in providing the Content to you, and therefore Apple is not a party to the Transaction between you and the Content provider. However, if you are a customer of Apple Distribution International Ltd., Apple Distribution International Ltd. is the merchant of record for the Content you acquire, but such Content is licensed by the Content provider. The Content provider reserves the right to enforce the terms of use relating to such Content. The Content provider is solely responsible for such Content, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to such Content.
+
+I. ADDITIONAL APPLE MUSIC TERMS
+
+iCloud Music Library is an Apple Music feature that allows you to access your matched or uploaded songs, playlists and music videos acquired from Apple Music, the iTunes Store or another source (“iCloud Music Library Content”) on your Apple Music-enabled devices. iCloud Music Library is turned on automatically when you set up your Apple Music membership. iCloud Music Library collects information about your iCloud Music Library Content. This information is associated with your Apple ID, and compared to iCloud Music Library Content currently available on Apple Music. iCloud Music Library Content that is not matched is uploaded to Apple’s iCloud Music Library servers (in a format determined by Apple). You can upload up to 100,000 songs. Songs acquired from the iTunes Store do not count against this limit. Songs that do not meet certain criteria (for example, excessively large files) or that are not authorized for your device are not eligible for iCloud Music Library. When you use iCloud Music Library, Apple logs information such as the tracks you play, stop or skip, the devices you use, and the time and duration of playback. You agree to use iCloud Music Library only for lawfully acquired content. iCloud Music Library is provided on an “AS IS�� basis and could contain errors or inaccuracies. You should back up your data and information prior to using iCloud Music Library. If you are not an Apple Music member, you may purchase an iTunes Match subscription, which uses iCloud Music Library. When your Apple Music membership ends, you will lose access to your iCloud Music Library, including iCloud Music Library Content that is uploaded to iCloud Music Library servers.
+
+J. ADDITIONAL APPLE FITNESS+ TERMS
+
+Apple Fitness+ is for entertainment and/or informational purposes only and is not intended to provide any medical advice. You should always seek the advice of an appropriately qualified healthcare professional regarding (a) the safety and advisability of any given activity, or (b) any specific medical condition or symptoms.
+
+K. CARRIER MEMBERSHIP
+
+Where available, you may be offered to purchase a Service membership from your wireless carrier (a “Carrier Membership”). If you purchase a Carrier Membership, your carrier is the merchant of record, which means that you acquire the Service license from your carrier, which will bill you for the cost of your Service membership, but the Service is licensed and provided by Apple. Your purchase relationship with the carrier is governed by the carrier’s terms and conditions, not this Agreement, and any billing disputes related to a Carrier Membership must be directed to your carrier, not Apple. By using a Service through a Carrier Membership, you agree that your carrier may exchange your carrier account information, telephone number and subscription information with Apple, and that Apple may use this information to determine the status of your Carrier Membership.
+
+L. MISCELLANEOUS TERMS APPLICABLE TO ALL SERVICES
+
+DEFINITION OF APPLE
+
+Depending on your Home Country, “Apple” means:
+
+Apple Inc., located at One Apple Park Way, Cupertino, California, for users in the United States, including Puerto Rico;
+
+Apple Canada Inc., located at 120 Bremner Blvd., Suite 1600, Toronto ON M5J 0A8, Canada for users in Canada;
+
+Apple Services LATAM LLC, located at 1 Alhambra Plaza, Ste 700 Coral Gables, Florida, for users in Mexico, Central or South America, or any Caribbean country or territory (excluding Puerto Rico);
+
+iTunes K.K., located at Roppongi Hills, 6-10-1 Roppongi, Minato-ku, Tokyo 106-6140, Tokyo for users in Japan;
+
+Apple Pty Limited, located at Level 3, 20 Martin Place, Sydney NSW 2000, Australia, for users in Australia or New Zealand, including in any of their territories or affiliated jurisdictions; and
+
+Apple Distribution International Ltd., located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, for all other users.
+
+CONTRACT CHANGES
+
+Apple reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.
+
+THIRD-PARTY MATERIALS
+
+Apple is not responsible or liable for third party materials included within or linked from the Content or the Services.
+
+INTELLECTUAL PROPERTY
+
+You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Apple and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with this Agreement. No portion of the Content or Services may be transferred or reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, share, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.
+
+The Apple name, the Apple logo, iTunes, iTunes Store, App Store, Apple Books, Apple Music, Apple TV, Apple TV+, Apple Arcade, Apple News, Apple News+, Apple One, Apple Podcasts, Apple Fitness+, and other Apple trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Apple in the U.S. and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.
+
+COPYRIGHT
+
+Unless otherwise noted, Services and Content provided by Apple are copyrights of Apple Inc. and its subsidiaries.
+
+If you believe that any Content available through the Services infringe a copyright claimed by you, please contact Apple at the following locations:
+
+- Third Party Apps: https://www.apple.com/legal/internet-services/itunes/appstorenotices/
+
+- Apple Books: https://www.apple.com/legal/internet-services/itunes/applebooksnotices/
+
+- Apple TV+ and Apple Fitness+: https://www.apple.com/legal/internet-services/itunes/appletvplusnotices/
+
+- Apple News: https://www.apple.com/legal/internet-services/itunes/applenewsnotices/
+
+- All other Services (including but not limited to iTunes Store, Apple Music, and Apple Podcasts): https://www.apple.com/legal/internet-services/itunes/itunesstorenotices/
+
+TERMINATION AND SUSPENSION OF SERVICES
+
+If you fail, or Apple suspects that you have failed, to comply with any of the provisions of this Agreement, Apple may, without notice to you: (i) terminate this Agreement and/or your Apple ID, and you will remain liable for all amounts due under your Apple ID up to and including the date of termination; and/or (ii) terminate your license to the software; and/or (iii) preclude your access to the Services.
+
+Apple further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and Apple will not be liable to you or to any third party should it exercise such rights.
+
+DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
+
+APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.
+
+YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OR ACTIVITY IN CONNECTION WITH THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY APPLE) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
+
+YOU AGREE THAT UNLESS REQUIRED BY APPLICABLE LAW, APPLE HAS NO RESPONSIBILITY TO CONTINUE MAKING CONTENT AVAILABLE TO YOU THROUGH OUR SERVICES, AND APPLE WILL NOT BE LIABLE TO YOU IF CONTENT, INCLUDING PURCHASED CONTENT, BECOMES UNAVAILABLE FOR DOWNLOAD OR STREAMING.
+
+IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY INJURY, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, APPLE'S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
+
+APPLE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE APPLE FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
+
+APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE APPLE FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.
+
+APPLE IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICES.
+
+WAIVER AND INDEMNITY
+
+BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY APPLE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF APPLE'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
+
+STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS
+
+If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.
+
+GOVERNING LAW
+
+Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple, and all Transactions on the Services shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
+
+If you are a citizen of any European Union country or the United Kingdom, Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
+
+Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
+
+OTHER PROVISIONS
+
+This Agreement constitutes the entire agreement between you and Apple and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and Apple. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software, or additional services such as the Volume Purchase Program. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Apple's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Apple will not be responsible for failures to fulfill any obligations due to causes beyond its control.
+
+You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Risk of loss for all electronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient. No Apple employee or agent has the authority to vary this Agreement.
+
+Apple may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. Apple may also contact you by email or push notification to send you additional information about the Services.
+
+You hereby grant Apple the right to take steps Apple believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Apple has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Apple's right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party's rights).
+
+Last Updated: September 20, 2021

sample-terms-and-conditions/atlassian.txt

@@ -0,0 +1,250 @@
+Atlassian Cloud Terms of Service
+Effective starting: August 6, 2019
+
+Thanks for using Atlassian’s Cloud Products!  These Atlassian Cloud Terms of Service (these “Terms”) describe your rights and responsibilities as a customer of our Cloud Products. As applicable to the specific Cloud Product, if you are being invited or added to a Cloud Product set up by an Atlassian customer, the User Notice governs your access and use of the Cloud Product (and not these Terms).  These Terms are between you and the Atlassian entity that owns or operates the Cloud Product that you are using or accessing listed here (“Atlassian”, “we” or “us”).  “You” means the entity you represent in accepting these Terms or, if that does not apply, you individually.  If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party that you represent. If you don’t have the legal authority to bind your employer or the applicable entity please do not click “I agree” (or similar button or checkbox) that is presented to you.  PLEASE NOTE THAT IF YOU SIGN UP FOR A CLOUD PRODUCT USING AN EMAIL ADDRESS FROM YOUR EMPLOYER OR ANOTHER ENTITY, THEN (A) YOU WILL BE DEEMED TO REPRESENT SUCH PARTY, (B) YOUR CLICK TO ACCEPT WILL BIND YOUR EMPLOYER OR THAT ENTITY TO THESE TERMS, AND (C) THE WORD “YOU” IN THESE TERMS WILL REFER TO YOUR EMPLOYER OR THAT ENTITY.
+
+These Terms are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access a Cloud Product, whichever is earlier (the “Effective Date”). These Terms do not have to be signed in order to be binding. You indicate your assent to these Terms by clicking “I agree” (or similar button or checkbox) at the time you register for a Cloud Product, create a Cloud Product account, or place an Order. For No-Charge Products, you also indicate your assent to these Terms by accessing or using the applicable No-Charge Product.
+
+1. What these Terms cover.
+
+1.1. Cloud Products. These Terms govern our Cloud Products, related Support, and Additional Services. These Terms include Our Policies (including our Privacy Policy), the Product-Specific Terms, and your Orders.
+
+1.2. Product-Specific Terms. Some Cloud Products may be subject to additional terms specific to that product as set forth in the Product-Specific Terms. By accessing or using a product covered by the Product-Specific Terms, you also agree to the Product-Specific Terms.
+
+1.3. Expanded Coverage Addendum. Certain qualifying Cloud Products are also subject to the Expanded Coverage Addendum, as specified in such terms.
+
+1.4. Software Products Not Covered. These Terms do not apply to our downloadable software products (currently designated as “Server” and “Data Center” deployments), use of which requires a separate license agreement with us. For clarity, however, any client software (e.g., a desktop or mobile application) we provide as part of the Cloud Products themselves remains subject to these Terms.
+
+2. How Cloud Products are administered.
+
+2.1. Administrators. Through the Cloud Products, you may be able to specify certain End Users as Administrators, who will have important rights and controls over your use of Cloud Products and End User Accounts. This may include making Orders for Cloud Products or enabling Apps (which may incur fees); creating, de-provisioning, monitoring or modifying End User Accounts, and setting End User usage permissions; and managing access to Your Data by End Users or others. Administrators may also take over management of accounts previously registered using an email address belonging to your domain (which become “managed accounts”, as described in our Documentation). Without limiting Section 2.4 (Responsibility for End Users), which fully applies to Administrators, you are responsible for whom you allow to become Administrators and any actions they take, including as described above. You agree that our responsibilities do not extend to the internal management or administration of the Cloud Products for you.
+
+2.2. Reseller as Administrator. If you order Cloud Products through a Reseller, then you are responsible for determining whether the Reseller may serve as an Administrator and for any related rights or obligations in your applicable agreement with the Reseller.  As between you and Atlassian, you are solely responsible for any access by Reseller to your accounts or your other End User Accounts.
+
+2.3. End User Consent. You will provide all required disclosures to and will obtain and maintain all required consents from End Users to allow: (i) Administrators to have the access described in these Terms and the Privacy Policy; and (ii) Atlassian’s provision of the Cloud Products to Administrators and End Users. You will provide evidence of such consents upon our reasonable request.
+
+2.4. Responsibility for End Users. Our Cloud Products have various user onboarding flows. Some Cloud Products require users to be designated by Administrators; some allow users to sign up for individual accounts which can become associated with teams or organizations at a later time; and some may allow users to invite other users. You are responsible for understanding the settings and controls for each Cloud Product you use and for controlling whom you allow to become an End User. If payment is required for End Users to use or access a Cloud Product, then we are only required to provide the Cloud Products to those End Users for whom you have paid the applicable fees, and only such End Users are permitted to access and use the Cloud Products. Some Cloud Products may allow you to designate different types of End Users (for example, Jira Service Management distinguishes between “agents” and “customers”), in which case pricing and functionality may vary according to the type of End User. You are responsible for compliance with these Terms by all End Users, including for any payment obligations. Please note that you are responsible for the activities of all your End Users, including Orders they may place and how End Users use Your Data, even if those End Users are not from your organization or domain. We may display our User Notice to End Users at sign up, account creation, Cloud Product registration, or in-product. If you use single sign-on (SSO) for identity management of your Cloud Product(s) such that End Users will bypass these screens and our User Notice, you are responsible for displaying our User Notice to End Users and for any damages resulting from your failure to do so.
+
+2.5. Credentials. You must require that all End Users keep their user IDs and passwords for the Cloud Products strictly confidential and do not share such information with any unauthorized person. User IDs are granted to individual, named persons and may not be shared. You are responsible for any and all actions taken using End User Accounts and passwords, and you agree to immediately notify us of any unauthorized use of which you become aware.
+
+2.6. Age Requirement for End Users. The Cloud Products are not intended for, and should not be used by, anyone under the age of 16. You are responsible for ensuring that all End Users are at least 16 years old.
+
+2.7. Domain Name Ownership. Where you are required to specify a domain for the operation of a Cloud Product or certain Cloud Product features, we may verify that you own or control that domain. If you do not own or control the domain you specify, then we will have no obligation to provide you with the Cloud Product or Cloud Product features.
+
+3. What's included in your Cloud Product subscriptions; what are the restrictions.
+
+3.1. Access to Cloud Products. Subject to these Terms and during the applicable Subscription Term, you may access and use the Cloud Products for your own business purposes or personal use, as applicable, all in accordance with these Terms, the applicable Order and the Documentation. This includes the right, as part of your authorized use of the Cloud Products, to download and use the client software associated with the Cloud Products. The rights granted to you in this Section 3.1 are non-exclusive, non-sublicensable and non-transferable.
+
+3.2. Support. During the Subscription Term, we will provide Support for the Cloud Products in accordance with the Support Policy, Enterprise Support and Services Policy (to the extent applicable), and the applicable Order.
+
+3.3. Restrictions. Except as otherwise expressly permitted in these Terms, you will not: (a) reproduce, modify, adapt or create derivative works of the Cloud Products; (b) rent, lease, distribute, sell, sublicense, transfer or provide access to the Cloud Products to a third party; (c) use the Cloud Products for the benefit of any third party; (d) incorporate any Cloud Products into a product or service you provide to a third party; (e) interfere with or otherwise circumvent mechanisms in the Cloud Products intended to limit your use; (f) reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any Cloud Products, except to the extent expressly permitted by applicable law (and then only upon advance notice to us); (g) remove or obscure any proprietary or other notices contained in any Cloud Product; (h) use the Cloud Products for competitive analysis or to build competitive products; (i) publicly disseminate information regarding the performance of the Cloud Products; or (j) encourage or assist any third party to do any of the foregoing.
+
+4. Our security and data privacy policies.
+
+4.1. Security and Certifications. We implement and maintain physical, technical and administrative security measures designed to protect Your Data from unauthorized access, destruction, use, modification, or disclosure. We also maintain a compliance program that includes independent third-party audits and certifications. Our Trust Center, as updated from time to time, provides further details on our security measures and certifications.
+
+4.2. Privacy. We collect certain data and information about you and your End Users in connection with your and your End Users’ use of the Cloud Products and otherwise in connection with these Terms. We collect and use all such data and information in accordance with our Privacy Policy, which you acknowledge.
+
+4.3. Improving Cloud Products. We are always striving to improve the Cloud Products. In order to do so, we use analytics techniques to better understand how our Cloud Products are being used. For more information on these techniques and the type of data collected, please read our Privacy Policy.
+
+4.4. Subpoenas. Nothing in these Terms prevents us from disclosing Your Data to the extent required by law, subpoenas or court orders, but we will use commercially reasonable efforts to notify you where permitted to do so. Atlassian strives to balance your privacy rights with other legal requirements; to read more about Atlassian’s policies and guidelines for law enforcement officials requesting access to customer data, please see our Guidelines for Law Enforcement Requests.
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+4.5. GDPR Data Processing Addendum. If you are in the EEAU, Switzerland, or are otherwise subject to the territorial scope of Regulation (EU) 2016/679 (General Data Protection Regulation) or any successor legislation, you can request and complete the Atlassian Data Processing Addendum here.
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+5. Terms that apply to Your Data.
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+5.1. Using Your Data to provide Cloud Products to You. You retain all right, title and interest in and to Your Data in the form submitted to the Cloud Products. Subject to these Terms, and solely to the extent necessary to provide the Cloud Products to you, you grant us a worldwide, limited term license to access, use, process, copy, distribute, perform, export, and display Your Data. Solely to the extent that reformatting Your Data for display in a Cloud Product constitutes a modification or derivative work, the foregoing license also includes the right to make modifications and derivative works. We may also access your accounts, End User Accounts, and your Cloud Products with End User permission in order to respond to your support requests.
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+5.2. Your Data Compliance Obligations. You and your use of Cloud Products (including use by your End Users) must comply at all times with these Terms, the Acceptable Use Policy and all Laws. You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to submit all Your Data to the Cloud Products and to grant the rights granted to us in these Terms and (ii) Your Data and its submission and use as you authorize in these Terms will not violate (1) any Laws, (2) any third-party intellectual property, privacy, publicity or other rights, or (3) any of your or third-party policies or terms governing Your Data. Other than our express obligations under Section 4 (Our security and data privacy policies), we assume no responsibility or liability for Your Data, and you are solely responsible for Your Data and the consequences of submitting and using it with the Cloud Products.
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+5.3. No Prohibited Sensitive Personal Information. You will not submit to the Cloud Products (or use the Cloud Products to collect) any Sensitive Personal Information unless its processing is expressly supported as a feature of the applicable Cloud Product in the applicable Documentation. Notwithstanding any other provision to the contrary, we have no liability under these Terms for Sensitive Personal Information submitted in violation of the foregoing.
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+5.4. Your Indemnity. You will defend, indemnify and hold harmless us (and our Affiliates, officers, directors, agents and employees) from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from any claim arising from or related to (i) your breach of Section 2.3 (End User Consent) or any claims or disputes brought by your End Users arising out of their use of Cloud Products, (ii) your breach (or alleged breach) of Sections 5.2 (Your Data Compliance Obligations) or 5.3 (No Prohibited Sensitive Personal Information); or (iii) Your Materials. This indemnification obligation is subject to you receiving (a) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice); (b) the exclusive right to control and direct the investigation, defense or settlement of such claim and (c) all reasonable necessary cooperation by us at your expense.
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+5.5. Removals and Suspension. We have no obligation to monitor any content uploaded to the Cloud Products. Nonetheless, if we deem such action necessary based on your violation of these Terms, including Our Policies, or in response to takedown requests that we receive following our guidelines for Reporting Copyright and Trademark Violations, we may (1) remove Your Data from the Cloud Products or (2) suspend your access to the Cloud Products. We will use reasonable efforts to provide you with advance notice of removals and suspensions when practicable, but if we determine that your actions endanger the operation of the Cloud Product or other users, we may suspend your access or remove Your Data immediately without notice. We have no liability to you for removing or deleting Your Data from or suspending your access to any Cloud Products as described in this Section 5.5.
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+6. Using third-party products with the Cloud Products.
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+6.1. Third-Party Products. You (including your End Users) may choose to use or procure other third party products or services in connection with the Cloud Products, including Third Party Apps (see Section 6.2 (Marketplace Apps)) or implementation, customization, training or other services. Your receipt or use of any third party products or services (and the third parties’ use of any of Your Data) is subject to a separate agreement between you and the third party provider. If you enable or use third party products or services with the Cloud Products (including Third Party Apps as referenced in Section 6.2 (Marketplace Apps)), we will allow the third party providers to access or use Your Data as required for the interoperation of their products and services with the Cloud Products. This may include transmitting, transferring, modifying or deleting Your Data, or storing Your Data on systems belonging to the third party providers or other third parties. Any third party provider’s use of Your Data is subject to the applicable agreement between you and such third party provider. We are not responsible for any access to or use of Your Data by third party providers or their products or services, or for the security or privacy practices of any third party provider or its products or services. You are solely responsible for your decision to permit any third party provider or third party product or service to use Your Data. It is your responsibility to carefully review the agreement between you and the third party provider, as provided by the applicable third party provider. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD PARTY PRODUCTS OR SERVICES (WHETHER SUPPORT, AVAILABILITY, SECURITY OR OTHERWISE) OR FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDERS OR VENDORS.
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+6.2. Marketplace Apps. As further described in the Atlassian Marketplace Terms of Use, the Atlassian Marketplace lists a variety of Apps that may be used with Cloud Products, including both Atlassian Apps and Third Party Apps. Atlassian Apps for Cloud Products are considered “Cloud Products” under these Terms (unless we specify otherwise through the Atlassian Marketplace). Third Party Apps are not Cloud Products and remain subject to their own applicable Vendor Terms. We may enable interoperation of the Cloud Products with Third Party Apps as set forth in Section 6.1 (Third-Party Products). The terms “Apps”, “Atlassian Apps”, “Third Party Apps”, “Vendor” and “Vendor Terms” are defined in the Atlassian Marketplace Terms of Use, which is a separate agreement governing use of the Atlassian Marketplace.
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+7. Using Atlassian developer assets. Access to any of our APIs, SDKs or other Atlassian developer assets is subject to the Atlassian Developer Terms, which is a separate agreement.
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+8. Additional Services.
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+8.1. Additional Services. Subject to these Terms, you may purchase Additional Services that we will provide to you pursuant to the applicable Order. Additional Services may be subject to additional policies and terms as specified by us, including the Enterprise Support and Services Policy.
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+8.2. Our Deliverables. We will retain all right, title and interest in and to Our Deliverables. You may use any of Our Deliverables provided to you only in connection with the Cloud Products, subject to the same usage rights and restrictions as for the Cloud Products. For clarity, Our Deliverables are not considered Cloud Products, and any Cloud Products are not considered to be Our Deliverables.
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+8.3. Your Materials. You agree to provide us with reasonable access to Your Materials as reasonably necessary for our provision of Additional Services. If you do not provide us with timely access to Your Materials, our performance of Additional Services will be excused until you do so. You retain your rights in Your Materials, subject to our ownership of any Cloud Products, any of Our Deliverables or any of Our Technology underlying Your Materials. We will use Your Materials solely for purposes of performing the Additional Services. You represent and warrant that you have all necessary rights in Your Materials to provide them to us for such purposes.
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+8.4. Training Not Covered. Your purchase, and our provision, of Training is subject to our Training Terms and Policies, which is a separate agreement.
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+9. Billing, renewals, and payment.
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+9.1. Monthly and Annual Plans. Except for No-Charge Products, all Cloud Products are offered either on a monthly subscription basis or an annual subscription basis.
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+9.2. Renewals. Except as otherwise specified in your Order, unless either party cancels your subscription prior to expiration of the current Subscription Term, your subscription will automatically renew for another Subscription Term of a period equal to your initial Subscription Term. You will provide any notice of non-renewal through the means we designate, which may include account settings in the Cloud Products or contacting our support team. Cancelling your subscription means that you will not be charged for the next billing cycle, but you will not receive any refunds or credits for amounts that have already been charged. All renewals are subject to the applicable Cloud Product continuing to be offered and will be charged at the then-current rates.
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+9.3. Adding Users. You may add users, increase storage limits, or otherwise increase your use of Cloud Products by placing a new Order or modifying an existing Order. Unless otherwise specified in the applicable Order, we will charge you for any increased use at our then-current rates, prorated for the remainder of the then-current Subscription Term.
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+9.4. Payment. You will pay all fees in accordance with each Order, by the due dates and in the currency specified in the Order. If a PO number is required in order for an invoice to be paid, then you must provide such PO number to Atlassian by emailing the PO number to sales@atlassian.com. For Additional Services provided at any non-Atlassian location, unless otherwise specified in your Order, you will reimburse us for our pre-approved travel, lodging and meal expenses, which we may charge as incurred. Other than as expressly set forth in Section 10 (Our return policy), 18.3 (Warranty Remedy), Section 20 (IP Indemnification) or Section 24 (Changes to these Terms), all amounts are non-refundable, non-cancelable and non-creditable. You agree that we may bill your credit card or other payment method for renewals, additional users, overages to set limits or scopes of use, expenses, and unpaid fees, as applicable.
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+9.5. Delivery. We will deliver the login instructions for Cloud Products to your account or through other reasonable means no later than when we have received payment of the applicable fees. You are responsible for accessing your account to determine that we have received payment and that your Order has been processed. All deliveries under these Terms will be electronic.
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+10. Our return policy. As part of our commitment to customer satisfaction and without limiting the Performance Warranty in Section 18 (Warranties and Disclaimer), you may terminate your initial Order of a Cloud Product under these Terms, for no reason or any reason, by providing notice of termination to us no later than thirty (30) days after the Order date for such Cloud Product. In the event you terminate your initial Order under this Section 10, at your request (which may be made through your account with us), we will refund you the amount paid under such Order. This termination and refund right applies only to your initial Order of the Cloud Product and only if you exercise your termination right within the period specified above, and does not apply to Additional Services. You understand that we may change this practice in the future in accordance with Section 24 (Changes to these Terms).
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+11. Taxes not included.
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+11.1. Taxes. Your fees under these Terms exclude any taxes or duties payable in respect of the Cloud Products in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by us, you must pay to us the amount of such taxes or duties in addition to any fees owed under these Terms. Notwithstanding the foregoing, if you have obtained an exemption from relevant taxes or duties as of the time such taxes or duties are levied or assessed, you may provide us with such exemption information, and we will use reasonable efforts to provide you with invoicing documents designed to enable you to obtain a refund or credit from the relevant revenue authority, if such a refund or credit is available.
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+11.2. Withholding Taxes. You will pay all fees net of any applicable withholding taxes. You and we will work together to avoid any withholding tax if exemptions, or a reduced treaty withholding rate, are available. If we qualify for a tax exemption, or a reduced treaty withholding rate, we will provide you with reasonable documentary proof. You will provide us reasonable evidence that you have paid the relevant authority for the sum withheld or deducted.
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+12. If you purchased through a Reseller. If you make any purchases through an authorized partner or reseller of Atlassian (“Reseller”):
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+(a) Instead of paying us, you will pay the applicable amounts to the Reseller, as agreed between you and the Reseller. We may suspend or terminate your rights to use Cloud Products if we do not receive the corresponding payment from the Reseller.
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+(b) Your order details (e.g., the Cloud Products you are entitled to use, the number of End Users, the Subscription Term, etc.) will be as stated in the Order placed with us by the Reseller on your behalf, and Reseller is responsible for the accuracy of any such Order as communicated to us.
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+(c) If you are entitled to a refund under these Terms, then unless we otherwise specify, we will refund any applicable fees to the Reseller and the Reseller will be solely responsible for refunding the appropriate amounts to you.
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+(d) Resellers are not authorized to modify these Terms or make any promises or commitments on our behalf, and we are not bound by any obligations to you other than as set forth in these Terms.
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+(e) The amount paid or payable by the Reseller to us for your use of the applicable Cloud Product under these Terms will be deemed the amount actually paid or payable by you to us under these Terms for purposes of calculating the liability cap in Section 19.2.
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+13. No contingencies on other products of future functionality. You acknowledge that the Cloud Products and Additional Services referenced in an Order are being purchased separately from any of our other products or services. Payment obligations for any products or services are not contingent on the purchase or use of any of our other products (and for clarity, any purchases of Cloud Products and Additional Services are separate and not contingent on each other, even if listed on the same Order). You agree that your purchases are not contingent on the delivery of any future functionality or features (including future availability of any Cloud Products beyond the current Subscription Term), or dependent on any oral or written public comments we make regarding future functionality or features.
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+14. Evaluations, trials, and betas. We may offer certain Cloud Products (including some Atlassian Apps) to you at no charge, including free accounts, trial use and Beta Versions as defined below (collectively, “No-Charge Products”). Your use of No-Charge Products is subject to any additional terms that we specify and is only permitted during the Subscription Term we designate (or, if not designated, until terminated in accordance with these Terms). Except as otherwise set forth in this Section 14, the terms and conditions of these Terms governing Cloud Products, including Section 3.3 (Restrictions), fully apply to No-Charge Products. We may modify or terminate your right to use No-Charge Products at any time and for any reason in our sole discretion, without liability to you. You understand that any pre-release and beta Cloud Products, and any pre-release and beta features within generally available Cloud Products, that we make available (collectively, “Beta Versions”) are still under development, may be inoperable or incomplete and are likely to contain more errors and bugs than generally available Cloud Products. We make no promises that any Beta Versions will ever be made generally available. In some circumstances, we may charge a fee in order to allow you to access Beta Versions, but the Beta Versions will still remain subject to this Section 14. All information regarding the characteristics, features or performance of any No-Charge Products (including Beta Versions) constitutes our Confidential Information. To the maximum extent permitted by applicable law, we disclaim all obligations or liabilities with respect to No-Charge Products, including any Support, warranty and indemnity obligations. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, OUR MAXIMUM AGGREGATE LIABILITY TO YOU IN RESPECT OF NO-CHARGE PRODUCTS WILL BE US$100.
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+15. IP Rights in the Cloud Products and Feedback. Cloud Products are made available on a limited access basis, and no ownership right is conveyed to you, irrespective of the use of terms such as “purchase” or “sale”. We and our licensors have and retain all right, title and interest, including all intellectual property rights, in and to Our Technology (including the Cloud Products). From time to time, you may choose to submit Feedback to us. We may in connection with any of our products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No Feedback will be considered your Confidential Information, and nothing in these Terms limits our right to independently use, develop, evaluate, or market products or services, whether incorporating Feedback or otherwise.
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+16. Confidentiality. Except as otherwise set forth in these Terms, each party agrees that all code, inventions, know-how and business, technical and financial information disclosed to such party (“Receiving Party”) by the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any of Our Technology and any performance information relating to the Cloud Products will be deemed our Confidential Information without any marking or further designation. Except as expressly authorized herein, the Receiving Party will (1) hold in confidence and not disclose any Confidential Information to third parties and (2) not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under these Terms. The Receiving Party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know, provided that they are bound to confidentiality obligations no less protective of the Disclosing Party than this Section 16 and that the Receiving Party remains responsible for compliance by them with the terms of this Section 16. The Receiving Party's confidentiality obligations will not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party will be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law.
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+17. Term and Termination.
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+17.1. Term. These Terms are effective as of the Effective Date and expire on the date of expiration or termination of all Subscription Terms.
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+17.2. Termination for Cause. Either party may terminate these Terms (including all related Orders) if the other party (a) fails to cure any material breach of these Terms within thirty (30) days after notice; (b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter).
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+17.3. Termination for Convenience. You may choose to stop using the Cloud Products and terminate these Terms (including all Orders) at any time for any reason upon written notice to us, but, unless you are exercising your right to terminate early pursuant to Section 10 (Our return policy), upon any such termination (i) you will not be entitled to a refund of any pre-paid fees and (ii) if you have not already paid all applicable fees for the then-current Subscription Term or related services period (as applicable), any such fees that are outstanding will become immediately due and payable.
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+17.4. Effects of Termination. Upon any expiration or termination of these Terms, you must cease using all Cloud Products and delete (or at our request, return) all Confidential Information or other materials of ours in your possession, including on any third-party systems operated on your behalf. You will certify such deletion upon our request. You will not have access to Your Data (and we may delete all of Your Data unless legally prohibited) after expiration or termination of these Terms (or its applicable Subscription Term), so you should make sure to export Your Data using the functionality of the Cloud Products during the applicable Subscription Term. If you terminate these Terms in accordance with Section 17.2 (Termination for Cause), we will refund you any prepaid fees covering the remainder of the then-current Subscription Term after the effective date of termination. If we terminate these Terms in accordance with Section 17.2 (Termination for Cause), you will pay any unpaid fees covering the remainder of the then-current Subscription Term after the effective date of termination. In no event will termination relieve you of your obligation to pay any fees payable to us for the period prior to the effective date of termination. Except where an exclusive remedy may be specified in these Terms, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms, by law or otherwise.
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+17.5. Survival. The following provisions will survive any termination or expiration of these Terms: Sections 3.3 (Restrictions), 5.4 (Your Indemnity), 6.1 (Third-Party Products), 9.4 (Payment), 11 (Taxes not included), 14 (Evaluations, trials, and betas) (disclaimers and use restrictions only), 15 (IP Rights in the Cloud Products and Feedback), 16 (Confidentiality), 17 (Term and Termination), 18.4 (Warranty Disclaimer), 19 (Limitations of Liability), 20 (IP Indemnification) (but solely with respect to claims arising from your use of Cloud Products during the Subscription Term), 22 (Dispute Resolution) and 26 (General Provisions).
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+18 Warranties and Disclaimer.
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+18.1. Mutual Warranties. Each party represents and warrants that it has the legal power and authority to enter into these Terms.
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+18.2. Our Warranties. We warrant, for your benefit only, that we use commercially reasonable efforts to prevent introduction of viruses, Trojan horses or similar harmful materials into the Cloud Products (but we are not responsible for harmful materials submitted by you or End Users) (the “Performance Warranty”).
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+18.3. Warranty Remedy. We will use commercially reasonable efforts, at no charge to you, to correct reported non-conformities with the Performance Warranty. If we determine corrections to be impracticable, either party may terminate the applicable Subscription Term. In this case, you will receive a refund of any fees you have pre-paid for use of the Cloud Product for the terminated portion of the applicable Subscription Term. The Performance Warranty will not apply: (i) unless you make a claim within thirty (30) days of the date on which you first noticed the non-conformity, (ii) if the non-conformity was caused by misuse, unauthorized modifications or third-party products, software, services or equipment or (iii) to No-Charge Products. Our sole liability, and your sole and exclusive remedy, for any breach of the Performance Warranty are set forth in this Section 18.
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+18.4. WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 18, ALL CLOUD PRODUCTS, SUPPORT AND ADDITIONAL SERVICES ARE PROVIDED “AS IS,” AND WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING OUR EXPRESS OBLIGATIONS IN THESE TERMS, WE DO NOT WARRANT THAT YOUR USE OF THE CLOUD PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT WE WILL REVIEW YOUR DATA FOR ACCURACY OR THAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. YOU UNDERSTAND THAT USE OF THE CLOUD PRODUCTS NECESSARILY INVOLVES TRANSMISSION OF YOUR DATA OVER NETWORKS THAT WE DO NOT OWN, OPERATE OR CONTROL, AND WE ARE NOT RESPONSIBLE FOR ANY OF YOUR DATA LOST, ALTERED, INTERCEPTED OR STORED ACROSS SUCH NETWORKS. WE CANNOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL BE ERROR-FREE, THAT TRANSMISSIONS OF YOUR DATA WILL ALWAYS BE SECURE OR THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE ABLE TO DEFEAT OUR SECURITY MEASURES OR THOSE OF OUR THIRD PARTY SERVICE PROVIDERS. WE WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
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+19. Limitation of Liability.
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+19.1. Consequential Damages Waiver. EXCEPT FOR EXCLUDED CLAIMS (AS DEFINED BELOW), NEITHER PARTY (NOR ITS SUPPLIERS) WILL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
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+19.2. Liability Cap. EXCEPT FOR EXCLUDED CLAIMS, EACH PARTY’S AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO THE OTHER ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE BY YOU TO US UNDER THESE TERMS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
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+19.3. Excluded Claims. “Excluded Claims” means (1) amounts owed by you under any Orders, (2) either party’s express indemnification obligations in these Terms, and (3) your breach of Section 3.3 (Restrictions) or of Section 2 (Combining the Products with Open Source Software) of Third Party Code in Atlassian Products.
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+19.4. Nature of Claims and Failure of Essential Purpose. The parties agree that the waivers and limitations specified in this Section 19 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
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+20. IP Indemnification. We will defend you against any claim brought against you by a third party alleging that the Cloud Products, when used as authorized under these Terms, infringe any third-party patent, copyright or trademark, or misappropriates any third-party trade secret enforceable in any jurisdiction that is a signatory to the Berne Convention (a “Claim”), and we will indemnify you and hold you harmless against any damages and costs finally awarded on the Claim by a court of competent jurisdiction or agreed to via settlement executed by us (including reasonable attorneys’ fees), provided that we have received from you: (a) prompt written notice of the Claim (but in any event notice in sufficient time for us to respond without prejudice); (b) reasonable assistance in the defense and investigation of the Claim, including providing us a copy of the Claim, all relevant evidence in your possession, custody, or control, and cooperation with evidentiary discovery, litigation, and trial, including making witnesses within your employ or control available for testimony; and (c) the exclusive right to control and direct the investigation, defense, and settlement (if applicable) of the Claim. If your use of the Cloud Products is (or in your opinion is likely to be) enjoined, whether by court order or by settlement, or if we determine such actions are reasonably necessary to avoid material liability, we may, at our option and in our discretion: (i) procure the right for your continued use of the Cloud Product in accordance with these Terms; (ii) substitute a substantially functionally similar Cloud Product; or (iii) terminate your right to continue using the Cloud Product and refund any prepaid amounts for the terminated portion of the Subscription Term. Our indemnification obligations above do not apply: (1) if the total aggregate fees we receive with respect to your subscription to a Cloud Product in the twelve (12) month period immediately preceding the Claim is less than US$50,000; (2) if the Cloud Product is modified by any party other than us, but solely to the extent the alleged infringement is caused by such modification; (3) if the Cloud Product is used in combination with any non-Atlassian product, software, service or equipment, but solely to the extent the alleged infringement is caused by such combination; (4) to unauthorized use of Cloud Products; (5) to any Claim arising as a result of (y) Your Data or circumstances covered by your indemnification obligations in Section 5.4 (Your Indemnity) or (z) any third-party deliverables or components contained with the Cloud Products or (6) if you settle or make any admissions with respect to a Claim without our prior written consent. THIS SECTION 20 (IP INDEMNIFICATION) STATES OUR SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS IN CONNECTION WITH ANY CLOUD PRODUCT OR OTHER ITEMS WE PROVIDE UNDER THESE TERMS.
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+21. Publicity Rights. We may identify you as an Atlassian customer in our promotional materials. We will promptly stop doing so upon your request sent to sales@atlassian.com.
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+22. Dispute Resolution.
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+22.1. Informal Resolution. In the event of any controversy or claim arising out of or relating to these Terms, the parties will consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of sixty (60) days, either party may pursue relief as may be available under these Terms pursuant to Section 22.2 (Governing Law; Jurisdiction). All negotiations pursuant to this Section 22.1 will be confidential and treated as compromise and settlement negotiations for purposes of all rules and codes of evidence of applicable legislation and jurisdictions.
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+22.2. Governing Law; Jurisdiction. These Terms will be governed by and construed in accordance with the applicable laws of the State of California, USA, without giving effect to the principles of that State relating to conflicts of laws. Each party irrevocably agrees that any legal action, suit or proceeding arising out of or related to these Terms must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the State or Federal court in San Francisco, California, USA, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in San Francisco, California, USA, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party. In any action or proceeding to enforce a party’s rights under these Terms, the prevailing party will be entitled to recover its reasonable costs and attorneys’ fees.
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+22.3. Injunctive Relief; Enforcement. Notwithstanding the provisions of Section 22.1 (Informal Resolution) and 22.2 (Governing Law; Jurisdiction), nothing in these Terms will prevent us from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.
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+22.4. Exclusion of UN Convention and UCITA. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to these Terms. The Uniform Computer Information Transactions Act (UCITA) will not apply to these Terms regardless of when or where adopted.
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+23. Export Restrictions. The Cloud Products are subject to export restrictions by the United States government and may be subject to import restrictions by certain foreign governments, and you agree to comply with all applicable export and import laws and regulations in your access to, use of, and download of the Cloud Products (or any part thereof). You shall not (and shall not allow any third-party to) remove or export from the United States or allow the export or re-export of any part of the Cloud Products or any direct product thereof: (a) into (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to anyone on the U.S. Commerce Department’s Denied Persons, Entity, or Unverified Lists or the U.S. Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list (collectively, “Prohibited Persons”); (c) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (d) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority. You represent and warrant that (i) you are not located in, under the control of, or a national or resident of any such prohibited country and (ii) none of Your Data is controlled under the U.S. International Traffic in Arms Regulations or similar Laws in other jurisdictions. You also certify that you are not a Prohibited Person nor owned, controlled by, or acting on behalf of a Prohibited Person. You agree not to use or provide the Cloud Products for any prohibited end use, including to support any nuclear, chemical, or biological weapons proliferation, or missile technology, without the prior permission of the United States government.
+
+24. Changes to these Terms. We may modify the terms and conditions of these Terms (including Our Policies) from time to time, with notice to you in accordance with Section 26.1 (Notices) or by posting the modified Terms on our website. Together with notice, we will specify the effective date of the modifications.
+
+24.1. No-Charge Products. You must accept the modifications to continue using the No-Charge Products. If you object to the modifications, your exclusive remedy is to cease using the No-Charge Products.
+
+24.2. Paid Subscriptions. Except as otherwise indicated below, modifications to these Terms will take effect at the next renewal of your Subscription Term and will automatically apply as of the renewal date unless you elect not to renew pursuant to Section 9.2 (Renewals). Notwithstanding the foregoing, in some cases (e.g., to address compliance with Laws, or as necessary for new features) we may specify that such modifications become effective during your then-current Subscription Term. If the effective date of such modifications is during your then-current Subscription Term and you object to the modifications, then (as your exclusive remedy) you may terminate your affected Orders upon notice to us, and we will refund you any fees you have pre-paid for use of the affected Cloud Products for the terminated portion of the applicable Subscription Term. To exercise this right, you must provide us with notice of your objection and termination within thirty (30) days of us providing notice of the modifications. For the avoidance of doubt, any Order is subject to the version of these Terms in effect at the time of the Order.
+
+24.3. Our Policies. We may modify Our Policies to take effect during your then-current Subscription Term in order to respond to changes in our products, our business, or Laws. In this case, unless required by Laws, we agree not to make modifications to Our Policies that, considered as a whole, would substantially diminish our obligations during your then-current Subscription Term. Modifications to Our Policies will take effect automatically as of the effective date specified for the updated policies.
+
+25. Changes to the Cloud Products. You acknowledge that the Cloud Products are on-line, subscription-based products, and that in order to provide improved customer experience we may make changes to the Cloud Products, and we may update the applicable Documentation accordingly. Subject to our obligation to provide Cloud Products and Additional Services under existing Orders, we can discontinue any Cloud Products, any Additional Services, or any portion or feature of any Cloud Products for any reason at any time without liability to you.
+
+26. General Provisions.
+
+26.1. Notices. Any notice under these Terms must be given in writing. We may provide notice to you through your Notification Email Address, your account or in-product notifications. You agree that any electronic communication will satisfy any applicable legal communication requirements, including that such communications be in writing. Any notice to you will be deemed given upon the first business day after we send it. You will provide notice to us by post to Atlassian Pty Ltd, c/o Atlassian, Inc., 350 Bush Street, Floor 13, San Francisco, CA, USA 94104, Attn: General Counsel. Your notices to us will be deemed given upon receipt.
+
+26.2. Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) if the delay or failure is due to events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.
+
+26.3. Assignment. You may not assign or transfer these Terms without our prior written consent. As an exception to the foregoing, you may assign these Terms in their entirety (including all Orders) to your successor resulting from a merger, acquisition, or sale of all or substantially all of your assets or voting securities, provided that you provide us with prompt written notice of the assignment and the assignee agrees in writing to assume all of your obligations under these Terms. Any attempt by you to transfer or assign these Terms except as expressly authorized above will be null and void. We may assign our rights and obligations under these Terms (in whole or in part) without your consent. We may also permit our Affiliates, agents and contractors to exercise our rights or perform our obligations under these Terms, in which case we will remain responsible for their compliance with these Terms. Subject to the foregoing, these Terms will inure to the parties’ permitted successors and assigns.
+
+26.4. Government End Users. Any United States federal, state, or local government customers are subject to the Government Amendment in addition to these Terms.
+
+26.5. Entire Agreement. These Terms are the entire agreement between you and us relating to the Cloud Products and any other subject matter covered by these Terms, and supersede all prior or contemporaneous oral or written communications, proposals and representations between you and us with respect to the Cloud Products or any other subject matter covered by these Terms. No provision of any purchase order or other business form employed by you will supersede or supplement the terms and conditions of these Terms, and any such document relating to these Terms will be for administrative purposes only and will have no legal effect.
+
+26.6. Conflicts. In event of any conflict between the main body of these Terms and either Our Policies or Product-Specific Terms, Our Policies or Product-Specific Terms (as applicable) will control with respect to their subject matter.
+
+26.7. Waivers; Modifications. No failure or delay by the injured party to these Terms in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder at law or equity. Except as set forth in Section 24 (Changes to these Terms), any amendments or modifications to these Terms must be executed in writing by an authorized representative of each party.
+
+26.8. Interpretation. As used herein, “including” (and its variants) means “including without limitation” (and its variants). Headings are for convenience only. If any provision of these Terms is held to be void, invalid, unenforceable or illegal, the other provisions will continue in full force and effect.
+
+26.9. Independent Contractors. The parties are independent contractors. These Terms will not be construed as constituting either party as a partner of the other or to create any other form of legal association that would give either party the express or implied right, power or authority to create any duty or obligation of the other party.
+
+27. Definitions. Certain capitalized terms are defined in this Section 27, and others are defined contextually in these Terms.
+
+“Additional Services” means Technical Account Manager (TAM) services, premier or priority support or other services related to the Cloud Products we provide to you, as identified in an Order. For the avoidance of doubt, Additional Services do not include the standard level of support included in your subscription.
+
+“Administrators” mean the personnel designated by you who administer the Cloud Products to End Users on your behalf.
+
+“Affiliate” means an entity which, directly or indirectly, owns or controls, is owned or is controlled by or is under common ownership or control with a party, where “control” means the power to direct the management or affairs of an entity, and “ownership” means the beneficial ownership of greater than 50% of the voting equity securities or other equivalent voting interests of the entity.
+
+“Cloud Products” means our hosted or cloud-based solutions (currently designated as “Cloud” deployments), including any client software we provide as part of the Cloud Products.
+
+“Documentation” means our standard published documentation for the Cloud Products, currently located here.
+
+“End User” means an individual you or an Affiliate permits or invites to use the Cloud Products. For the avoidance of doubt:  (a) individuals invited by your End Users, (b) individuals under managed accounts, and (c) individuals interacting with a Cloud Product as your customer are also considered End Users.
+
+“End User Account” means an account established by you or an End User to enable the End User to use or access a Cloud Product.
+
+“Feedback” means comments, questions, ideas, suggestions or other feedback relating to the Cloud Products, Support or Additional Services.
+
+“HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented.
+
+“Laws” means all applicable local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer, international communications and the exportation of technical or personal data.
+
+“Notification Email Address” means the email address(es) you used to register for a Cloud Product account or otherwise sign up for a Cloud Product. It is your responsibility to keep your email address(es) valid and current so that we are able to send notices, statements, and other information to you.
+
+“Order” means Atlassian’s applicable online order page(s), flows, in-product screens or other Atlassian-approved ordering document or process describing the products and services you are ordering from us and, as applicable, their permitted scope of use. As applicable, the Order will identify: (i) the Cloud Products, (ii) the number of End Users, Subscription Term, domain(s) associated with your use of Cloud Products, storage capacity or limits, or other scope of use parameters and (iii) (for paid Orders) the amount or rate you will be charged, the billing and renewal terms, applicable currency, and form of payment. Orders may also include Additional Services and No-Charge Products.
+
+“Our Deliverables” means any materials, deliverables, modifications, derivative works or developments that we provide in connection with any Additional Services.
+
+“Our Policies” means our Acceptable Use Policy, guidelines for Reporting Copyright and Trademark Violations, Online Community Platforms Terms of Use, Privacy Policy, Support Policy, Enterprise Support and Services Policy, terms for Third Party Code in Atlassian Products, and (unless specified) any other policies or terms referenced in these Terms.
+
+“Our Technology” means the Cloud Products (including all No-Charge Products), Our Deliverables, their “look and feel”, any and all related or underlying technology and any modifications or derivative works of the foregoing, including as they may incorporate Feedback.
+
+“PCI DSS” means the Payment Card Industry Data Security Standards.
+
+“PO” means a purchase order.
+
+“Product-Specific Terms” means additional terms that apply to certain Cloud Products and Additional Services, currently located here.
+
+“Sensitive Personal Information” means any (i) special categories of personal data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (ii) patient, medical or other protected health information regulated by HIPAA; (iii) credit, debit or other payment card data subject to PCI DSS; (iv) other personal information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations); (v) social security numbers, driver’s license numbers or other government ID numbers; or (vi) any data similar to the foregoing that is protected under foreign or domestic laws or regulations.
+
+“Subscription Term” means your permitted subscription period for a Cloud Product, as set forth in the applicable Order.
+
+“Support” means support for the Cloud Products, as further described in the Support Policy and Enterprise Support and Services Policy (to the extent applicable). Your Support level will be specified in the applicable Order.
+
+“Training” means Atlassian-provided training and certification services.
+
+“Your Data” means any data, content, code, video, images or other materials of any type that you (including any of your End Users) submit to Cloud Products. In this context, “submit” (and any similar term) includes submitting, uploading, transmitting or otherwise making available Your Data to or through the Cloud Products.
+
+“Your Materials” means your materials, systems, personnel or other resources.

sample-terms-and-conditions/cnn.txt

@@ -0,0 +1,115 @@
+CNN Terms of Use
+MOBILE APPS/WEBSITE TERMS OF USE
+Welcome to CNN!
+FIRST, AN IMPORTANT MESSAGE: PLEASE READ THESE TERMS AND CONDITIONS OF USE ("Terms", "Terms of Use", or "Agreement") CAREFULLY BEFORE USING THIS SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
+These Terms of Use describe the terms and conditions that govern your use of the current and future online and mobile websites, platforms, services, applications, and networks owned or operated by Cable News Network, Inc. ("CNN"), including without limitation, CNN.com, HLNtv.com, CNNI.com (edition.cnn.com) and cnnespanol.com, and/or for which CNN currently or in the future provides services and/or technology (the "Site" or "Sites"). You accept and agree to be bound by these Terms of Use when you use any of the Sites, without limitation, when you view or access content or videos on any of the Sites.
+(A) Governing Terms. These Terms of Use, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Site in relation to a specific service or feature and the CNN Privacy Policy, set forth the terms and conditions that apply to your use of the CNN.com Site. By using the Site, you agree to comply with all of the terms and conditions hereof. If you do not agree to these Terms of Use, you should not access or use the Site.
+(B) Changes to Terms of Use. CNN may modify the Terms of Use, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
+(C) Changes to Site. CNN may change or discontinue any aspect, service or feature of the Site at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
+(D) Registration. You may be given the opportunity to register via an online registration form to create a user account ("Your Account") that may allow you to receive information from CNN and/or to participate in certain features on the Site such as certain Interactive Areas. CNN will use the information you provide in accordance with the CNN Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password and/or user name. You acknowledge and agree that CNN may rely on this password or user name to identify you. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any. You are responsible for all use of Your Account, regardless of whether you authorized such access or use, and for ensuring that all use of Your Account complies fully with the provisions of these Terms of Use.
+(E) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Site and all charges related to the same.
+2. User Content and Conduct; Community Guidelines
+The following terms apply to content submitted by users, and user conduct, on the Site's Interactive Areas, including CNN iReport:
+(A) Interactive Areas. The Site may contain comments sections, discussion forums, or other interactive features, including CNN iReport, CNN's user-generated news community ("Interactive Areas") in which you may post or upload user-generated content, including but not limited to iReports, comments, video, photos, messages, other materials or items (collectively, "User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, participate on the Site, and fulfill the obligations set forth in these Terms of Use, which forms a binding contract between you and CNN. Employees of Cable News Network, Inc. may not submit User Content without permission from their supervisors.
+(B) Community Guidelines. By submitting any User Content or participating in an Interactive Area within or in connection with the Site, you agree to abide by the following rules of conduct:
+* You agree not to upload, post or otherwise transmit any User Content that:
+* violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others.
+* you know to be false, misleading or inaccurate.
+* contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity.
+* contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd.
+* violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them.
+* advocates violent behavior.
+* poses a reasonable threat to personal or public safety.
+* contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes.
+* is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by CNN, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site.
+* does not generally pertain to the designated topic or theme of any Interactive Area.
+* contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
+* You agree not to engage in activity that would constitute a criminal offense or give rise to a civil liability.
+* You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Site.
+* You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by CNN.
+* You agree not to impersonate any person or entity, including, but not limited to, CNN or any CNN employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
+* You agree not to represent or suggest, directly or indirectly, CNN's endorsement of User Content.
+* You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about the Site users or posting private information about a third party.
+* You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.
+* You agree not to interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
+* You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use the Site, or access to the Site.
+* You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web "robots" and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
+* You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
+Any conduct that in CNN's sole discretion restricts or inhibits anyone else from using or enjoying the Site will not be permitted. CNN reserves the right in its sole discretion to remove or edit User Content by you and to terminate Your Account for any reason.
+CNN does not vouch for the accuracy or credibility of any User Content, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Site. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.
+(C) Monitoring. CNN shall have the right, but not the obligation, to monitor User Content posted or uploaded to the Site to determine compliance with these Terms of Use and any operating rules established by CNN and to satisfy any law, regulation or authorized government request. Although CNN has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Site, CNN reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense. In addition, CNN may share personally identifiable information in response to a law enforcement agency's request, or where we believe it is necessary, or as otherwise required or permitted by law. See CNN Privacy Policy.
+The decision by CNN to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of CNN in connection with or arising from use by you of Interactive Areas on the Site.
+(D) License to User Content. By submitting User Content to the Site, you automatically grant CNN and its parent company, Turner Broadcasting, System, Inc., the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties. Notwithstanding the foregoing, in the event CNN licenses your iReport as stand-alone content outside of CNN's programming to third parties unaffiliated with CNN, CNN will pay you a percentage of the license fees it actually receives according to rates determined by CNN's licensing division, ImageSource. You agree and acknowledge that any iReport you submit may be entered into the annual iReport Awards. You represent and warrant to CNN that you have the full legal right, power and authority to grant to CNN the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms of Use, or infringe upon any rights, including the right of privacy or right of publicity, constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant CNN the right, but not the obligation, to pursue at law any person or entity that violates your or CNN's rights in the User Content by a breach of these Terms of Use.
+(E) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by CNN or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release CNN, and its licensees, successors and assigns, from any claims that you could otherwise assert against CNN by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.
+(F) No Obligation. User Content submitted by you will be considered non-confidential and CNN is under no obligation to treat such User Content as proprietary information except pursuant to the CNN Privacy Policy. Without limiting the foregoing, CNN reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. CNN is under no obligation to edit, delete or otherwise modify User Content once it has been submitted to CNN. CNN shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.
+3. Copyright Ownership.
+The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under the United States copyright laws. CNN owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of CNN and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
+4. Third Party Content.
+CNN is a distributor (and not a publisher or creator) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Site, are those of the respective author(s) or distributor(s) and not of CNN. Neither CNN nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
+In many instances, the content available through the Site represents the opinions and judgments of the respective user or information provider not under contract with CNN. CNN neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by any third party. Under no circumstances will CNN be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Site. CNN is not responsible for any actions or inaction on your part based on the information that is presented on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
+5. Advertisements and Promotions.
+CNN may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than CNN, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. CNN is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
+6. Disclaimer of Warranty; Limitation of Liability and Time Limitation for Claims.
+(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER CNN, ITS PRESENT OR FUTURE PARENT(S), SUBSIDIARIES, OR RELATED ENTITIES (COLLECTIVELY, "TURNER"), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
+(B) THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.
+(C) THE SITE MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. CNN IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER'S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE SITE.
+(D) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL TURNER, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF TURNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT TURNER IS NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.
+IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS.
+(E) CNN DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE TO CNN'S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE SITE.
+(F) TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR YOUR USE OF THE SERVICE AND/OR SITE, THESE TERMS OF USE, OR THE RELATIONSHIP BETWEEN US, MUST BE COMMENCED WITHIN ONE YEAR OF THE RELEVANT EVENTS. A DISPUTE IS COMMENCED IF IT IS FILED IN AN ARBITRATION OR, IF THE DISPUTE IS NON-ARBITRABLE, A COURT WITH JURISDICTION, DURING THE ONE-YEAR PERIOD. IF YOU OR WE PROVIDE NOTICE OF A DISPUTE UNDER SECTION 12 (DISPUTE RESOLUTION), THE ONE-YEAR PERIOD IS TOLLED FOR 60 DAYS FOLLOWING RECEIPT OF THE NOTICE OF DISPUTE. YOU AND WE EACH WAIVE—THAT IS, GIVE UP—THE RIGHT TO PURSUE ANY DISPUTE, CLAIM OR CONTROVERSY THAT IS NOT FILED WITHIN ONE YEAR AND ANY RIGHT YOU OR WE MAY HAVE HAD TO PURSUE THAT DISPUTE, CLAIM OR CONTROVERSY IN ANY FORUM IS PERMANENTLY BARRED.
+7. Indemnification.
+You agree to defend, indemnify and hold harmless CNN, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Site by you or your Account. CNN reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide CNN with such cooperation as is reasonably requested by CNN.
+8. Termination.
+CNN may terminate or suspend these Terms of Use at any time without notice to you. Without limiting the foregoing, CNN shall have the right to immediately terminate Your Account in the event of any conduct by you which CNN, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use. The provisions of Sections 1 - 13 shall survive termination of these Terms of Use.
+9. Trademarks.
+CNN, its parent, subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on the Site are the property of their respective owners.
+10. Governing Law and Venue.
+The content, data, video, and all other material and features on the Site are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates.
+Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Sites, and/or the provision of content, services, and/or technology on or through the Sites shall be governed by and construed exclusively in accordance with the laws and decisions of the State of New York applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions, except to the extent that law is inconsistent with or preempted by federal law. To the extent that a dispute is not subject to arbitration under Section 12 (Dispute Resolution) of this Agreement, that action shall be brought in the appropriate state or federal court located in New York County, New York; and we both irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York County, New York for the adjudication of all non-arbitral claims.
+11. Severability.
+Except as specified in Section 12 (Dispute Resolution), if any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
+12. Dispute Resolution.
+Summary:
+Our customer-service department can resolve most customer concerns quickly and to the customer's satisfaction. Please contact CNN at cnn.com/feedback. In the unlikely event that you're not satisfied with customer service's solution (or if CNN has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
+Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Unless expressly limited by this Dispute Resolution provision, arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, we will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from us to at least the same extent as you would be in court.
+In addition, under certain circumstances (as explained below), we will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what we have offered you to settle the dispute.
+Arbitration Agreement
+(1) Claims Subject to Arbitration: CNN and you agree to arbitrate all disputes and claims between us, except for claims arising from bodily injury or that pertain to enforcing, protecting, or the validity of your or our intellectual property rights (or the intellectual property rights of any of our licensors, affiliates and partners). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
+* claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory;
+* claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
+* claims for mental or emotional distress or injury not arising out of physical bodily injury;
+* claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
+* claims that may arise after the termination of this Agreement.
+References to "CNN," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; our respective predecessors in interest, successors, and assigns (including AT&T and its affiliates); and all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an action in small claims court seeking only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and we are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
+(2) Pre-Arbitration Notice of Disputes: A party who intends to seek arbitration must first send to the other a written Notice of Dispute ("Notice"). The Notice to CNN should be sent by certified mail to: General Counsel, WarnerMedia News & Sports, 1 CNN Center, Atlanta, GA 30303 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand").
+If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or us is entitled. You may download a form to initiate arbitration at: adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf.
+(3) Arbitration Procedure: The arbitration will be governed by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is unavailable, another arbitration provider shall be selected by the parties or by the court.) The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them in writing at the Notice Address. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision or whether a dispute can or must be brought in arbitration are for the court to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. Unless we and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as provided in subsection (6) below, the arbitrator can award the same damages and individualized relief that a court can award under applicable law.
+(4) Arbitration Fees: After we receive notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000 in value. (The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly upon receiving a written request at the Notice Address.) We will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies we previously paid that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at greater than $75,000 (either to you or to us), the payment of these fees will be governed by the AAA rules.
+(5) Alternative Payment and Attorney Premium: If you initiated arbitration in accordance with the notice requirements above in subsection (2) and the arbitrator issues an award in your favor that is greater than the value of our last written settlement offer made before an arbitrator was selected, then we will:
+* pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and
+* pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").
+If we did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorneys' fees or expenses is greater than the value of our last written settlement offer, the calculation shall include only the portion of the award representing attorneys' fees or expenses that you reasonably incurred pursuing the arbitration through the date of our settlement offer.
+The right to the attorney premium supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover both the attorney premium and a duplicative award of attorneys' fees or costs. Although under some laws we may have a right to an award of attorneys' fees and expenses if we prevail in an arbitration, we agree that we will not seek such an award.
+(6) Requirement of Individual Arbitration: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then that claim or request for relief shall be severed , and all other claims and requests for relief shall be arbitrated.
+(7) Future Changes to Arbitration Provision: Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
+13. Miscellaneous.
+These Terms of Use and any operating rules for the Site established by CNN constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Use are for the benefit of CNN, its parent, subsidiaries, other affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. If you access the Site, including its Interactive Areas, from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.
+Neither CNN nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
+14. Copyrights and Copyright Agent.
+CNN respects the rights of all copyright holders and in this regard, CNN has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CNN's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
+1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
+2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
+3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
+4. Information reasonably sufficient to permit us to contact the complaining party;
+5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
+6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
+For copyright inquiries under the Digital Millennium Copyright Act please contact:
+CNN Collection
+One CNN Center
+12th Floor, North Tower
+Atlanta, GA 30303, USA
+Phone: +1 (404) 827-3326
+Email: licensing@cnn.com
+For web posting, reprint, transcript for CNN material, please contact licensing@cnn.com
+For any questions or requests other than copyright issues or licensing requests, please contact cnn.com/feedback.
+These Terms of Use were last updated on December 23, 2019.

sample-terms-and-conditions/duckduckgo.txt

@@ -0,0 +1,103 @@
+DuckDuckGo does not collect or share personal information. That is our privacy policy in a nutshell. The rest of this page tries to explain why you should care.
+
+Why You Should Care - Search Leakage
+Why You Should Care - Search History
+Information Not Collected
+Information Collected
+Information Shared
+Last updated on 04/11/12. Removed ", which gets sent to my personal email." in last paragraph as our feedback is now handled by multiple team members via desk.com.
+Before that, on 03/11/12. Removed dead link (Scroogle) and added a missing 'to'.
+Before that, on 11/16/10. This paragraph was added.
+Before that, on 9/25/10. This paragraph was added.
+Before that, on 9/16/10. This paragraph was added.
+WHY YOU SHOULD CARE
+SEARCH LEAKAGE  [TOP]
+At other search engines, when you do a search and then click on a link, your search terms are sent to that site you clicked on (in the HTTP referrer header). We call this sharing of personal information "search leakage."
+
+For example, when you search for something private, you are sharing that private search not only with your search engine, but also with all the sites that you clicked on (for that search).
+
+In addition, when you visit any site, your computer automatically sends information about it to that site (including your User agent and IP address). This information can often be used to identify you directly.
+
+So when you do that private search, not only can those other sites know your search terms, but they can also know that you searched it. It is this combination of available information about you that raises privacy concerns.
+
+DuckDuckGo prevents search leakage by default. Instead, when you click on a link on our site, we route (redirect) that request in such a way so that it does not send your search terms to other sites. The other sites will still know that you visited them, but they will not know what search you entered beforehand.
+
+At some other search engines (including us), you can also use an encrypted version (HTTPS), which as a byproduct doesn't usually send your search terms to sites. However, it is slower to connect to these versions and if you click on a site that also uses HTTPS then your search is sent. Nevertheless, the encrypted version does protect your search from being leaked onto the computers it travels on between you and us.
+
+At DuckDuckGo, our encrypted version goes even further and automatically changes links from a number of major Web sites to point to the encrypted versions of those sites. It is modeled after (and uses code from) the HTTPS Everywhere FireFox add-on. These sites include Wikipedia, Facebook, Twitter, and Amazon to name a few.
+
+Another way to prevent search leakage is by using something called a POST request, which has the effect of not showing your search in your browser, and, as a consequence, does not send it to other sites. You can turn on POST requests on our settings page, but it has its own issues. POST requests usually break browser back buttons, and they make it impossible for you to easily share your search by copying and pasting it out of your Web browser's address bar.
+
+Finally, if you want to prevent sites from knowing you visited them at all, you can use a proxy like Tor. DuckDuckGo actually operates a Tor exit enclave, which means you can get end to end anonymous and encrypted searching using Tor & DDG together.
+
+You can enter !proxy domain into DuckDuckGo as well, and we will route you through a proxy, e.g. !proxy breadpig.com. This feature is part of our !bang syntax. Unfortunately, proxies can also be slow, and free proxies (like the one we use) are funded by arguably excessive advertising.
+
+Because of these drawbacks in HTTPS, POST and proxies we decided to take the redirect approach to combat search leakage. However, we leave the choice up to you. You can deviate from the default on our settings page by toggling the redirect or address bar settings. You can also use our encrypted version.
+
+SEARCH HISTORY  [TOP]
+Other search engines save your search history. Usually your searches are saved along with the date and time of the search, some information about your computer (e.g. your IP address, User agent and often a unique identifier stored in a browser cookie), and if you are logged in, your account information (e.g. name and email address).
+
+With only the timestamp and computer information, your searches can often be traced directly to you. With the additional account information, they are associated directly with you.
+
+Also, note that with this information your searches can be tied together. This means someone can see everything you've been searching, not just one isolated search. You can usually find out a lot about a person from their search history.
+
+It's sort of creepy that people at search engines can see all this info about you, but that is not the main concern. The main concern is when they either a) release it to the public or b) give it to law enforcement.
+
+Why would they release it to the public? AOL famously released supposedly anonymous search terms for research purposes, except they didn't do a good job of making them completely anonymous, and they were ultimately sued over it. In fact, almost every attempt to anonymize data has similarly been later found out to be much less anonymous than initially thought.
+
+The other way to release it to the public is by accident. Search engines could lose data, or get hacked, or accidentally expose data due to security holes or incompetence, all of which has happened with personal information on the Internet.
+
+Why would search engines give your search history to law enforcement? Simply because law enforcement asked for it, usually as part of a legal investigation. If you read privacy policies and terms of service carefully you will notice that they say they can give your information on court order.
+
+This makes sense because they may be legally obligated to do so. However, search engines are not legally obligated to collect personal information in the first place. They do it on their own volition.
+
+The bottom line is if search engines have your information, it could get out, even if they have the best intentions. And this information (your search history) can be pretty personal.
+
+For these reasons, DuckDuckGo takes the approach to not collect any personal information. The decisions of whether and how to comply with law enforcement requests, whether and how to anonymize data, and how to best protect your information from hackers are out of our hands. Your search history is safe with us because it cannot be tied to you in any way.
+
+INFORMATION
+INFORMATION NOT COLLECTED  [TOP]
+When you search at DuckDuckGo, we don't know who you are and there is no way to tie your searches together.
+
+When you access DuckDuckGo (or any Web site), your Web browser automatically sends information about your computer, e.g. your User agent and IP address.
+
+Because this information could be used to link you to your searches, we do not log (store) it at all. This is a very unusual practice, but we feel it is an important step to protect your privacy.
+
+It is unusual for a few reasons. First, most server software auto-stores this information, so you have to go out of your way not to store it. Second, most businesses want to keep as much information as possible because they don't know when it will be useful. Third, many search engines actively use this information, for example to show you more targeted advertising.
+
+Another way that your searches are often tied together at other search engines are through browser cookies, which are pieces of information that sit on your computer and get sent to the search engine on each request. What search engines often do is store a unique identifier in your browser and then associate that identifier with your searches. At DuckDuckGo, no cookies are used by default.
+
+In response to efforts by the EFF and others, the major search engines have begun "anonymizing" their search log data after periods of time. Sure, this is better than not doing so, but you should note that this does not make your search history anonymous in the same way that it is at DuckDuckGo.
+
+What search engines generally do when they anonymize data is get rid of part of your IP address or turn it into something that doesn't look exactly like an IP address. And they do the same thing for uniquely identifying cookies.
+
+However, in many cases, this so-called anonymous data can still tie your searches together, which can be used to reconstruct who you are and what you searched for. Additionally, search engines usually are silent on what they do with the User agent, which has been shown to also have enough information to often be personally identifiable, especially if isolated to a particular search session (day).
+
+INFORMATION COLLECTED  [TOP]
+At DuckDuckGo, no cookies are used by default. If you have changed any settings, then cookies are used to store those changes. However, in that case, they are not stored in a personally identifiable way. For example, the large size setting is stored as 's=l'; no unique identifier is in there. Furthermore, if you prefer not to use cookies to store settings, you can use URL parameters instead.
+
+Additionally, if you use our !bang syntax/dropdown, which bangs you use are stored in a cookie so that we can list your most frequently used ones on top of the !bang dropdown box. Just like the other settings, this information is not saved on our servers at all, but resides solely on your computer. There is also a setting to turn this off, which you can also set via a URL parameter. Particular searches are of course not stored. An example cookie might look like: php=2&yelp=19&java=4.
+
+We also save searches, but again, not in a personally identifiable way, as we do not store IP addresses or unique User agent strings. We use aggregate, non-personal search data to improve things like misspellings.
+
+Similarly, we may add an affiliate code to some eCommerce sites (e.g. Amazon & eBay) that results in small commissions being paid back to DuckDuckGo when you make purchases at those sites. We do not use any third parties to do the code insertion, and we do not work with any sites that share personally identifiable information (e.g. name, address, etc.) via their affiliate programs. This means that no information is shared from DuckDuckGo to the sites, and the only information that is collected from this process is product information, which is not tied to any particular user and which we do not save or store on our end. It is completely analogous to the search result case from the previous paragraph--we can see anonymous product info such that we cannot tie them to any particular person (or even tie multiple purchases together). This whole affiliate process is an attempt to keep advertising to a minimal level on DuckDuckGo.
+
+Finally, if you give us feedback, it may be stored in our email. However, you can give anonymous feedback (by not entering your email or other personal info on the feedback form).
+
+INFORMATION SHARED  [TOP]
+If you turn redirects off in the settings and you don't either turn POST on or use our encrypted site, then your search could leak to sites you click on. Yet as explained above, this does not happen by default.
+
+Also, like anyone else, we will comply with court ordered legal requests. However, in our case, we don't expect any because there is nothing useful to give them since we don't collect any personal information.
+
+OTHER
+OTHER SEARCH ENGINES  [TOP]
+If you care about search privacy, you might also want to check out these other search engines that take it seriously by default.
+
+Ixquick [privacy policy]
+Each does things a bit differently in terms of privacy and very differently in terms of results. And not all go as far as DuckDuckGo in some aspects. However, none store your personal information by default, which make them all pretty safe in our opinion.
+
+UPDATES  [TOP]
+If this policy is substantively updated, we will update the text of this page and provide notice to you at https://duckduckgo.com/about by writing '(Updated)' in red next to the link to this page (in the footer) for a period of at least 30 days.
+
+FEEDBACK  [TOP]
+I (Gabriel Weinberg) am the founder of Duck Duck Go and personally wrote this privacy policy. If you have any questions or concerns, please submit feedback.

sample-terms-and-conditions/facebook.txt

@@ -0,0 +1,130 @@
+Terms of Service
+For messaging, voice and video calling services included in Facebook Products, please click here for a contract summary and here for other information required by the European Electronic Communications Code.
+
+
+Welcome to Facebook!
+
+Facebook builds technologies and services that enable people to connect with each other, build communities and grow businesses. These Terms govern your use of Facebook, Messenger and the other products, features, apps, services, technologies and software that we offer (the Facebook Products or Products), except where we expressly state that separate terms (and not these) apply. These Products are provided to you by Facebook Ireland Limited.
+
+We don't charge you to use Facebook or the other products and services covered by these Terms. Instead, businesses and organisations pay us to show you ads for their products and services. By using our Products, you agree that we can show you ads that we think will be relevant to you and your interests. We use your personal data to help determine which ads to show you.
+
+We don't sell your personal data to advertisers, and we don't share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission. Instead, advertisers can tell us things such as the kind of audience that they want to see their ads, and we show those ads to people who may be interested. We provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content. See Section 2 below to learn more.
+
+Our Data Policy explains how we collect and use your personal data to determine some of the ads that you see and provide all of the other services described below. You can also go to your settings at any time to review the privacy choices that you have about how we use your data.
+Return to top
+1. The services we provide
+Our mission is to give people the power to build community and bring the world closer together. To help advance this mission, we provide the products and services described below to you:
+Provide a personalised experience for you:
+Your experience on Facebook is unlike anyone else's: from the posts, stories, events, ads and other content that you see in News Feed or our video platform to the Pages that you follow and other features that you might use, such as Trending, Marketplace and search. We use the data that we have – for example, about the connections you make, the choices and settings you select, and what you share and do on and off our Products – to personalise your experience.
+Connect you with people and organisations that you care about:
+We help you find and connect with people, groups, businesses, organisations and others that matter to you across the Facebook Products that you use. We use the data that we have to make suggestions for you and others – for example, groups to join, events to attend, Pages to follow or send a message to, shows to watch and people who you may want to become friends with. Stronger ties make for better communities, and we believe that our services are most useful when people are connected to people, groups and organisations that they care about.
+Empower you to express yourself and communicate about what matters to you:
+There are many ways to express yourself on Facebook and to communicate with friends, family and others about what matters to you – for example, sharing status updates, photos, videos and stories across the Facebook Products that you use, sending messages to a friend or several people, creating events or groups, or adding content to your profile. We have also developed, and continue to explore, new ways for people to use technology, such as augmented reality and 360 video to create and share more expressive and engaging content on Facebook.
+Help you discover content, products and services that may interest you:
+We show you ads, offers and other sponsored content to help you discover content, products and services that are offered by the many businesses and organisations that use Facebook and other Facebook Products. Section 2 below explains this in more detail.
+Combat harmful conduct, and protect and support our community:
+People will only build community on Facebook if they feel safe. We employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Products, harmful conduct towards others and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action – for example, offering help, removing content, blocking access to certain features, disabling an account or contacting law enforcement. We share data with other Facebook Companies when we detect misuse or harmful conduct by someone using one of our Products.
+Use and develop advanced technologies to provide safe and functional services for everyone:
+We use and develop advanced technologies such as artificial intelligence, machine learning systems and augmented reality so that people can use our Products safely regardless of physical ability or geographic location. For example, technology such as this helps people who have visual impairments understand what or who is in photos or videos shared on Facebook or Instagram. We also build sophisticated network and communication technology to help more people connect to the Internet in areas with limited access. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products.
+Research ways to make our services better:
+We engage in research to develop, test and improve our Products. This includes analysing the data we have about our users and understanding how people use our Products, for example by conducting surveys and testing and troubleshooting new features. Our Data Policy explains how we use data to support this research for the purposes of developing and improving our services.
+Provide consistent and seamless experiences across the Facebook Company Products:
+Our Products help you find and connect with people, groups, businesses, organisations and others that are important to you. We design our systems so that your experience is consistent and seamless across the different Facebook Company Products that you use. For example, we use data about the people you engage with on Facebook to make it easier for you to connect with them on Instagram or Messenger, and we enable you to communicate with businesses that you follow on Facebook through Messenger.
+Enable global access to our services:
+To operate our global service, we need to store and distribute content and data in our data centres and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by Facebook, Inc., Facebook Ireland Limited or its affiliates.
+Return to top
+2. How our services are funded
+Instead of paying to use Facebook and the other products and services we offer, by using the Facebook Products covered by these Terms you agree that we can show you ads that business and organisations pay us to promote on and off the Facebook Company Products. We use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you.
+Protecting people's privacy is central to how we've designed our ad system. This means that we can show you relevant and useful ads without telling advertisers who you are. We don't sell your personal data. We allow advertisers to tell us things such as their business goal, and the kind of audience that they want to see their ads (for example, people between the ages of 18-35 who like cycling). We then show their ad to people who might be interested.
+We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off Facebook. For example, we provide general demographic and interest information for advertisers (for example, that an ad was seen by a woman between the ages of 25 and 34 who lives in Madrid and likes software engineering) to help them better understand their audience. We don't share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission. Learn more about how Facebook ads work here.
+We collect and use your personal data in order to provide the services described above for you. You can learn about how we collect and use your data in our Data Policy. You have controls over the types of ads and advertisers you see, and the types of information we use to determine which ads we show you. Learn more.
+Return to top
+3. Your commitments to Facebook and our community
+We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:
+1. Who can use Facebook
+When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:
+use the same name that you use in everyday life;
+provide accurate information about yourself;
+create only one account (your own) and use your timeline for personal purposes; and
+not share your password, give access to your Facebook account to others or transfer your account to anyone else (without our permission).
+We try to make Facebook broadly available to everyone, but you cannot use Facebook if:
+You are under 13 years old.
+You are a convicted sex offender.
+We've previously disabled your account for breaches of our Terms or Policies.
+You are prohibited from receiving our products, services or software under applicable laws.
+2. What you can share and do on Facebook
+We want people to use Facebook to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
+You may not use our Products to do or share anything:
+That breaches these Terms, our Community Standards and other terms and policies that apply to your use of Facebook.
+That is unlawful, misleading, discriminatory or fraudulent.
+That infringes or breaches someone else's rights, including their intellectual property rights.
+You may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of our Products.
+You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data that you do not have permission to access.
+We can remove or block content that is in breach of these provisions.
+If we remove content that you have shared for breach of our Community Standards, we'll let you know and explain any options that you have to request another review, unless you seriously or repeatedly breach these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
+To help support our community, we encourage you to report content or conduct that you believe breaches your rights (including intellectual property rights) or our terms and policies.
+We also can remove or restrict access to your content, services or information if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to Facebook.
+3. The permissions you give us
+We need certain permissions from you to provide our services:
+Permission to use content that you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.
+You own the intellectual property rights (things such as copyright or trademarks) in any such content that you create and share on Facebook and the other Facebook Company Products you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.
+However, to provide our services, we need you to give us some legal permissions (known as a ‘licence') to use this content. This is solely for the purposes of providing and improving our Products and services as described in Section 1 above.
+Specifically, when you share, post or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Facebook, you give us permission to store, copy and share it with others (again, consistent with your settings) such as service providers that support our service or other Facebook Products you use.This licence will end when your content is deleted from our systems.
+You can delete content individually or all at once by deleting your account. Learn more about how to delete your account. You can download a copy of your data at any time before deleting your account.
+When you delete content, it's no longer visible to other users; however, it may continue to exist elsewhere on our systems where:
+Immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it);
+your content has been used by others in accordance with this licence and they have not deleted it (in which case, this licence will continue to apply until that content is deleted); or
+Where immediate deletion would restrict our ability to:
+investigate or identify illegal activity or breaches of our Terms and Policies (for example, to identify or investigate misuse of our Products or systems);
+comply with a legal obligation, such as the preservation of evidence; or
+comply with a request of a judicial or administrative authority, law enforcement or a government agency;
+in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
+In each of the above cases, this licence will continue until the content has been fully deleted.
+Permission to use your name, profile picture and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions that you have taken on Facebook next to or in connection with ads, offers and other sponsored content that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a Page created by a brand that has paid us to display its ads on Facebook. Ads like this can be seen only by people who have your permission to see the actions that you've taken on Facebook. You can learn more about your ad settings and preferences.
+Permission to update software that you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.
+4. Limits on using our intellectual property
+If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos or sounds that we provide, which you add to content that you create or share on Facebook), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open-source licence) to modify, create derivative works of, decompile or otherwise attempt to extract source code from us.
+Return to top
+4. Additional provisions
+1. Updating our Terms
+We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. We will only make changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests.
+We will notify you (for example, by email or through our Products) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect, unless the changes are required by law. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.
+We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be part of the Facebook community, you can delete your account at any time.
+2. Account suspension or termination
+We want Facebook to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.
+If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people's intellectual property rights or where we are required to do so for legal reasons.
+Where we take such action, we'll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
+You can learn more about what you can do if your account has been disabled and how to contact us if you think that we have disabled your account by mistake.
+If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3.3.1, 4.2-4.5.
+3. Limits on liability
+Nothing in these Terms is intended to exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence, or to affect your statutory rights.
+We will exercise professional diligence in providing our Products and services to you and in keeping a safe, secure and error-free environment. Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; and events beyond our reasonable control.
+4. Disputes
+We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.
+If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action or dispute that you have against us, which arises out of or relates to these Terms or the Facebook Products ("claim"), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in the Republic of Ireland and that Irish law will govern these Terms and any claim, without regard to conflict of law provisions.
+5. Other
+These Terms (formerly known as the Statement of Rights and Responsibilities) make up the entire agreement between you and Facebook Ireland Limited regarding your use of our Products. They supersede any prior agreements.
+Some of the Products that we offer are also governed by supplemental Terms. If you use any of these Products, you will be provided with an opportunity to agree to supplemental terms that will become part of our agreement with you. For instance, if you access or use our Products for commercial or business purposes, such as buying ads, selling products, developing apps, managing a group or Page for your business, or using our measurement services, you must agree to our Commercial Terms. If you post or share content containing music, you must comply with our Music Guidelines. To the extent that any supplemental Terms conflict with these Terms, the supplemental Terms shall govern to the extent of the conflict.
+If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
+You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
+You may designate a person (called a legacy contact) to manage your account if it is memorialised. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialised.
+These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.
+You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name that you use in everyday life). We will inform you in advance if we have to do this and explain why.
+We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
+Return to top
+5. Other Terms and Policies that may apply to you
+Community Standards: These guidelines outline our standards regarding the content that you post to Facebook and your activity on Facebook and other Facebook Products.
+Commercial Terms: These Terms apply if you also access or use our Products for any commercial or business purpose, including advertising, operating an app on our Platform, using our measurement services, managing a group or a Page for a business, or selling goods or services.
+Advertising Policies: These Policies specify what types of ad content are allowed by partners who advertise across the Facebook Products.
+Self-Serve Ad Terms: These Terms apply when you use self-serve advertising interfaces to create, submit or deliver advertising or other commercial or sponsored activity or content.
+Pages, Groups and Events Policy: These guidelines apply if you create or administer a Facebook Page, group or event, or if you use Facebook to communicate or administer a promotion.
+Facebook Platform Policy: These guidelines outline the Policies that apply to your use of our platform (for example, for developers or operators of a platform application or website or if you use social plugins).
+Developer Payment Terms: These Terms apply to developers of applications that use Facebook Payments.
+Community Payment Terms: These Terms apply to payments made on or through Facebook.
+Commerce Policies: These guidelines outline the Policies that apply when you offer products and services for sale on Facebook.
+Facebook Brand Resources: These guidelines outline the Policies that apply to the use of Facebook trademarks, logos and screenshots.
+Music Guidelines: These guidelines outline the Policies that apply if you post or share content containing music on Facebook.
+Live Policies: These policies apply to all content broadcast to Facebook Live.
+Messaging services terms relevant for EU, EEA and UK users: terms applicable to the messaging, voice and video calling services included in Facebook Products are listed here and here in accordance with EU rules.
+
+Date of last revision: 20 December 2020

sample-terms-and-conditions/github.txt

@@ -0,0 +1,311 @@
+GitHub Terms of Service
+In this article
+Summary
+The GitHub Terms of Service
+A. Definitions
+B. Account Terms
+C. Acceptable Use
+D. User-Generated Content
+E. Private Repositories
+F. Copyright Infringement and DMCA Policy
+G. Intellectual Property Notice
+H. API Terms
+I. GitHub Additional Product Terms
+J. Beta Previews
+K. Payment
+L. Cancellation and Termination
+M. Communications with GitHub
+N. Disclaimer of Warranties
+O. Limitation of Liability
+P. Release and Indemnification
+Q. Changes to These Terms
+R. Miscellaneous
+Thank you for using GitHub! We're happy you're here. Please read this Terms of Service agreement carefully before accessing or using GitHub. Because it is such an important contract between us and our users, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.
+
+Summary
+Section	What can you find there?
+A. Definitions	Some basic terms, defined in a way that will help you understand this agreement. Refer back up to this section for clarification.
+B. Account Terms	These are the basic requirements of having an Account on GitHub.
+C. Acceptable Use	These are the basic rules you must follow when using your GitHub Account.
+D. User-Generated Content	You own the content you post on GitHub. However, you have some responsibilities regarding it, and we ask you to grant us some rights so we can provide services to you.
+E. Private Repositories	This section talks about how GitHub will treat content you post in private repositories.
+F. Copyright & DMCA Policy	This section talks about how GitHub will respond if you believe someone is infringing your copyrights on GitHub.
+G. Intellectual Property Notice	This describes GitHub's rights in the website and service.
+H. API Terms	These are the rules for using GitHub's APIs, whether you are using the API for development or data collection.
+I. Additional Product Terms	We have a few specific rules for GitHub's features and products.
+J. Beta Previews	These are some of the additional terms that apply to GitHub's features that are still in development.
+K. Payment	You are responsible for payment. We are responsible for billing you accurately.
+L. Cancellation and Termination	You may cancel this agreement and close your Account at any time.
+M. Communications with GitHub	We only use email and other electronic means to stay in touch with our users. We do not provide phone support.
+N. Disclaimer of Warranties	We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
+O. Limitation of Liability	We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
+P. Release and Indemnification	You are fully responsible for your use of the service.
+Q. Changes to these Terms of Service	We may modify this agreement, but we will give you 30 days' notice of material changes.
+R. Miscellaneous	Please see this section for legal details including our choice of law.
+The GitHub Terms of Service
+Effective date: November 16, 2020
+
+A. Definitions
+Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.
+
+An "Account" represents your legal relationship with GitHub. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on GitHub. “Organizations” are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A User Account can be a member of any number of Organizations.
+The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the GitHub Privacy Statement, available at github.com/site/privacy) and procedures that we may publish from time to time on the Website. Most of our site policies are available at docs.github.com/categories/site-policy.
+"Beta Previews" mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.
+“Content” refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
+“GitHub,” “We,” and “Us” refer to GitHub, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
+The “Service” refers to the applications, software, products, and services provided by GitHub, including any Beta Previews.
+“The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for business or government Accounts (See Section B(5): Additional Terms).
+The “Website” refers to GitHub’s website located at github.com, and all content, services, and products provided by GitHub at or through the Website. It also refers to GitHub-owned subdomains of github.com, such as education.github.com and pages.github.com. These Terms also govern GitHub’s conference websites, such as githubuniverse.com, and product websites, such as atom.io. Occasionally, websites owned by GitHub may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
+B. Account Terms
+Short version: User Accounts and Organizations have different administrative controls; a human must create your Account; you must be 13 or over; you must provide a valid email address; and you may not have more than one free Account. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.
+
+1. Account Controls
+Users. Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it.
+
+Organizations. The "owner" of an Organization that was created under these Terms has ultimate administrative control over that Organization and the Content within it. Within the Service, an owner can manage User access to the Organization’s data and projects. An Organization may have multiple owners, but there must be at least one User Account designated as an owner of an Organization. If you are the owner of an Organization under these Terms, we consider you responsible for the actions that are performed on or through that Organization.
+
+2. Required Information
+You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes.
+
+3. Account Requirements
+We have a few simple rules for User Accounts on GitHub's Service.
+
+You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts:
+A machine account is an Account set up by an individual human who accepts the Terms on behalf of the Account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the Account is ultimately responsible for the machine's actions. You may maintain no more than one free machine account in addition to your free User Account.
+One person or legal entity may maintain no more than one free Account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine).
+You must be age 13 or older. While we are thrilled to see brilliant young coders get excited by learning to program, we must comply with United States law. GitHub does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s Account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
+Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many User Accounts as your subscription allows.
+You may not use GitHub in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use GitHub if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency. GitHub may allow persons in certain sanctioned countries or territories to access certain GitHub services pursuant to U.S. government authorizations. For more information, please see our Export Controls policy.
+4. User Account Security
+You are responsible for keeping your Account secure while you use our Service. We offer tools such as two-factor authentication to help you maintain your Account's security, but the content of your Account and its security are up to you.
+
+You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).
+You are responsible for maintaining the security of your Account and password. GitHub cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
+You will promptly notify GitHub if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.
+5. Additional Terms
+In some situations, third parties' terms may apply to your use of GitHub. For example, you may be a member of an organization on GitHub with its own terms or license agreements; you may download an application that integrates with GitHub; or you may use GitHub to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.
+
+If you are a government User or otherwise accessing or using any GitHub Service in a government capacity, this Government Amendment to GitHub Terms of Service applies to you, and you agree to its provisions.
+
+If you have signed up for GitHub Enterprise Cloud, the Enterprise Cloud Addendum applies to you, and you agree to its provisions.
+
+C. Acceptable Use
+Short version: GitHub hosts a wide variety of collaborative projects from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow the terms of this section, which include some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.
+
+Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
+
+You agree that you will not under any circumstances violate our Acceptable Use Policies or Community Guidelines.
+
+D. User-Generated Content
+Short version: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close Accounts if we need to.
+
+1. Responsibility for User-Generated Content
+You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
+
+2. GitHub May Remove Content
+We have the right to refuse or remove any User-Generated Content that, in our sole discretion, violates any laws or GitHub terms or policies. User-Generated Content displayed on GitHub Mobile may be subject to mobile app stores' additional terms.
+
+3. Ownership of Content, Right to Post, and License Grants
+You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
+
+Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other GitHub Users — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content. If you upload Content that already comes with a license granting GitHub the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.7. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have forked it.
+
+4. License Grant to Us
+We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.
+
+This license does not grant GitHub the right to sell Your Content. It also does not grant GitHub the right to otherwise distribute or use Your Content outside of our provision of the Service, except that as part of the right to archive Your Content, GitHub may permit our partners to store and archive Your Content in public repositories in connection with the GitHub Arctic Code Vault and GitHub Archive Program.
+
+5. License Grant to Other Users
+Any User-Generated Content you post publicly, including issues, comments, and contributions to other Users' repositories, may be viewed by others. By setting your repositories to be viewed publicly, you agree to allow others to view and "fork" your repositories (this means that others may make their own copies of Content from your repositories in repositories they control).
+
+If you set your pages and repositories to be viewed publicly, you grant each User of GitHub a nonexclusive, worldwide license to use, display, and perform Your Content through the GitHub Service and to reproduce Your Content solely on GitHub as permitted through GitHub's functionality (for example, through forking). You may grant further rights if you adopt a license. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other GitHub Users.
+
+6. Contributions Under Repository License
+Whenever you add Content to a repository containing notice of a license, you license that Content under the same terms, and you agree that you have the right to license that Content under those terms. If you have a separate agreement to license that Content under different terms, such as a contributor license agreement, that agreement will supersede.
+
+Isn't this just how it works already? Yep. This is widely accepted as the norm in the open-source community; it's commonly referred to by the shorthand "inbound=outbound". We're just making it explicit.
+
+7. Moral Rights
+You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.
+
+To the extent this agreement is not enforceable by applicable law, you grant GitHub the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
+
+E. Private Repositories
+Short version: We treat the content of private repositories as confidential, and we only access it as described in our Privacy Statement—for security purposes, to assist the repository owner with a support matter, to maintain the integrity of the Service, to comply with our legal obligations, if we have reason to believe the contents are in violation of the law, or with your consent.
+
+1. Control of Private Repositories
+Some Accounts may have private repositories, which allow the User to control access to Content.
+
+2. Confidentiality of Private Repositories
+GitHub considers the contents of private repositories to be confidential to you. GitHub will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
+
+3. Access
+GitHub personnel may only access the content of your private repositories in the situations described in our Privacy Statement.
+
+You may choose to enable additional access to your private repositories. For example:
+
+You may enable various GitHub services or features that require additional rights to Your Content in private repositories. These rights may vary depending on the service or feature, but GitHub will continue to treat your private repository Content as confidential. If those services or features require rights in addition to those we need to provide the GitHub Service, we will provide an explanation of those rights.
+Additionally, we may be compelled by law to disclose the contents of your private repositories.
+
+GitHub will provide notice regarding our access to private repository content, unless for legal disclosure, to comply with our legal obligations, or where otherwise bound by requirements under law, for automated scanning, or if in response to a security threat or other risk to security.
+
+F. Copyright Infringement and DMCA Policy
+If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on GitHub violates your rights, please contact us via our convenient DMCA form or by emailing copyright@github.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
+
+We will terminate the Accounts of repeat infringers of this policy.
+
+G. Intellectual Property Notice
+Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.
+
+1. GitHub's Rights to Content
+GitHub and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © GitHub, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from GitHub.
+
+2. GitHub Trademarks and Logos
+If you’d like to use GitHub’s trademarks, you must follow all of our trademark guidelines, including those on our logos page: https://github.com/logos.
+
+3. License to GitHub Policies
+This Agreement is licensed under this Creative Commons Zero license. For details, see our site-policy repository.
+
+H. API Terms
+Short version: You agree to these Terms of Service, plus this Section H, when using any of GitHub's APIs (Application Provider Interface), including use of the API through a third party product that accesses GitHub.
+
+Abuse or excessively frequent requests to GitHub via the API may result in the temporary or permanent suspension of your Account's access to the API. GitHub, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.
+
+You may not share API tokens to exceed GitHub's rate limitations.
+
+You may not use the API to download data or Content from GitHub for spamming purposes, including for the purposes of selling GitHub users' personal information, such as to recruiters, headhunters, and job boards.
+
+All use of the GitHub API is subject to these Terms of Service and the GitHub Privacy Statement.
+
+GitHub may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of GitHub's Service.
+
+I. GitHub Additional Product Terms
+Short version: You need to follow certain specific terms and conditions for GitHub's various features and products, and you agree to the Supplemental Terms and Conditions when you agree to this Agreement.
+
+Some Service features may be subject to additional terms specific to that feature or product as set forth in the GitHub Additional Product Terms. By accessing or using the Services, you also agree to the GitHub Additional Product Terms.
+
+J. Beta Previews
+Short version: Beta Previews may not be supported or may change at any time. You may receive confidential information through those programs that must remain confidential while the program is private. We'd love your feedback to make our Beta Previews better.
+
+1. Subject to Change
+Beta Previews may not be supported and may be changed at any time without notice. In addition, Beta Previews are not subject to the same security measures and auditing to which the Service has been and is subject. By using a Beta Preview, you use it at your own risk.
+
+2. Confidentiality
+As a user of Beta Previews, you may get access to special information that isn’t available to the rest of the world. Due to the sensitive nature of this information, it’s important for us to make sure that you keep that information secret.
+
+Confidentiality Obligations. You agree that any non-public Beta Preview information we give you, such as information about a private Beta Preview, will be considered GitHub’s confidential information (collectively, “Confidential Information”), regardless of whether it is marked or identified as such. You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview (the “Purpose”), and not for any other purpose. You should use the same degree of care as you would with your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You promise not to disclose, publish, or disseminate any Confidential Information to any third party, unless we don’t otherwise prohibit or restrict such disclosure (for example, you might be part of a GitHub-organized group discussion about a private Beta Preview feature).
+
+Exceptions. Confidential Information will not include information that is: (a) or becomes publicly available without breach of this Agreement through no act or inaction on your part (such as when a private Beta Preview becomes a public Beta Preview); (b) known to you before we disclose it to you; (c) independently developed by you without breach of any confidentiality obligation to us or any third party; or (d) disclosed with permission from GitHub. You will not violate the terms of this Agreement if you are required to disclose Confidential Information pursuant to operation of law, provided GitHub has been given reasonable advance written notice to object, unless prohibited by law.
+
+3. Feedback
+We’re always trying to improve of products and services, and your feedback as a Beta Preview user will help us do that. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (collectively, “Feedback”), you acknowledge and agree that GitHub will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our products, services, and documentation.
+
+K. Payment
+Short version: You are responsible for any fees associated with your use of GitHub. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.
+
+1. Pricing
+Our pricing and payment terms are available at github.com/pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
+
+2. Upgrades, Downgrades, and Changes
+We will immediately bill you when you upgrade from the free plan to any paying plan.
+If you change from a monthly billing plan to a yearly billing plan, GitHub will bill you for a full year at the next monthly billing date.
+If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
+You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account. Please see our section on Cancellation for information on getting a copy of that Content.
+3. Billing Schedule; No Refunds
+Payment Based on Plan For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made.
+
+Payment Based on Usage Some Service features are billed based on your usage. A limited quantity of these Service features may be included in your plan for a limited term without additional charge. If you choose to purchase paid Service features beyond the quantity included in your plan, you pay for those Service features based on your actual usage in the preceding month. Monthly payment for these purchases will be charged on a periodic basis in arrears. See GitHub Additional Product Terms for Details.
+
+Invoicing For invoiced Users, User agrees to pay the fees in full, up front without deduction or setoff of any kind, in U.S. Dollars. User must pay the fees within thirty (30) days of the GitHub invoice date. Amounts payable under this Agreement are non-refundable, except as otherwise provided in this Agreement. If User fails to pay any fees on time, GitHub reserves the right, in addition to taking any other action at law or equity, to (i) charge interest on past due amounts at 1.0% per month or the highest interest rate allowed by law, whichever is less, and to charge all expenses of recovery, and (ii) terminate the applicable order form. User is solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on GitHub's net income) that are imposed or become due in connection with this Agreement.
+
+4. Authorization
+By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for GitHub.
+
+5. Responsibility for Payment
+You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay GitHub any charge incurred in connection with your use of the Service. If you dispute the matter, contact GitHub Support. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.
+
+L. Cancellation and Termination
+Short version: You may close your Account at any time. If you do, we'll treat your information responsibly.
+
+1. Account Cancellation
+It is your responsibility to properly cancel your Account with GitHub. You can cancel your Account at any time by going into your Settings in the global navigation bar at the top of the screen. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel Accounts in response to an email or phone request.
+
+2. Upon Cancellation
+We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your Account is cancelled.
+
+We will not delete Content that you have contributed to other Users' repositories or that other Users have forked.
+
+Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.
+
+3. GitHub May Terminate
+GitHub has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. GitHub reserves the right to refuse service to anyone for any reason at any time.
+
+4. Survival
+All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
+
+M. Communications with GitHub
+Short version: We use email and other electronic means to stay in touch with our users.
+
+1. Electronic Communication Required
+For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
+
+2. Legal Notice to GitHub Must Be in Writing
+Communications made through email or GitHub Support's messaging system will not constitute legal notice to GitHub or any of its officers, employees, agents or representatives in any situation where notice to GitHub is required by contract or any law or regulation. Legal notice to GitHub must be in writing and served on GitHub's legal agent.
+
+3. No Phone Support
+GitHub only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
+
+N. Disclaimer of Warranties
+Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
+
+GitHub provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
+
+GitHub does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
+
+O. Limitation of Liability
+Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
+
+You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
+
+the use, disclosure, or display of your User-Generated Content;
+your use or inability to use the Service;
+any modification, price change, suspension or discontinuance of the Service;
+the Service generally or the software or systems that make the Service available;
+unauthorized access to or alterations of your transmissions or data;
+statements or conduct of any third party on the Service;
+any other user interactions that you input or receive through your use of the Service; or
+any other matter relating to the Service.
+Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
+
+P. Release and Indemnification
+Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.
+
+If you have a dispute with one or more Users, you agree to release GitHub from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
+
+You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that GitHub (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases GitHub of all liability); and (3) provides to you all reasonable assistance, at your expense.
+
+Q. Changes to These Terms
+Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any material changes and give you time to adjust to them.
+
+We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address specified in your GitHub account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service. You can view all changes to these Terms in our Site Policy repository.
+
+We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
+
+R. Miscellaneous
+1. Governing Law
+Except to the extent applicable law provides otherwise, this Agreement between you and GitHub and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and GitHub agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California.
+
+2. Non-Assignability
+GitHub may assign or delegate these Terms of Service and/or the GitHub Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
+
+3. Section Headings and Summaries
+Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
+
+4. Severability, No Waiver, and Survival
+If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of GitHub to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
+
+5. Amendments; Complete Agreement
+This Agreement may only be modified by a written amendment signed by an authorized representative of GitHub, or by the posting by GitHub of a revised version in accordance with Section Q. Changes to These Terms. These Terms of Service, together with the GitHub Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and GitHub relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
+
+6. Questions
+Questions about the Terms of Service? Contact us.

sample-terms-and-conditions/google.txt

@@ -0,0 +1,246 @@
+GOOGLE TERMS OF SERVICE
+Effective March 31, 2020 | Archived versions | Download PDF
+
+Country version: Belgium
+
+We’re updating our Terms of Service on January 5, 2022 to make it easier for you to understand what to expect from Google — and what we expect from you — as you use our services. Until then, the Terms below continue to apply.
+See a preview of the new Terms
+Review a summary of key changes
+What’s covered in these terms
+We know it’s tempting to skip these Terms of Service, but it’s important to establish what you can expect from us as you use Google services, and what we expect from you.
+These Terms of Service reflect the way Google’s business works, the laws that apply to our company, and certain things we’ve always believed to be true. As a result, these Terms of Service help define Google’s relationship with you as you interact with our services. For example, these terms include the following topic headings:
+
+What you can expect from us, which describes how we provide and develop our services
+What we expect from you, which establishes certain rules for using our services
+Content in Google services, which describes the intellectual property rights to the content you find in our services — whether that content belongs to you, Google, or others
+In case of problems or disagreements, which describes other legal rights you have, and what to expect in case someone violates these terms
+Understanding these terms is important because, to use our services, you must accept these terms.
+
+Besides these terms, we also publish a Privacy Policy. Although it’s not part of these terms, we encourage you to read it to better understand how you can update, manage, export, and delete your information.
+
+Service provider
+In the European Economic Area (EEA) and Switzerland, Google services are provided by, and you’re contracting with:
+
+Google Ireland Limited
+incorporated and operating under the laws of Ireland (Registered Number: 368047)
+
+Gordon House, Barrow Street
+Dublin 4
+Ireland
+
+Age requirements
+If you’re under the age required to manage your own Google Account, you must have your parent or legal guardian’s permission to use a Google Account. Please have your parent or legal guardian read these terms with you.
+
+If you’re a parent or legal guardian, and you allow your child to use the services, then these terms apply to you and you’re responsible for your child’s activity on the services.
+
+Some Google services have additional age requirements as described in their service-specific additional terms and policies.
+
+
+Your relationship with Google
+These terms help define the relationship between you and Google. Broadly speaking, we give you permission to use our services if you agree to follow these terms, which reflect how Google’s business works and how we earn money. When we speak of “Google,” “we,” “us,” and “our,” we mean Google Ireland Limited and its affiliates.
+
+What you can expect from us
+Provide a broad range of useful services
+
+We provide a broad range of services that are subject to these terms, including:
+apps and sites (like Search and Maps)
+platforms (like Google Play)
+integrated services (like Maps embedded in other companies’ apps or sites)
+devices (like Google Home)
+Our services are designed to work together, making it easier for you to move from one activity to the next. For example, Maps can remind you to leave for an appointment that appears in your Google Calendar.
+
+Improve Google services
+
+We’re constantly developing new technologies and features to improve our services. For example, we invest in artificial intelligence that uses machine learning to detect and block spam and malware, and to provide you with innovative features, like simultaneous translations. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our services, and start offering new services or stop offering old ones.
+
+We maintain a rigorous product research program, so before we change or stop offering a service, we carefully consider your interests as a user, your reasonable expectations, and the potential impact on you and others. We only change or stop offering services for valid reasons, such as to improve performance or security, to comply with law, to prevent illegal activities or abuse, to reflect technical developments, or because a feature or an entire service is no longer popular enough or economical to offer.
+
+If we make material changes that negatively impact your use of our services or if we stop offering a service, we’ll provide you with reasonable advance notice and an opportunity to export your content from your Google Account using Google Takeout, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.
+
+What we expect from you
+Follow these terms and service-specific additional terms
+
+The permission we give you to use our services continues as long as you meet your responsibilities in:
+these terms
+service-specific additional terms, which could, for example, include things like additional age requirements
+We also make various policies, help centers, and other resources available to you to answer common questions and to set expectations about using our services. These resources include our Privacy Policy, Copyright Help Center, Safety Center, and other pages accessible from our policies site.
+
+Although we give you permission to use our services, we retain any intellectual property rights we have in the services.
+
+Respect others
+
+Many of our services allow you to interact with others. We want to maintain a respectful environment for everyone, which means you must follow these basic rules of conduct:
+comply with applicable laws, including export control, sanctions, and human trafficking laws
+respect the rights of others, including privacy and intellectual property rights
+don’t abuse or harm others or yourself (or threaten or encourage such abuse or harm) — for example, by misleading, defrauding, defaming, bullying, harassing, or stalking others
+don’t abuse, harm, interfere with, or disrupt the services
+Our service-specific additional terms and policies provide additional details about appropriate conduct that everyone using those services must follow. If you find that others aren’t following these rules, many of our services allow you to report abuse. If we act on a report of abuse, we also provide a fair process as described in the Taking action in case of problems section.
+
+Permission to use your content
+
+Some of our services are designed to let you upload, submit, store, send, receive, or share your content. You have no obligation to provide any content to our services and you’re free to choose the content that you want to provide. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful.
+
+License
+Your content remains yours, which means that you retain any intellectual property rights that you have in your content. For example, you have intellectual property rights in the creative content you make, such as reviews you write. Or you may have the right to share someone else’s creative content if they’ve given you their permission.
+
+We need your permission if your intellectual property rights restrict our use of your content. You provide Google with that permission through this license.
+
+What’s covered
+This license covers your content if that content is protected by intellectual property rights.
+
+What’s not covered
+This license doesn’t affect your data protection rights — it’s only about your intellectual property rights
+This license doesn’t cover these types of content:
+publicly-available factual information that you provide, such as corrections to the address of a local business. That information doesn’t require a license because it’s considered common knowledge that everyone’s free to use.
+feedback that you offer, such as suggestions to improve our services. Feedback is covered in the Service-related communications section below.
+Scope
+This license is:
+worldwide, which means it’s valid anywhere in the world
+non-exclusive, which means you can license your content to others
+royalty-free, which means there are no fees for this license
+Rights
+This license allows Google to:
+
+host, reproduce, distribute, communicate, and use your content — for example, to save your content on our systems and make it accessible from anywhere you go
+publish, publicly perform, or publicly display your content, if you’ve made it visible to others
+modify your content, such as reformatting or translating it
+sublicense these rights to:
+other users to allow the services to work as designed, such as enabling you to share photos with people you choose
+our contractors who’ve signed agreements with us that are consistent with these terms, only for the limited purposes described in the Purpose section below
+Purpose
+This license is for the limited purpose of:
+
+operating and improving the services, which means allowing the services to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyze your content:
+for spam, malware, and illegal content
+to recognize patterns in data, such as determining when to suggest a new album in Google Photos to keep related photos together
+to customize our services for you, such as providing recommendations and personalized search results, content, and ads (which you can change or turn off in Ads Settings)
+This analysis occurs as the content is sent, received, and when it is stored.
+using content you’ve shared publicly to promote the services. For example, to promote a Google app, we might quote a review you wrote. Or to promote Google Play, we might show a screenshot of the app you offer in the Play Store.
+developing new technologies and services for Google consistent with these terms
+Duration
+This license lasts for as long as your content is protected by intellectual property rights.
+
+If you remove from our services any content that’s covered by this license, then our systems will stop making that content publicly available in a reasonable amount of time. There are two exceptions:
+
+If you already shared your content with others before removing it. For example, if you shared a photo with a friend who then made a copy of it, or shared it again, then that photo may continue to appear in your friend’s Google Account even after you remove it from your Google Account.
+If you make your content available through other companies’ services, it’s possible that search engines, including Google Search, will continue to find and display your content as part of their search results.
+
+Using Google services
+Your Google Account
+If you meet these age requirements you can create a Google Account for your convenience. Some services require that you have a Google Account in order to work — for example, to use Gmail, you need a Google Account so that you have a place to send and receive your email.
+
+You’re responsible for what you do with your Google Account, including taking reasonable steps to keep your Google Account secure, and we encourage you to regularly use the Security Checkup.
+
+Using Google services on behalf of an organization or business
+Many organizations, such as businesses, non-profits, and schools, take advantage of our services. To use our services on behalf of an organization:
+an authorized representative of that organization must agree to these terms
+your organization’s administrator may assign a Google Account to you. That administrator might require you to follow additional rules and may be able to access or disable your Google Account.
+If you’re based in the European Union, then these terms don’t affect the rights you may have as a business user of online intermediation services — including online platforms such as Google Play — under the EU Platform-to-Business Regulation.
+Service-related communications
+To provide you with our services, we sometimes send you service announcements and other information. To learn more about how we communicate with you, see Google’s Privacy Policy.
+
+If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you.
+
+
+Content in Google services
+Your content
+Some of our services give you the opportunity to make your content publicly available — for example, you might post a product or restaurant review that you wrote, or you might upload a blog post that you created.
+
+See the Permission to use your content section for more about your rights in your content, and how your content is used in our services
+See the Removing your content section to learn why and how we might remove user-generated content from our services
+If you think someone is infringing your intellectual property rights, you can send us notice of the infringement and we’ll take appropriate action. For example, we suspend or close the Google Accounts of repeat copyright infringers as described in our Copyright Help Center.
+
+Google content
+Some of our services include content that belongs to Google — for example, many of the visual illustrations you see in Google Maps. You may use Google’s content as allowed by these terms and any service-specific additional terms, but we retain any intellectual property rights that we have in our content. Don’t remove, obscure, or alter any of our branding, logos, or legal notices. If you want to use our branding or logos, please see the Google Brand Permissions page.
+
+Other content
+Finally, some of our services give you access to content that belongs to other people or organizations — for example, a store owner’s description of their own business, or a newspaper article displayed in Google News. You may not use this content without that person or organization’s permission, or as otherwise allowed by law. The views expressed in other people or organizations’ content are theirs, and don’t necessarily reflect Google’s views.
+
+
+Software in Google services
+Some of our services include downloadable software. We give you permission to use that software as part of the services.
+
+The license we give you is:
+worldwide, which means it’s valid anywhere in the world
+non-exclusive, which means that we can license the software to others
+royalty-free, which means there are no fees for this license
+personal, which means it doesn’t extend to anyone else
+non-assignable, which means you’re not allowed to assign the license to anyone else
+Some of our services include software that’s offered under open source license terms that we make available to you. Sometimes there are provisions in the open source license that explicitly override parts of these terms, so please be sure to read those licenses.
+
+You may not copy, modify, distribute, sell, or lease any part of our services or software. Also, you may not reverse engineer or attempt to extract any of our source code unless you have our written permission or applicable law lets you do so.
+
+When a service requires or includes downloadable software, that software sometimes updates automatically on your device once a new version or feature is available. Some services let you adjust your automatic update settings.
+
+
+In case of problems or disagreements
+By law, you have the right to (1) a certain quality of service, and (2) ways to fix problems if things go wrong. These terms don’t limit or take away any of those rights. For example, if you’re a consumer, then you continue to enjoy all legal rights granted to consumers under applicable law.
+
+Warranty
+We provide our services using reasonable skill and care. If we don’t meet the quality level described in this warranty, you agree to tell us and we’ll work with you to try to resolve the issue.
+
+Disclaimers
+The only commitments we make about our services (including the content in the services, the specific functions of our services, or their reliability, availability, or ability to meet your needs) are (1) described in the Warranty section, (2) stated in the service-specific additional terms, or (3) provided under applicable laws. We don’t make any other commitments about our services.
+
+Liabilities
+For all users
+These terms only limit our responsibilities as allowed by applicable law. Specifically, these terms don’t limit Google’s liability for death or personal injury, fraud, fraudulent misrepresentation, gross negligence, or willful misconduct.
+
+Other than the rights and responsibilities described in this section (In case of problems or disagreements), Google won’t be responsible for any other losses, unless they’re caused by our breach of these terms or service-specific additional terms.
+
+For business users and organizations only
+If you’re a business user or organization, then to the extent allowed by applicable law:
+
+You’ll indemnify Google and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms or service-specific additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
+Google won’t be responsible for the following liabilities:
+loss of profits, revenues, business opportunities, goodwill, or anticipated savings
+indirect or consequential loss
+punitive damages
+Google’s total liability arising out of or relating to these terms is limited to the greater of (1) €500 or (2) 125% of the fees that you paid to use the relevant services in the 12 months before the breach
+If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms. For example, the United Nations enjoys certain immunities from legal obligations and these terms don’t override those immunities.
+
+Taking action in case of problems
+Before taking action as described below, we’ll provide you with advance notice when reasonably possible, describe the reason for our action, and give you an opportunity to fix the problem, unless we reasonably believe that doing so would:
+
+cause harm or liability to a user, third party, or Google
+violate the law or a legal enforcement authority’s order
+compromise an investigation
+compromise the operation, integrity, or security of our services
+Removing your content
+If we reasonably believe that any of your content (1) breaches these terms, service-specific additional terms or policies, (2) violates applicable law, or (3) could harm our users, third parties, or Google, then we reserve the right to take down some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, and content that infringes someone else’s intellectual property rights.
+
+Suspending or terminating your access to Google services
+Google reserves the right to suspend or terminate your access to the services or delete your Google Account if any of these things happen:
+
+you materially or repeatedly breach these terms, service-specific additional terms or policies
+we’re required to do so to comply with a legal requirement or a court order
+we reasonably believe that your conduct causes harm or liability to a user, third party, or Google — for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you
+If you believe your Google Account has been suspended or terminated in error, you can appeal.
+
+Of course, you’re always free to stop using our services at any time. If you do stop using a service, we’d appreciate knowing why so that we can continue improving our services.
+
+Handling requests for your data
+Respect for the privacy and security of your data underpins our approach to responding to data disclosure requests. When we receive data disclosure requests, our team reviews them to make sure they satisfy legal requirements and Google’s data disclosure policies. Google Ireland Limited accesses and discloses data, including communications, in accordance with the laws of Ireland, and EU law applicable in Ireland. For more information about the data disclosure requests that Google receives worldwide, and how we respond to such requests, see our Transparency Report and Privacy Policy.
+
+Settling disputes, governing law, and courts
+For information about how to contact Google, please visit our contact page.
+
+If you’re a resident of, or an organization based in, the European Economic Area (EEA) or Switzerland, these terms and your relationship with Google under these terms and service-specific additional terms, are governed by the laws of your country of residence, and you can file legal disputes in your local courts.
+
+If you’re a consumer living in the EEA, you may also file disputes regarding online purchases using the European Commission’s Online Dispute Resolution platform, which we accept if required by law.
+
+
+About these terms
+By law, you have certain rights that can’t be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights.
+
+These terms describe the relationship between you and Google. They don’t create any legal rights for other people or organizations, even if others benefit from that relationship under these terms.
+
+We want to make these terms easy to understand, so we’ve used examples from our services. But not all services mentioned may be available in your country.
+
+If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.
+
+If you don’t follow these terms or the service-specific additional terms, and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.
+
+We may update these terms and service-specific additional terms (1) to reflect changes in our services or how we do business — for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
+
+If we materially change these terms or service-specific additional terms, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove your content and stop using the services. You can also end your relationship with us at any time by closing your Google Account.

sample-terms-and-conditions/kaggle.txt

@@ -0,0 +1,302 @@
+Terms
+We’re updating our Terms of Use on December 29, 2021 to help clarify and make it easier to understand what to expect as you use the service. Until then, these existing Terms continue to apply. See a preview of the upcoming Terms below.
+
+PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
+
+Terms of Use
+
+Effective Date: October 7, 2021
+
+Welcome to Kaggle. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us. These Terms of Use (the “Terms”) are a binding contract between you and Kaggle Inc. (“Kaggle,” “we” and “us”). Kaggle is organized under the laws of the State of Delaware, USA, and has offices located at 1600 Amphitheatre Parkway, Mountain View, California 94043 USA. You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy, Copyright Dispute Policy and the Community Guidelines. In these Terms, the words “include” or “including” mean “including but not limited to”, and examples are for illustration purposes and are not limiting.
+
+Will these Terms ever change?
+We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the www.kaggle.com website, by sending you an email, or by some other means. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
+
+Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
+
+What about my privacy?
+Kaggle takes the privacy of its users very seriously. For the current Kaggle Privacy Policy, please click here.
+
+What are the basics of using Kaggle?
+You may be required to sign up for an account, and select a password and username (“Kaggle User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Kaggle User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You also may not have, control, or operate under more than one active Kaggle account or Kaggle User ID. If we determine that you have, control, or are operating under more than one Kaggle account or Kaggle User ID, we may take action without notice, including banning your user account, revoking access to your Kaggle User ID, and disqualifying you from any ongoing Competition(s).
+
+If you are not of legal age to form a binding contract, please see “Our Commitment to Children’s Privacy” in the Privacy Policy and contact us at Kaggle Support for more information on the parental consent process.
+
+If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity), but you are still required to sign up each individual user from your organization with a Kaggle User ID. You are not allowed to allow multiple individuals to operate under one Kaggle User ID, even if you are an organization or entity.
+
+You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We are not responsible if you use the Services in a way that breaks the law.
+
+You will keep all your registration information accurate and current. You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
+
+Are there any additional restrictions on my use of the Services?
+Yes. Unless otherwise specified in writing by Kaggle, Kaggle does not intend uses of the Services to create obligations under the Health Insurance Portability and Accountability Act of 1996 as it may be amended from time to time, and any regulations issued under it (“HIPAA”), and makes no representations that the Services satisfy HIPAA requirements. If you are or become a Covered Entity or Business Associate, as defined in HIPAA, you will not use the Services for any purpose or in any manner involving Protected Health Information (as defined in HIPAA) unless you have received prior written consent for such use from Kaggle.
+
+You represent, warrant, and agree that you will not contribute any Content or User Submission or otherwise use the Services or interact with the Services in a manner that:
+
+Violates the Acceptable Use Policy, available at www.kaggle.com/aup;
+Is harmful, threatening, harassing, defamatory, obscene, or otherwise objectionable;
+“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
+Copies or stores any significant portion of the Content;
+Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
+Processes or stores any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State.
+Engages in cryptomining or otherwise encourages, requests or allows any form of cryptomining.
+Without limitation to any other remedies available to Kaggle, a violation of any of the foregoing is grounds for termination of your right to use or access the Services. We reserve the right to remove any Content or User Submissions from the Services at any time, for any reason (including if someone alleges you contributed that Content in violation of these Terms), and without notice.
+
+What are my rights in Kaggle?
+The materials displayed or performed or available on or through the Services, including text, graphics, data, articles, photos, images, illustrations, and User Submissions (collectively, the “Content”), are protected by copyright and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Kaggle’s) rights.
+
+You understand that Kaggle owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
+
+The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply — they do!
+
+A notice for U.S. Federal Agency Users: The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable Federal Acquisition Regulations and their agency supplements.
+
+If you’re an EEA-based consumer of digital content or services and you’ve agreed to these Terms, then EEA consumer laws provide you with a legal guarantee. Under this guarantee, we’re liable for any lack of conformity that you discover:
+within two years of the one-time supply of digital content or services; or
+at any time during the “continuous” supply of digital content or services.
+Your national laws may provide an even longer guarantee. Your rights under these legal guarantees aren’t limited by any other commercial guarantees that we provide. If you want to make a guarantee claim, please contact customer support support@kaggle.com.
+
+Who is responsible for what I see and do on the Services?
+Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. We aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
+
+You are responsible for all Content you contribute to the Services, and you represent and warrant you have all rights necessary to do so.
+
+The Services may contain links, information or connections to third party websites or services that are not owned or controlled by Kaggle. When you access third party websites or engage with third party services, you accept that there are risks in doing so, and that Kaggle is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and privacy policy of each third party website or service that you visit or utilize.
+
+Kaggle has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Kaggle will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
+
+Your interactions with organizations or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Kaggle will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
+
+If there is a dispute between participants on this site, or between users and any third party, you agree that Kaggle is under no obligation to become involved. If you have a dispute with one or more other users, you release Kaggle, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or our Services. If you are a California resident, you are expressly waiving California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
+
+What are the rules for competitions on Kaggle?
+Subject to these Terms and any contract with Kaggle, a user may post (“Host User”) a skills-based competition or challenge on the Services (“Competition”) for other users to participate in such Competition (“Participant User”). Competitions are subject to separate Competition Rules (defined below) that are established by the Host User. Competitions, except as related to Simulations, exclude games of chance. You may not use or attempt to use the Service to host any such game of chance. Competitions are open to residents of the United States and worldwide, except if you are a resident of Crimea, Cuba, Iran, Syria, North Korea, Sudan, or any other place prohibited by law you may not enter any Competition. Certain Competitions may also have further geographic or age restrictions and be open only to residents of certain countries.
+
+If you would like to host a Competition on Kaggle, go to https://www.kaggle.com/host. Competitions are run according to rules that describe participation guidelines, the data set(s) to be used by the Participant Users, the criteria used by the Host User to select a winner of the Competition (the “Metric”), the prize awarded to such winner, and when such prize will be awarded. Such rules and selection criteria must comply with all applicable laws and these Terms (collectively, “Competition Rules”). Such Competition Rules will also include how and when a Participant User must submit Competition Entries (defined below) and the rights the Host User will be granted in such Competition Entry upon selecting such Competition Entry as the winner (“Winning Entry”). The Host User will be granted rights in the Competition Entry only if the winner accepts payment of the prize. Certain rights granted in the Competition Entries and Winning Entries are described in Section 9 (Do I have to grant any licenses to Kaggle or to other users?) below. The Competition Rules may impose additional restrictions or requirements for Competitions.
+
+The Host User must conspicuously display the Metric within the Competition Rules. The Host User must select an objective Metric and must apply that Metric impartially to each Team’s (defined below) selected entries. In selecting a winner, the Host User must apply the Metric and select the Participant Users with the best rankings based on the Metric.
+
+The Host User and each Participant User will comply with all Competition Rules. The Host User (including any user from Host User’s organization) may not compete in its hosted Competition nor cancel a Competition without first contacting us and receiving our consent to such cancellation. Any participation by a Host User (or any user from Host User’s organization) in its hosted Competitions is done so on an ineligible basis (e.g. they cannot receive a prize) and will not otherwise affect the selection of the Winning Entry.
+
+Subject to the Competition Rules, Participant Users may collaborate as a team as long as each such Participant User confirms its team membership through the Service and does not participate on more than one team for a specific Competition (“Team”). To be clear, you may not participate on more than one team per Competition. Subject to the Competition Rules, Teams may, however, merge with other Teams, but the merged Team will be responsible for all past entries by the component Teams. If your Team wins a Competition, the prize for winning will be distributed equally amongst the members of the winning Team, unless we receive identical requests for unequal prize splits from every member of the Team.
+
+You may be a Host User or a Participant User for a specific Competition (but not both!). A Competition creates a direct relationship between a Host User and a Participant User, and Kaggle will have no liability for any actions or content of a Host User or a Participant User. Kaggle may provide a Host User with a template for the Competition Rules, but such template is provided without any warranty whatsoever and the Host User is solely responsible for its Competition Rules. It is the sole responsibility of the Host User to ensure that the Competition Rules comply with applicable law.
+
+You acknowledge and agree that Kaggle may, without any liability but without any obligation to do so, remove or disqualify a Participant User, a Host User or a Competition if Kaggle believes that such Participant User, Competition or Host User are in violation these Terms or otherwise pose a risk to Kaggle, the Service or another user of the Service.
+
+Regardless of anything to the contrary, Participant Users acknowledge and agree that Kaggle and Host Users have no obligation to hold a Competition Entry in confidence or otherwise restrict their activities based on receipt of such Competition Entry. Kaggle has no obligation to become involved in disputes between users (for example, between a Participant User and a Host User) or between users and any third party relating the use of the Services. Except for Kaggle hosted Competitions, Kaggle does not oversee Competitions (including the selection of Winning Entries) and does not endorse any content users submit to the Services. When you host or participate in a Competition, you release Kaggle from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access or submit via the Services is at your own risk. You are solely responsible for any resulting damage or loss to any party.
+
+What are Environments?
+Users may upload agents to the Services. An “Environment” will accept the agent’s actions and generate a new state. An episode is an Environment running one or more agents until done. The agent’s activity in an episode may be available for viewing and download.
+
+Each Environment may be subject to additional rules, for example, describing how many agents are needed to participate in an episode, how an agent’s performance is better or worse, and the final outcome needed for an episode to be done. Each episode may be part of a larger grouping of multiple episodes, for example as part of a Competition, but an Environment by itself is not a Competition. Kaggle will use a predetermined ranking and matching algorithm to determine the order and frequency at which a user’s agent participates in an episode, as well as the number of ranking points associated with the result of that episode. The rules for the Environment and Competition will be made accessible to the user.
+
+Do I have to grant any licenses to Kaggle or to other users?
+Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable or downloadable by other users. To display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personal information.
+
+For all User Submissions, you grant Kaggle a license to translate, modify (for technical purposes, for example making sure your content is viewable on a mobile device as well as a computer), distribute and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. You acknowledge and agree that Kaggle, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of communication networks, devices, services, or media, and the licenses you grant under these Terms include the rights to do so. You also agree that all of the licenses you grant under these Terms are royalty-free, perpetual, irrevocable, and worldwide. These are licenses only — your ownership in User Submissions is not affected.
+
+If you store a User Submission in your own personal Kaggle account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Kaggle the license stated in the second paragraph of this Section 9, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so. If you share a User Submission in a manner that only allows certain specified users to view it (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant Kaggle the license stated in the second paragraph of this Section 9, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
+
+If you share a User Submission publicly on the Services or in a manner that allows more than just you or certain specified users to view it (such as a Dataset), or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, or feature requests relating to the Services (each a “Public User Submission”), then you grant Kaggle the license stated in the second paragraph of this Section 9, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Kaggle users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services for any purpose. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
+
+If you are a Participant User and submit an entry to a Competition (“Competition Entry”), then you grant Kaggle the license stated in the second paragraph of this Section 9, as well as a license to display, perform, and distribute your Competition Entry for the purpose of making that Competition Entry accessible to the Host User, making that Competition Entry available to other Kaggle users as a Dataset, and providing the Services necessary to do so. Also, you grant such Host User a limited license to access and use the Competition Entry solely for the purposes of evaluating the Competition Entry under the Competition Rules and as otherwise stated in the Competition Rules. If you win a Competition, your Competition Entry for such Competition will be subject to further licensing as stated in the Competition Rules, but other than the limited licenses stated in these Terms, the intellectual property rights in your Competition Entries will not be transferred or licensed to the Competition Sponsor or Host User unless you accept the payment of the applicable prize stated in the applicable Competition Rules.
+
+If you and Kaggle agree (separate from these Terms) that Kaggle will assist you in setting up and managing your Competition, then in addition to the licenses stated above you also grant Kaggle a royalty-free, perpetual, irrevocable, and worldwide license to set up and manage your Competition, including your User Submissions for the Competition. Kaggle will have no liability regarding the applicable Competition, Content or User Submissions and these Terms will apply, except if you and Kaggle have executed a separate written agreement governing competitions or services ("Existing Agreement"), in which case the Existing Agreement will govern the Competition.
+
+What if I see something on the Services that infringes my copyright?
+You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Kaggle, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.
+
+Will Kaggle ever change the Services?
+We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical.
+
+Does Kaggle cost anything?
+The Kaggle Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
+
+Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please see our Paid Services page for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
+
+Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period to avoid being charged for that Paid Service. If you cancel before the end of the trial period and are inadvertently charged for a Paid Service, please contact us through Kaggle Support.
+
+What if I want to stop using Kaggle?
+If you do not have any active Competitions that you are hosting, then you’re free to stop using the Service at any time; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. If you are hosting active Competitions then you should complete the Competitions, in full, before you stop using the Services.
+
+Kaggle is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Kaggle has the sole right to decide whether you are in violation of any of the restrictions in these Terms.
+
+Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
+
+Provisions that, by their nature, should survive termination of these Terms will survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
+
+What else do I need to know?
+Warranty Disclaimer. Neither Kaggle nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services (including Competitions), and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Kaggle or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY KAGGLE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
+
+Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) WILL KAGGLE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO KAGGLE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
+
+Indemnity. To the fullest extent allowed by applicable law, you will defend, indemnify and hold Kaggle, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims (including from other users) relating to (a) your submissions to the Services including any Content, User Submissions or Competitions, (b) your use of the Services (including any actions taken by a third party using your account), and (c) your violation of these Terms.
+
+Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Kaggle’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
+
+About These Terms
+These Terms control the relationship between Kaggle and you. They do not create any third party beneficiary rights.
+
+If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
+
+If it turns out that a particular term is not enforceable, this will not affect any other part of the Terms.
+
+The laws of California, USA, excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Kaggle consent to personal jurisdiction in those courts.
+
+Preview Terms
+Below is a preview of our updated Terms of Use that takes effect on December 29, 2021. Until then, the existing Terms of Use continue to apply.
+
+PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
+
+Terms of Use
+
+Effective Date: December 29, 2021
+
+Welcome to Kaggle. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us. These Terms of Use (the “Terms”) are a binding contract between you and Kaggle Inc. (“Kaggle,” “we” and “us”). Kaggle is organized under the laws of the State of Delaware, USA, and has offices located at 1600 Amphitheatre Parkway, Mountain View, California 94043 USA. You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy, Copyright Dispute Policy and the Community Guidelines. In these Terms, the words “include” or “including” mean “including but not limited to”, and examples are for illustration purposes and are not limiting.
+
+Will these Terms ever change?
+We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the www.kaggle.com website, by sending you an email, or by some other means. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
+
+Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
+
+What about my privacy?
+Kaggle takes the privacy of its users very seriously. For the current Kaggle Privacy Policy, please click here.
+
+What are the basics of using Kaggle?
+You may be required to sign up for an account, and select a password and username (“Kaggle User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Kaggle User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You also may not have, control, or operate under more than one active Kaggle account or Kaggle User ID. If we determine that you have, control, or are operating under more than one Kaggle account or Kaggle User ID, we may take action without notice, including banning your user account, revoking access to your Kaggle User ID, and disqualifying you from any ongoing Competition(s).
+
+If you are not of legal age to form a binding contract, please see “Our Commitment to Children’s Privacy” in the Privacy Policy and contact us at Kaggle Support for more information on the parental consent process.
+
+If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity), but you are still required to sign up each individual user from your organization with a Kaggle User ID. You are not allowed to allow multiple individuals to operate under one Kaggle User ID, even if you are an organization or entity.
+
+You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We are not responsible if you use the Services in a way that breaks the law.
+
+You will keep all your registration information accurate and current. You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
+
+Are there any additional restrictions on my use of the Services?
+Yes. Unless otherwise specified in writing by Kaggle, Kaggle does not intend uses of the Services to create obligations under the Health Insurance Portability and Accountability Act of 1996 as it may be amended from time to time, and any regulations issued under it (“HIPAA”), and makes no representations that the Services satisfy HIPAA requirements. If you are or become a Covered Entity or Business Associate, as defined in HIPAA, you will not use the Services for any purpose or in any manner involving Protected Health Information (as defined in HIPAA) unless you have received prior written consent for such use from Kaggle.
+
+You represent, warrant, and agree that you will not contribute any Content or User Submission or otherwise use the Services or interact with the Services in a manner that:
+
+Violates the Acceptable Use Policy, available at www.kaggle.com/aup;
+Is harmful, threatening, harassing, defamatory, obscene, or otherwise objectionable;
+“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
+Copies or stores any significant portion of the Content;
+Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
+Processes or stores any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State.
+Engages in cryptomining or otherwise encourages, requests or allows any form of cryptomining.
+Without limitation to any other remedies available to Kaggle, a violation of any of the foregoing is grounds for termination of your right to use or access the Services. We reserve the right to remove any Content or User Submissions from the Services at any time, for any reason (including if someone alleges you contributed that Content in violation of these Terms), and without notice.
+
+What are my rights in Kaggle?
+The materials displayed or performed or available on or through the Services, including text, graphics, data, articles, photos, images, illustrations, and User Submissions (collectively, the “Content”), are protected by copyright and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Kaggle’s) rights.
+
+You understand that Kaggle owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
+
+The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply — they do!
+
+A notice for U.S. Federal Agency Users: The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable Federal Acquisition Regulations and their agency supplements.
+
+If you’re an EEA-based consumer of digital content or services and you’ve agreed to these Terms, then EEA consumer laws provide you with a legal guarantee. Under this guarantee, we’re liable for any lack of conformity that you discover:
+within two years of the one-time supply of digital content or services; or
+at any time during the “continuous” supply of digital content or services.
+Your national laws may provide an even longer guarantee. Your rights under these legal guarantees aren’t limited by any other commercial guarantees that we provide. If you want to make a guarantee claim, please contact customer support support@kaggle.com.
+
+Who is responsible for what I see and do on the Services?
+Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. We aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
+
+You are responsible for all Content you contribute to the Services, and you represent and warrant you have all rights necessary to do so.
+
+The Services may contain links, information or connections to third party websites or services that are not owned or controlled by Kaggle. When you access third party websites or engage with third party services, you accept that there are risks in doing so, and that Kaggle is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and privacy policy of each third party website or service that you visit or utilize.
+
+Kaggle has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Kaggle will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
+
+Your interactions with organizations or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Kaggle will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
+
+If there is a dispute between participants on this site, or between users and any third party, you agree that Kaggle is under no obligation to become involved. If you have a dispute with one or more other users, you release Kaggle, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or our Services. If you are a California resident, you are expressly waiving California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
+
+What are the rules for competitions on Kaggle?
+Subject to these Terms and any contract with Kaggle, a user may post (“Host User”) a skills-based competition or challenge on the Services (“Competition”) for other users to participate in such Competition (“Participant User”). Competitions are subject to separate Competition Rules (defined below) that are established by the Host User. Competitions, except as related to Simulations, exclude games of chance. You may not use or attempt to use the Service to host any such game of chance. Competitions are open to residents of the United States and worldwide, except if you are a resident of Crimea, Cuba, Iran, Syria, North Korea, Sudan, or any other place prohibited by law you may not enter any Competition. Certain Competitions may also have further geographic or age restrictions and be open only to residents of certain countries.
+
+If you would like to host a Competition on Kaggle, go to https://www.kaggle.com/host. Competitions are run according to rules that describe participation guidelines, the data set(s) to be used by the Participant Users, the criteria used by the Host User to select a winner of the Competition (the “Metric”), the prize awarded to such winner, and when such prize will be awarded. Such rules and selection criteria must comply with all applicable laws and these Terms (collectively, “Competition Rules”). Such Competition Rules will also include how and when a Participant User must submit Competition Entries (defined below) and the rights the Host User will be granted in such Competition Entry upon selecting such Competition Entry as the winner (“Winning Entry”). The Host User will be granted rights in the Competition Entry only if the winner accepts payment of the prize. Certain rights granted in the Competition Entries and Winning Entries are described in Section 9 (Do I have to grant any licenses to Kaggle or to other users?) below. The Competition Rules may impose additional restrictions or requirements for Competitions.
+
+The Host User must conspicuously display the Metric within the Competition Rules. The Host User must select an objective Metric and must apply that Metric impartially to each Team’s (defined below) selected entries. In selecting a winner, the Host User must apply the Metric and select the Participant Users with the best rankings based on the Metric.
+
+The Host User and each Participant User will comply with all Competition Rules. The Host User (including any user from Host User’s organization) may not compete in its hosted Competition nor cancel a Competition without first contacting us and receiving our consent to such cancellation. Any participation by a Host User (or any user from Host User’s organization) in its hosted Competitions is done so on an ineligible basis (e.g. they cannot receive a prize) and will not otherwise affect the selection of the Winning Entry.
+
+Subject to the Competition Rules, Participant Users may collaborate as a team as long as each such Participant User confirms its team membership through the Service and does not participate on more than one team for a specific Competition (“Team”). To be clear, you may not participate on more than one team per Competition. Subject to the Competition Rules, Teams may, however, merge with other Teams, but the merged Team will be responsible for all past entries by the component Teams. If your Team wins a Competition, the prize for winning will be distributed equally amongst the members of the winning Team, unless we receive identical requests for unequal prize splits from every member of the Team.
+
+You may be a Host User or a Participant User for a specific Competition (but not both!). A Competition creates a direct relationship between a Host User and a Participant User, and Kaggle will have no liability for any actions or content of a Host User or a Participant User. Kaggle may provide a Host User with a template for the Competition Rules, but such template is provided without any warranty whatsoever and the Host User is solely responsible for its Competition Rules. It is the sole responsibility of the Host User to ensure that the Competition Rules comply with applicable law.
+
+You acknowledge and agree that Kaggle may, without any liability but without any obligation to do so, remove or disqualify a Participant User, a Host User or a Competition if Kaggle believes that such Participant User, Competition or Host User are in violation these Terms or otherwise pose a risk to Kaggle, the Service or another user of the Service.
+
+Regardless of anything to the contrary, Participant Users acknowledge and agree that Kaggle and Host Users have no obligation to hold a Competition Entry in confidence or otherwise restrict their activities based on receipt of such Competition Entry. Kaggle has no obligation to become involved in disputes between users (for example, between a Participant User and a Host User) or between users and any third party relating the use of the Services. Except for Kaggle hosted Competitions, Kaggle does not oversee Competitions (including the selection of Winning Entries) and does not endorse any content users submit to the Services. When you host or participate in a Competition, you release Kaggle from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access or submit via the Services is at your own risk. You are solely responsible for any resulting damage or loss to any party.
+
+What are Environments?
+Users may upload agents to the Services. An “Environment” will accept the agent’s actions and generate a new state. An episode is an Environment running one or more agents until done. The agent’s activity in an episode may be available for viewing and download.
+
+Each Environment may be subject to additional rules, for example, describing how many agents are needed to participate in an episode, how an agent’s performance is better or worse, and the final outcome needed for an episode to be done. Each episode may be part of a larger grouping of multiple episodes, for example as part of a Competition, but an Environment by itself is not a Competition. Kaggle will use a predetermined ranking and matching algorithm to determine the order and frequency at which a user’s agent participates in an episode, as well as the number of ranking points associated with the result of that episode. The rules for the Environment and Competition will be made accessible to the user.
+
+Do I have to grant any licenses to Kaggle or to other users?
+Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable or downloadable by other users. To display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personal information.
+
+For all User Submissions, you grant Kaggle a license to translate, modify (for technical purposes, for example making sure your content is viewable on a mobile device as well as a computer), distribute and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. You acknowledge and agree that Kaggle, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of communication networks, devices, services, or media, and the licenses you grant under these Terms include the rights to do so. You also agree that all of the licenses you grant under these Terms are royalty-free, perpetual, irrevocable, and worldwide. These are licenses only — your ownership in User Submissions is not affected.
+
+If you store a User Submission in your own personal Kaggle account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Kaggle the license stated in the second paragraph of this Section 9, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so. If you share a User Submission in a manner that only allows certain specified users to view it (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant Kaggle the license stated in the second paragraph of this Section 9, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
+
+If you share a User Submission publicly on the Services or in a manner that allows more than just you or certain specified users to view it (such as a Dataset), or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, or feature requests relating to the Services (each a “Public User Submission”), then you grant Kaggle the license stated in the second paragraph of this Section 9, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Kaggle users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services for any purpose. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
+
+If you are a Participant User and submit an entry to a Competition (“Competition Entry”), then you grant Kaggle the license stated in the second paragraph of this Section 9, as well as a license to display, perform, and distribute your Competition Entry for the purpose of making that Competition Entry accessible to the Host User, making that Competition Entry available to other Kaggle users as a Dataset, and providing the Services necessary to do so. Also, you grant such Host User a limited license to access and use the Competition Entry solely for the purposes of evaluating the Competition Entry under the Competition Rules and as otherwise stated in the Competition Rules. If you win a Competition, your Competition Entry for such Competition will be subject to further licensing as stated in the Competition Rules, but other than the limited licenses stated in these Terms, the intellectual property rights in your Competition Entries will not be transferred or licensed to the Competition Sponsor or Host User unless you accept the payment of the applicable prize stated in the applicable Competition Rules.
+
+If you and Kaggle agree (separate from these Terms) that Kaggle will assist you in setting up and managing your Competition, then in addition to the licenses stated above you also grant Kaggle a royalty-free, perpetual, irrevocable, and worldwide license to set up and manage your Competition, including your User Submissions for the Competition. Kaggle will have no liability regarding the applicable Competition, Content or User Submissions and these Terms will apply, except if you and Kaggle have executed a separate written agreement governing competitions or services ("Existing Agreement"), in which case the Existing Agreement will govern the Competition.
+
+What if I see something on the Services that infringes my copyright?
+You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Kaggle, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.
+
+Will Kaggle ever change the Services?
+We’re always trying to improve the Services, so they may change over time.
+
+As part of the continual evolution of our Services, we make modifications such as adding or removing features and functionalities, increasing or decreasing usage limits, and offering new digital content or services or discontinuing old ones. We may also change our Service for these other reasons:
+
+to adapt to new technologies
+to reflect increases or decreases in the number of people who use a particular service
+to respond to key changes in the licenses and partnerships we have with others
+to prevent abuse or harm
+to address legal, regulatory, or security issues
+In particular, we sometimes make legally-required updates, which are modifications that keep digital content or services in conformity with the law. We make these updates to our Services, and goods for safety or security reasons, and to make sure they meet the quality standards that you expect, such as those described in our guarantee. We may automatically install updates that address significant safety or security risks. For other updates, you can choose whether you want them installed.
+
+If a modification negatively affects your ability to access or use our Services, or if we stop offering a service all together, we’ll provide you with reasonable advance notice by email, including a description of the changes, when they’ll take place, and your right to end your contract with us if our modifications create more than a minor negative impact. We maintain a rigorous product research program, so before we change or stop offering a service, we carefully consider your interests as a user, your reasonable expectations, and the potential impact on you and others. We only change or stop offering services for valid reasons. We’ll also give you an opportunity to export your content from your Account at Kaggle Support, except in urgent situations such as preventing abuse or harm, responding to legal requirements, or addressing security and operability issues.
+
+Does Kaggle cost anything?
+The Kaggle Services may be available at no cost or we may charge a monetary fee for using the Services. If you are using a no-cost version of the Services, we will notify you before any Services you are then using begin carrying a monetary fee, and if you wish to continue using such Services, you must pay all applicable monetary fees for such Services.
+
+Certain of our Services may be subject to monetary payments now or in the future (the “Paid Services”). Please see our Paid Services page for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
+
+Any no-cost trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period to avoid being charged for that Paid Service. If you cancel before the end of the trial period and are inadvertently charged for a Paid Service, please contact us through Kaggle Support.
+
+What if I want to stop using Kaggle?
+If you do not have any active Competitions that you are hosting, then you’re free to stop using the Service at any time; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. If you are hosting active Competitions then you should complete the Competitions, in full, before you stop using the Services.
+
+Kaggle is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Kaggle has the sole right to decide whether you are in violation of any of the restrictions in these Terms.
+
+Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
+
+Provisions that, by their nature, should survive termination of these Terms will survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
+
+What else do I need to know?
+Warranty Disclaimer. Neither Kaggle nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services (including Competitions), and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Kaggle or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY KAGGLE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
+
+Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) WILL KAGGLE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO KAGGLE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
+
+Indemnity. To the fullest extent allowed by applicable law, you will defend, indemnify and hold Kaggle, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims (including from other users) relating to (a) your submissions to the Services including any Content, User Submissions or Competitions, (b) your use of the Services (including any actions taken by a third party using your account), and (c) your violation of these Terms.
+
+Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Kaggle’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
+
+About These Terms
+These Terms control the relationship between Kaggle and you. They do not create any third party beneficiary rights.
+
+If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
+
+If it turns out that a particular term is not enforceable, this will not affect any other part of the Terms.
+
+The laws of California, USA, excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Kaggle consent to personal jurisdiction in those courts.

sample-terms-and-conditions/khanacademy.txt

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+Khan Academy Terms of Service
+Last Updated: August 1, 2019
+
+Welcome, and thank you for your interest in Khan Academy, Inc., a 501(c)(3) organization ("Khan Academy," "we," "us," or "our"), which operates the web site located at http://khanacademy.org (the "Website") and related application programming interfaces ("APIs"), mobile applications and online services, including, but not limited to, the Duck Duck Moose website and related applications, any Downloadable Content (as defined below), and any other products and services that Company may provide now or in the future (collectively, the "Services"). The following Terms of Service are a legal contract between you ("you" and "your") and Khan Academy regarding your use of the Services. Visitors and users of the Services are referred to individually as "User" and collectively as "Users".
+
+PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE KHAN ACADEMY PRIVACY POLICY AND ANY ADDITIONAL GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY, THE "TERMS").
+
+IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD'S USE OF THE WEBSITE. IF YOU ARE SCHOOL PERSONNEL (AS DEFINED BELOW) AND YOU REGISTER A SCHOOL USER (AS DEFINED BELOW), YOU AGREE, ON BEHALF OF YOUR INSTITUTION, THAT THE SCHOOL USER IS BOUND BY THE TERMS, UNLESS YOUR INSTITUTION HAS A SEPARATE WRITTEN SERVICE AGREEMENT WITH KHAN ACADEMY THAT ACCEPTS THESE TERMS ON BEHALF OF SCHOOL USERS.
+
+PLEASE NOTE THAT THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER. BY AGREEING TO BINDING ARBITRATION, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
+
+Table of Contents:
+1. Eligibility; Accounts.
+2. Privacy Policy.
+3. API Terms; Other Guidelines.
+4. Modification of the Terms.
+5. User Content License Grant.
+6. Digital Millennium Copyright Act.
+7. Proprietary Materials; Licenses.
+8. Prohibited Conduct.
+9. Third-Party Sites, Products and Services; Links.
+10. Term and Termination.
+11. Representations and Warranties.
+12. Indemnification.
+13. Disclaimers; No Warranties.
+14. Limitation of Liability and Damages.
+15. Miscellaneous (including Dispute Resolution and Arbitration).
+1. Eligibility; Accounts. THE WEBSITE IS NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY KHAN ACADEMY OR (B) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN (OR, FOR SCHOOL ACCOUNTS, BY SCHOOL PERSONNEL AS PERMITTED UNDER THE TERMS).
+1.1 By clicking the "I Agree" button or by otherwise using or registering an account for the Services, you represent that (i) you are a US resident at least 13 years of age, or (ii) you are not a US resident, and are of legal age of consent to open an account under the laws of your country of residence, or (iii) your use of the Services has been approved by your parent or legal guardian, or by your school or teacher for school use. You also represent that you have not been previously suspended or removed from the Services by Khan Academy, and that your registration and your use of the Services is in compliance with any and all applicable laws.
+1.2 Account. In order to use certain features of the Services, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Khan Academy, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify Khan Academy at khan.co/KA-support. You may be liable for the losses incurred by Khan Academy or others due to any unauthorized use of your Services account.
+1.3 Integrated Service. Khan Academy may permit you to register for the Services through, or otherwise associate your Khan Academy account with, certain third party social networking or integrated services, such as Facebook Connect and Google ("Integrated Service"). By registering for the Services using (or otherwise granting access to) an Integrated Service, you agree that Khan Academy may access your Integrated Service's account information, and may store and use certain information already associated with the Integrated Service consistent with our Privacy Policy, and you agree to any and all terms and conditions of the Integrated Service regarding your use of the Services via the Integrated Service. You may revoke Khan Academy's access to your account on any Integrated Service at any time by updating the appropriate account settings of the respective Integrated Service. You should check your privacy settings on each Integration Service to understand and change the information sent to us through each Integration Service. You agree that any Integrated Service is a Reference Site (as defined below) and you are solely responsible for your interactions with the Integrated Service as a result of accessing the Services through the Integrated Service. Khan Academy does not control the practices of Integrated Services, and you are advised to read the Privacy Policy and terms and conditions of any Integrated Service that you use to understand their practices.
+1.4 Child User. If you are under the age of 13 (a "Child User"), you may not create or register an account for the Services without consent and approval from your legal parent or guardian, or from your school as provided in Section 1.6 ("School Use"). If you are under the age of 18, you represent that your parent or legal guardian has reviewed and agreed to the Terms on your behalf. Except for accounts created for School Use as provided in Section 1.6, a Child User that begins the registration process for himself or herself without a Parent User (as defined below) may have the registration process restricted until a parent approves or assumes responsibility for the Child User account. A Child User may use the Services if registered through certain educational organizations or, in certain cases, by School Personnel that have entered into a relationship directly with Khan Academy, so long as the education organization has obtained parent or guardian consent, or has complied with an exemption to parent consent requirements under applicable law. A Child User will only be permitted to use the Services for so long as Khan Academy reasonably believes that such access has been consented to by the Child User's parent or guardian, or by School Consent (as discussed in Section 1.6, "School Use").
+1.5 Parent User. If you are at least 18 years of age and you are the legal parent or guardian of a child that seeks to register as a Child User of the Services, you may register a parent account on the Services ("Parent User"). Through a Parent User account, you may create, register, manage and approve Child User accounts only for your own child(ren) or child(ren) for whom you are a legal guardian. IF YOU REGISTER, APPROVE OR CONSENT TO THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER'S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. You acknowledge that Khan Academy may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Khan Academy deems necessary to validate your registration information, including without limitation engaging third parties to provide verification services. Khan Academy reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT KHAN ACADEMY CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND KHAN ACADEMY IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER'S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER OR OTHER PARTY DURING REGISTRATION IS SUCH CHILD USER'S ACTUAL PARENT OR GUARDIAN. A Parent User account, along with all associated Child User accounts, may be terminated by Khan Academy at any time and without warning for any failure to abide by these Terms.
+1.6 School Use. Khan Academy may make available certain features and tools that permit Users registered as teachers, school leaders, aides, or other similar school personnel ("School Personnel") to work with students and other Users through the Services in order to provide such students with tutorial, educational and other education-related services as part of the school's curriculum, and to review and evaluate educational achievement and progress of such students. If you are School Personnel accessing the Services on behalf of a school, school district, or other similar educational institution (an "Institution"), the following terms apply to you:
+(a) Limitations on Use. The Services and Website are provided to you for educational purposes as part of the school curriculum. You must use the Services and the Website in compliance with all applicable laws, rules, and regulations. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose, any portion of the Services, the Website, or access to the Services or Website.
+(b) Responsibility for Consent and Notices. You and/or the Institution assume sole responsibility for obtaining any consents required from parents or guardians, and for providing appropriate disclosures to School Users and their parents regarding the School Users' use of the Services, our Terms, and our Privacy Policy. You agree to be bound by these Terms on behalf of the School User, for so long as the School User account is not transferred to or assumed by a valid Parent User account or personal account for a Student of eligible age. IF YOU ARE SCHOOL PERSONNEL AND YOU REGISTER AN ACCOUNT FOR A CHILD USER OR OTHER STUDENT (EITHER, A "SCHOOL USER") OR DIRECT A SCHOOL USER TO CREATE AN ACCOUNT FOR SCHOOL USE, YOU REPRESENT AND WARRANT THAT YOU HAVE EITHER RECEIVED EXPRESS CONSENT FROM SUCH SCHOOL USER'S PARENT OR LEGAL GUARDIAN OR THAT YOU (OR YOUR INSTITUTION) HAVE COMPLIED AND WILL COMPLY WITH ALL APPLICABLE REQUIREMENTS OF AN EXEMPTION FROM OR EXCEPTION TO PARENTAL CONSENT REQUIREMENTS, NECESSARY FOR YOU TO REGISTER THE SCHOOL USER FOR THE WEBSITE AND PROVIDE TO KHAN ACADEMY THE INFORMATION YOU DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH SCHOOL USER. Specifically you agree, individually and on behalf of the Institution, that:
+(i) You are familiar with and agree to be responsible for compliance with the Family Educational Rights and Privacy Act and the US Department of Education's implementing regulations at 34 CFR Part 99 (collectively, "FERPA"), and all other laws, rules or regulations concerning the collection, use, and disclosure of personally identifiable information about Users in your Institution (collectively, "Applicable Privacy Law").
+(ii) You assume sole responsibility (and hereby agree that Khan Academy is not responsible for) for providing appropriate notices and disclosures to students using Khan Academy for classroom use ("Students" or "Student Users") and their parents regarding Student use of the Website, our Terms, and our Privacy Policy, including any notices required by the Children's Online Privacy Protection Act ("COPPA"), FERPA, or other Applicable Privacy Law.
+(iii) You assume sole responsibility (and hereby agree that Khan Academy is not responsible) for obtaining any consents required from parents or guardians, to the extent required under COPPA, FERPA or other Applicable Privacy Law, in connection with the Services, use of the Website for classroom use (including use of Linked Accounts referred to in Section 1.8), and disclosure of personally identifiable information to Khan Academy in connection therewith. You represent and warrant to Khan Academy that, prior to creation of accounts for School Use, you have either obtained all necessary parent or guardian consents, or have complied and will comply with all applicable requirements of an exemption from or exception to parental consent requirements, including:
+under FERPA, you have complied and will comply with the "school official" exception, or the "directory information" exception thereunder; and
+under COPPA, with respect to Students under the age of 13, you are acting as the agent of the parent and consenting on their behalf to the sharing of the Student's personal information.
+We refer to this a "School Consent". If a Parent User does not consent or rescinds such School Consent, School Personnel or the Institution shall immediately notify Khan Academy to discontinue that Student's access to the Services and ensure that such Student's information is no longer accessible through the Services. Under no circumstances will Khan Academy be liable for the School Personnel's failure to consult their school's authorities and administrators or for failing to obtain School Consent when required.
+(c) Identification of School Accounts. Students and School Personnel may have personal accounts, in addition to accounts established for use in the classroom and associated with the Institution's use of the Services ("School Accounts"). If the Institution has a separate written service agreement with Khan Academy that includes rostering services for your Institution, accounts provided for classroom use will be School Accounts. In other cases, in order for accounts established for use in the classroom to be designated as "School Accounts," the accounts must be (1) created by School Personnel (for example, when a teacher creates the user name, login and password to establish School Accounts, or when the teacher rosters a class using Google Classroom, Clever, or similar Integrated Service (to the extent we support use of such Integrated Service)), or (2) created by a School User at the direction of a School, in each case, using a School email address and associated with a School's class on the Service. User accounts created with a personal email address will not be considered School Accounts, and will be administered as personal accounts. If you have questions about how to create School Accounts that are associated with a School's class on the Service, please contact our customer support team at khan.co/KA-support.
+(d) Use of Integrated Services in School Accounts. If you are School Personnel and you choose to allow your students to log in on the Services using an Integrated Service, such as Google Classroom or Clever (to the extent we support use of such Integrated Service), you are responsible for educating your students on the proper use of Integrated Services and protecting their accounts. See Section 1.3.
+1.7 Coaches. Khan Academy may make available certain features and tools that allow Users to add "Coaches" to their account.
+(a) Coaching features are provided to allow any User to give another User, such as a tutor, friend or family member, the ability to view the activity in their Khan Academy account in order to provide them with tutoring or coaching help on Khan Academy. In these Terms, we refer to any User that you connect to your Khan Academy account (other than School Personnel and Parent Users, who have different account permissions) as a "Coach". A Parent User associated with a Child User can disable the coaching feature upon account creation, or in the Child's User's account settings.
+(b) If you are a Coach, the following provisions apply to you. You may use Khan Academy features and tools only for purposes of providing tutoring, coaching or other education-related assistance to a User that has an account established and existing pursuant to these Terms. COACHES ARE NOT PERMITTED TO CREATE OR REGISTER ACCOUNTS FOR ANY OTHER USER. In order to begin coaching relationship, the student or other User you wish to coach must either have a pre-existing account on the Services, or must establish an account pursuant to these Terms. YOU UNDERSTAND THAT REGISTRATION OF AN ACCOUNT BY OR FOR A CHILD USER REQUIRES CONSENT FROM SUCH USER'S PARENT OR LEGAL GUARDIAN. COACHES MAY NOT PROVIDE THIS CONSENT DIRECTLY OR ON BEHALF OF THE PARENT OR GUARDIAN. You must use the Services and the Website in compliance with all applicable laws, rules, and regulations.
+1.8 Linked Accounts. Khan Academy may permit a User to associate a personal account with their School Account, by using the login credentials associated with a personal account to join a class or use the account for school-directed learning. If a User chooses to associate a personal account with their School Account, the two accounts will be deemed "Linked" Accounts, and the User's learning activity (information regarding use of the Website generated by the User through use of the Website), whether generated during or outside of the school use, may be viewed by any person with access to either account. "Linked" Accounts are not separately functioning accounts; they permit access to a singular Khan Academy account using more than one account interface or set of access credentials. Linked Accounts may benefit Students who want to use the Website for both personal and school purposes, by allowing School Personnel to have a deeper understanding of Student progress, and by allowing Users to keep track of all of their Khan Academy learning activity on an aggregate basis. The User's election to enable account linking must be made, if at all, in connection with the initial account registration and rostering process for a given school year. Once accounts are linked, they cannot be separated. Khan Academy may (but is not required to) enable linking of accounts as described herein. Upon any termination of the School Account by authorized School Personnel, the User's learning activity (including any learning activity from school use) will be retained in any Linked personal account.
+1.9 School Districts. Khan Academy may enter into supplemental written agreements with school districts with respect to use of the Services on a district-wide basis ("District Agreements"). Pursuant to District Agreements, we may provide additional services to school districts, and/or may provide additional undertakings to school districts with respect to the Services. Except as otherwise provided in a District Agreement, these Terms remain in effect for all individual Users of the Services in the relevant district.
+1.10 International Use. Khan Academy operates the Services in the United States. If you choose to access our Services from locations outside the United States, you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in the United States. You also agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services, if and to the extent local laws are applicable to use of our Services. If you are under the age of 18, you confirm that you have received parental consent, if required in your jurisdiction, to open an account for Service and enter into these Terms. Unless we have entered into a separate, mutually executed written agreement with you that says otherwise, we do not represent that our Services are appropriate or available for use in jurisdictions outside the United States. The right to access and use the Services is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render Khan Academy in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws.
+2. Privacy Policy. Your privacy is important to Khan Academy. Please read the Khan Academy Privacy Policy, which is hereby incorporated into these Terms (and which are part of our contract with you), carefully for information relating to Khan Academy's collection, use, and disclosure of your personal information. Among other things, our Privacy Policy explains how we treat your personal information and protect your privacy when you use our Services, and explains the procedures by which Users, Parent Users and School Personnel may view, update, correct, or delete their account and personal information.
+3. Other guidelines. When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
+4. Modification of the Terms.
+4.1 General. Upon opening an account, you accept the Terms in the form posted on our website. Khan Academy reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes that are made after you open your account. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, Khan Academy will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Services, and such amended terms will be effective against you on the earlier of (i) your actual notice of such changes and (ii) thirty days after Khan Academy makes reasonable attempt to provide you such notice. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you must discontinue your use of the Services. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
+4.2 School Accounts. The following provisions apply to School Accounts in addition to the provisions set forth in Section 4.1 above. If a change with respect to how personal information contained in education records is used or shared has a material adverse impact on Student Users or an Institution, and the Institution does not agree to the change, the Institution must notify Khan Academy within thirty days of receiving the notice of change as described under the "Miscellaneous - Notices" below. If Khan Academy is notified as required, then the School Accounts held by that Institution will remain governed by the Terms in effect immediately prior to the change until the end of the end of the then current term of the Institution's written service agreement with Khan Academy, or, in the absence of such an agreement, the end of the current school term. If the Services are renewed or continued after such time, they will be renewed or continued under Khan Academy's then-current Terms.
+5. User Content License Grant
+5.1 User Content and Ownership. Khan Academy may permit (a) the posting and/or publishing by you and other Users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, "User Postings") and (b) the posting, creation, or modification by you and other users of computer code (including source code and object code) ("User Code") (User Postings and User Code, collectively, "User Content"). You understand that whether or not such User Content is published, Khan Academy does not guarantee any confidentiality with respect to any submissions. Consistent with Applicable Law, as between Khan Academy and you, you retain all ownership rights you have in any User Content you post or publish to the Services, and Khan Academy does not claim any ownership rights in or to such User Content. You acknowledge that are solely responsible for your User Content and the consequences of posting, creating, or publishing such User Content.
+5.2 License Grant to Khan Academy. By posting, submitting or distributing User Content on or through the Services, you hereby grant to Khan Academy a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free right and license to (a) host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed, to the extent consistent with applicable law and Khan Academy's Privacy Policy). Such license is perpetual and irrevocable, except to the extent required to comply with Applicable Privacy Law relating to ownership and control of your personal information, including education records. With respect to School Accounts, consistent with Applicable Privacy Law, as between Khan Academy and you, you (or your school, as applicable) retain all ownership rights you have in any User Content to the extent such content is an education record.
+5.3 License Grant to Users.
+(a) User Postings. By posting, submitting or distributing User Postings through the Services, you hereby grant to each User of the Services a non-exclusive license to access and use your User Postings in any manner permitted or made available by Khan Academy on or through the Services.
+(b) User Code. By posting, submitting or distributing User Code through the Services, you hereby grant to each User of the Services a non-exclusive license to access, use, reproduce, and distribute your User Code as fully permitted under, and in accordance with the terms of, the MIT license (currently available at: the opensource license webpage) (the "MIT License").
+(c) Downloadable Content. The Services may permit you to download mobile applications or certain digital educational content ("Downloadable Content"). Subject to your complete and ongoing compliance with all the terms and conditions set forth herein, Khan Academy grants you, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, view and use the Downloadable Content, in object code form, on devices owned or controlled by you, solely for your personal, non-commercial purposes. You agree not to (i) modify or create derivative works of the Downloadable Content (ii) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, technical limitations or security features in or protecting the Downloadable Content, and (iii) remove any copyright and other proprietary notices on the Downloadable Content and all copies thereof.
+5.4 Access to Your User Content. Khan Academy may permit Users to share their User Content with a select group of other Users, or make their User Content public for all (even non-Services users) to view. You acknowledge and agree that, although Khan Academy may provide certain features intended to allow you to restrict some User Content you create from others, Khan Academy does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, Khan Academy will use reasonable efforts to notify you pursuant to Section 15.1 below. KHAN ACADEMY HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.
+5.5 User Content Disclaimer. You understand that when using the Services you will be exposed to User Content from a variety of sources, and that Khan Academy is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Khan Academy with respect thereto. Khan Academy does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Khan Academy expressly disclaims any and all liability in connection with User Content.
+6. Digital Millenium Copyright Act. It is Khan Academy's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Khan Academy's DMCA Notification Guidelines athttps://www.khanacademy.org/about/dmca. Khan Academy will promptly terminate without notice your access to the Services if you are determined by Khan Academy to be a "repeat infringer." A repeat infringer is a User who has been notified by Khan Academy of infringing activity violations more than twice and/or who has had User Content or any other user-submitted content removed from the Services more than twice.
+7. Proprietary Materials; Licenses
+7.1 Proprietary Materials. The Services are owned and operated by Khan Academy. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Services (the "Services Materials") are protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content provided and owned by Users and except as otherwise set forth in this Section 7, all Services Materials, and all trademarks, service marks, and trade names, contained on or available through the Services are owned by or licensed to Khan Academy, and Khan Academy reserves all rights therein and thereto not expressly granted by these Terms.
+7.2 Licensed Educational Content. Khan Academy may make available on the Services certain educational videos, exercises, and related supplementary materials that are owned by Khan Academy or its third-party licensors (the "Licensed Educational Content"). Khan Academy grants to you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Services by Khan Academy solely for your personal, non-commercial purposes. Unless expressly indicated on the Services that a particular item of Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.
+(a) Alternate Licenses. In certain cases, Khan Academy or its licensors may make available Licensed Educational Content under alternate license terms, such as a variant of the Creative Commons License (as defined below) (each, an "Alternate License"). Where expressly indicated as such on the Services, and subject to the terms and conditions of these Terms, the applicable Licensed Educational Content is licensed to you under the terms of the Alternate License. By using, downloading, or otherwise accessing such Licensed Educational Content, you agree to comply fully with all the terms and conditions of such Alternate License.
+(b) Creative Commons License. Unless expressly otherwise identified on the Services with respect to a particular item of Licensed Educational Content, any reference to the "Creative Commons", "CC" or similarly-phrased license shall be deemed to be a reference to the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 United States License (available at creativecommons.org/licenses/) (the "Creative Commons License").
+7.3 Licensed Educational Code. Khan Academy may make available, or allow Users to create and make available, on or through the Services certain educational, user-readable source code in connection with the "Computer Science" modules or exercises available on the Services (the "Licensed Educational Code"). Unless otherwise indicated, all Licensed Educational Code is the property of Khan Academy or third-party licensors and, subject to the terms and conditions of these Terms, is licensed to you under the terms of the MIT License. By downloading or otherwise accessing such Licensed Educational Code, you agree to comply with all the terms of the MIT License.
+7.4 Non-Commercial Use. The Licensed Educational Content and Licensed Educational Code are intended for personal, non-commercial use only. Without limiting the foregoing, and notwithstanding the terms of any Alternate License for such Licensed Educational Content, the Licensed Educational Content may not be used, distributed or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed in writing by Khan Academy.
+(a) Impermissible Uses. Without limiting the generality of the foregoing, the following are types of uses that Khan Academy expressly defines as falling outside of "non-commercial" use:
+i. the sale or rental of (1) any part of the Licensed Educational Content, (2) any derivative works based at least in part on the Licensed Educational Content, or (3) any collective work that includes any part of the Licensed Educational Content;
+ii. providing training, support, or editorial services that use or reference the Licensed Educational Content in exchange for a fee; and
+iii. the sale of advertisements, sponsorships, or promotions placed on the Licensed Educational Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Licensed Educational Material, including without limitation any "pop-up advertisements".
+(b) Use Characterization. Whether a particular use of the Licensed Educational Content is "non-commercial" depends on the use, not the user. Thus, a use of the Licensed Educational Content that does not require that users pay fees and that does not provide an entity with a commercial advantage is "non-commercial," even if this use is by a commercial entity. Conversely, any use that involves charging users in connection with their access to the Licensed Educational Content is not "non-commercial," even if this use is by a non-profit entity. As an example, a for-profit corporation's use of the Licensed Educational Content for internal professional development or training of employees is permitted, so long as the corporation charges no fees, directly or indirectly, for such use. Conversely, as another example, a non-profit entity's use of the Licensed Educational Content in connection with an fee-based training or educational program is NOT "non-commercial" and is not permitted.
+7.5 Crediting Khan Academy. If you distribute, publicly perform or display, transmit, publish, or otherwise make available any Licensed Educational Content or any derivative works thereof, you must also provide the following notice prominently along with such Licensed Educational Content or derivative work thereof: "All Khan Academy content is available for free at www.khanacademy.org".
+8. Prohibited Conduct.
+YOU AGREE NOT TO:
+8.1 use the Services for any commercial use or purpose unless expressly permitted by Khan Academy in writing, it being understood that the Services and related services are intended for personal, non-commercial use only;
+8.2 except as expressly permitted under Sections 5.3 and 7 of these Terms, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Services Materials;
+8.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
+8.4 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
+8.5 use the Services in any manner that is harmful to minors, or in any manner that violates Khan Academy's Community Guidelines;
+8.6 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, or perform any other fraudulent activity;
+8.7 delete the copyright or other proprietary rights notices on the Services or on any Licensed Educational Content, Licensed Educational Code, or User Content;
+8.8 assert, or authorize, assist, or encourage any third party to assert, against Khan Academy or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content, Licensed Educational Code, or User Content you have used, submitted, or otherwise made available on or through the Services;
+8.9 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Services (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
+8.10 use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
+8.11 defame, harass, abuse, threaten or defraud Users of the Services, or collect, or attempt to collect, personal information about Users or third parties without their consent;
+8.12 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, Licensed Educational Content, Licensed Educational Code, or User Content, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services, Licensed Educational Content, Licensed Educational Code, or User Content;
+8.13 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
+8.14 modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent expressly permitted by Khan Academy herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
+8.15 intentionally interfere with or damage operation of the Services or any user's enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
+9. Third-Party Sites, Products and Services; Links. The Services may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). Khan Academy does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK.
+10. Term and Termination.
+10.1 Term. These Terms shall remain in full force and effect while you use the Services unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Services.
+10.2 Termination by Khan Academy. Khan Academy, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any account (or any part thereof) you may have with Khan Academy or your use of the Services and remove and discard all or any part of your account, User profile, and User Content, at any time. Khan Academy may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have, or portion thereof, may be affected without prior notice, and you agree that Khan Academy will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Khan Academy may have at law or in equity. As discussed herein, Khan Academy does not permit copyright, trademarks, or other intellectual property infringing activities on the Services, and will terminate access to the Services, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
+10.3 Termination by You. Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of Khan Academy in operating the Services, or (v) any content or information transmitted through the Services, is to terminate the Terms and your account. You may terminate these Terms at any time (prospectively only) by deleting your login account with the Services and discontinuing use of any and all parts of the Services.
+10.4 Termination of School Personnel, Child and Student Accounts. Certain Users (e.g., Parent Users and School Personnel) may terminate these Terms with respect their account or to a Child or Student User account that was created by them or at their direction, as provided in this Section.
+(a) Termination by School Personnel. School Personnel may terminate use of the Services individually and/or with respect to School Accounts created by such School Personnel at any time by contacting us at schoolpartnerships@khanacademy.org, provided, however, that an Institution may require satisfaction of certain requirements before School Personnel can terminate accounts created for school use. Prior to termination of School Accounts at the direction of School Personnel, Khan Academy may invite Users, or parents or legal guardians of Students, to establish and maintain a personal account for purposes of retaining any content generated or provided and owned by Users under these Terms (including such User's learning activity). Any such Personal accounts will be established under Khan Academy's standard account opening process, including parent consent for Users under the age of 13.
+(b) Termination by Parents. As a Parent User, if you created a Child account on the Services and have a Parent User account associated with the Child account, you can terminate your Child's login account through the account profile, or by contacting our customer support team at khan.co/KA-support, although we may need to verify your identity prior to taking any action with respect to the account. Parents of Students who are using School Accounts created by or at the direction of your Child's teacher in school may first need to contact your child's school to request termination.
+10.5 Responsibility for Pre-Termination activity. Termination of the Terms as to any User account will not limit Khan Academy's rights and remedies regarding any breach of these Terms occurring prior to such termination.
+11. Representations and Warranties. You warrant, represent and agree that you will not provide any User Content or otherwise use the Services in a manner that (i) infringes, violates or misappropriates another's intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render Khan Academy in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws (collectively, "Applicable Law"); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account or the Services in any way, such as allowing someone else access to your account or password or submitting User Content that contains viruses. Additionally, you represent, warrant and agree that (i) you possess all rights necessary to provide your User Content and grant Company the rights in these Terms; (ii) you will comply with Applicable Laws in connection with your use of the Service; and (iii), if you are School Personnel, you understand that you are solely responsible for providing notices and obtaining consents required by Applicable Laws for students to use the Services or to provide User Content, including compliance with the applicable provisions of FERPA and COPPA when using School Consent.
+12. Indemnification. You agree, to the extent permissible under your state's laws, to indemnify, defend, and hold harmless Khan Academy, and its parent, successors, affiliated companies, contractors, officers, directors, employees, agents and its third-party suppliers, licensors, and partners ("Khan Academy Parties") from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of (i) your access to, use or misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein, whether by you or by any Child User or School User whose account you have approved as a Parent User or School Personnel; (iv) your failure to comply with Applicable Laws (including any failure to obtain or provide any necessary consent or notice); (v) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (vi) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users. Khan Academy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Khan Academy, and you agree to cooperate with Khan Academy's defense of these claims. You agree not to settle any such matter without the prior written consent of Khan Academy. Khan Academy will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
+13. Disclaimers; No Warranties
+13.1 No Warranties. THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT (WHETHER OWNED OR LICENSED), USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE (THE "KHAN ACADEMY OFFERINGS"), ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE KHAN ACADEMY PARTIES DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KHAN ACADEMY OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
+13.2 Content. KHAN ACADEMY, AND THE KHAN ACADEMY PARTIES, DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. KHAN ACADEMY AND THE KHAN ACADEMY PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT (1) THE KHAN ACADEMY OFFERINGS WILL (A) MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, OR (B) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, (2) THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES MAY BE NEW OR EXPERIMENTAL AND MAY NOT HAVE BEEN TESTED IN ANY MANNER.
+13.3 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE (INCLUDING THROUGH ANY API'S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
+13.4 Limitations by Applicable Law. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
+14. Limitation of Liability and Damages.
+14.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL KHAN ACADEMY OR THE KHAN ACADEMY PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) EVEN IF KHAN ACADEMY OR A KHAN ACADEMY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR RELATING (i) TO THE TERMS; (ii) YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR THE KHAN ACADEMY OFFERINGS, OR (iii) ANY OTHER INTERACTIONS WITH KHAN ACADEMY OR ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE KHAN ACADEMY OFFERINGS, INCLUDING OTHER USERS,. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, KHAN ACADEMY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
+14.2 Limitation of Damages. IN NO EVENT WILL KHAN ACADEMY'S OR THE KHAN ACADEMY PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO KHAN ACADEMY, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
+14.3 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT KHAN ACADEMY HAS OFFERED THE WEBSITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND KHAN ACADEMY, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND KHAN ACADEMY. KHAN ACADEMY WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
+14.3 User Interactions and Release.
+(a) User Disputes. Khan Academy is not responsible for the actions, content, information or data of other third parties, including other Users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Service. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. We reserve the right, but have no obligation, to become involved in any way with these disputes.
+(b) Release. If you have a dispute with one or more Users, you release us (and the Khan Academy Parties) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. If you are a California resident, you waive your rights under California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive your rights under any applicable statutes of a similar effect, to the fullest extent permissible under applicable law.
+15. Miscellaneous (Including Dispute Resolution and Arbitration).
+15.1 Notice. Khan Academy may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Services, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless Khan Academy is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the Services are deemed given 30 days following the initial posting. Any notices directed to Khan Academy shall be sent by first class U.S. Mail to Khan Academy at P.O. Box 1630, Mountain View, CA 94042 and also via e-mail to notices@khanacademy.org.
+15.2 Waiver. The failure of Khan Academy to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Khan Academy.
+15.3 Governing Law. The Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.
+15.4 Dispute Resolution and Arbitration. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
+(a) Generally. In order to expedite and control the cost of disputes, Khan Academy and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Services or these Terms ("Dispute") will be resolved as follows to the fullest extent permitted by law:
+(b) Notice of Dispute. In the event of a Dispute, you or Khan Academy must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a "Notice of Dispute"). You must send any Notice of Dispute by first class U.S. Mail to Khan Academy at P.O. Box 1630, Mountain View, CA 94042 and also via e-mail to notices@khanacademy.org. Khan Academy will send any Notice of Dispute to you by first class U.S. Mail to your address if Khan Academy has it, or otherwise to your e-mail address. You and Khan Academy will attempt in good faith to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Khan Academy may commence arbitration.
+(c) Binding Arbitration. Any Dispute which has not been resolved by negotiation as provided herein within sixty (60) days or such time period as you and Khan Academy may otherwise agree, shall be finally resolved by binding arbitration as described in this Section 15.4. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The place of arbitration shall be Santa Clara County, California. Any court with jurisdiction over the parties may enforce the arbitrator's award.
+(d) Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor Khan Academy will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
+(e) Arbitration Procedures. Any arbitration will be conducted by JAMS under the JAMS Comprehensive Arbitration Rules and Procedures ("JAMS Rules") in effect at the time the Dispute is filed. You may request a telephonic or in-person hearing by following the JAMS Rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum provided by JAMS is unavailable, Khan Academy and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service shall apply the JAMS Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief to you only individually, and only to the extent required to satisfy your individual claim.
+(f) Arbitration Fees. Whoever files the arbitration will pay the initial filing fee. If Khan Academy files, then Khan Academy will pay; if you file, then you will pay unless you get a fee waiver under the applicable arbitration rules. Each party will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
+(g) Filing Period. To the extent permitted by law, any Dispute under these Terms must be filed within one (1) year in an arbitration proceeding. The one-year period begins when the events giving rise to the Dispute first occur. If a Dispute is not filed within one year, it is permanently barred.
+(h) Venue. In the event that any Dispute cannot be resolved by binding arbitration in accordance with this Section 15.4, you agree that such Dispute will be filed only in the state or federal courts in and for Santa Clara County, California, and each of you and Khan Academy hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purpose of litigating any such action. Notwithstanding this, Khan Academy shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
+15.5 Severability. If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
+15.6 Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Khan Academy's prior written consent, but may be assigned by Khan Academy without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
+15.7 Survival. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2, 4 through 6, 7.1, 7.4, 7.5, and 8 through 15.
+15.8 Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
+15.9 Entire Agreement. The Terms, the Privacy Policy and Guidelines constitute the entire agreement between you and Khan Academy relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Policy or Guidelines made by Khan Academy as set forth in Section 4 above.
+15.10 Disclosures. The Services are hosted in the United States, and the services provided hereunder are offered by Khan Academy: PO Box 1630, Mountain View, CA 94042; notices@khanacademy.org.
+15.11 Notice Regarding Apple. You acknowledge that these Terms are between you and Khan Academy only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the applicable mobile application to you, if any; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services or your possession and use of the Services infringes that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Services. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary of the Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

sample-terms-and-conditions/pinterest.txt

@@ -0,0 +1,153 @@
+Terms of service
+Thank you for using Pinterest!
+These Terms of Service ("Terms") govern your access to and use of the Pinterest website, apps, APIs, and widgets (“Pinterest” or the “Service”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using Pinterest, you agree to be bound by these Terms, our Privacy Policy, our Cookies Policy and our Community Guidelines.
+
+More simply put
+Every company has its terms. These are ours.
+
+1. Our service
+Pinterest helps you discover and do what you love. To do that, we show you things we think will be relevant, interesting and personal to you based on your onsite and offsite activity. To provide our Service, we need to be able to identify you and your interests. Some of the things we show you are promoted by advertisers. As part of our service we try to ensure that even promoted content is relevant and interesting to you. You can identify promoted content because it will be clearly labelled.
+
+More simply put
+Pinterest helps you discover and do what you love. It’s customized to you. We need to know what you like to make everything on Pinterest relevant to you.
+
+2. Using Pinterest
+a. Who can use Pinterest
+You may use Pinterest only if you can legally form a binding contract with Pinterest, and only in compliance with these Terms and all applicable laws. When you create your Pinterest account, you must provide us with accurate and complete information. You can’t use Pinterest if it would be prohibited by U.S. sanctions. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the EEA, you may only use Pinterest if you are over the age at which you can provide consent to data processing under the laws of your country. Using Pinterest may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
+
+b. Our license to you
+Subject to these Terms and our policies (including our Community Guidelines), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.
+
+c. Commercial use of Pinterest
+If you want to use Pinterest for commercial purposes you must create a business account and agree to our Business Terms of Service. If you do open an account for a company, organization, or other entity, then "you" includes you and that entity, and you promise that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
+
+More simply put
+You cannot use Pinterest if you're under 13 (or older in some countries). Also, if you are using Pinterest for work, you need to set up a business account.
+
+3. Your content
+a. Posting content
+Pinterest allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on Pinterest is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Pinterest.
+
+More simply put
+If you post your content on Pinterest, it still belongs to you.
+
+b. How Pinterest and other users can use your content
+You grant Pinterest and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Pinterest solely for the purposes of operating, developing, providing, and using Pinterest. Nothing in these Terms restricts other legal rights Pinterest may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it’s used in Pinterest, for any reason. This includes User Content that we believe violates these Terms, our Community Guidelines, or any other policies.
+
+More simply put
+If you post your content on Pinterest, we can show it to people and others can save it. Don't post porn or spam or be a jerk to other people on Pinterest.
+
+c. How long we keep your content
+Following termination or deactivation of your account, or if you remove any User Content from Pinterest, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. Pinterest and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on Pinterest.
+
+More simply put
+If you choose to post content, you give us permission to use it to provide and improve Pinterest. Copies of content shared with others may remain even after you delete the content from your account.
+
+
+d. Feedback you provide
+We value hearing from our users, and are always interested in learning about ways we can make Pinterest more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Pinterest doesn’t waive any rights to use similar or related feedback previously known to Pinterest, or developed by its employees, or obtained from sources other than you.
+
+More simply put
+We can use your suggestions to make Pinterest better.
+
+4. Copyright policy
+Pinterest has adopted and implemented the Pinterest Copyright Policy in accordance with the Digital Millennium Copyright Act and other applicable copyright laws. For more information, please read our Copyright Policy.
+
+More simply put
+We respect copyrights. You should, too.
+
+5. Security
+We care about the security of our users. While we work to protect the security of your content and account, Pinterest can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
+
+More simply put
+You can help us fight spammers by keeping these security tips in mind.
+
+6. Third party links, sites, and services
+Pinterest may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Pinterest. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from Pinterest, you do so at your own risk and you agree that Pinterest has no liability arising from your use of or access to any third party website, service, or content.
+
+More simply put
+Pinterest has links to content off of Pinterest. Most of that stuff is awesome, but we're not responsible when it's not.
+
+7. Termination
+Pinterest may terminate or suspend your right to access or use Pinterest for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of our Community Guidelines. Upon termination, you continue to be bound by Sections 3 and 8 of these Terms.
+
+More simply put
+Pinterest is provided to you for free. We reserve the right to refuse service to anyone, but we will provide appropriate notice.
+
+8. Indemnity
+If you use Pinterest for commercial purposes (i.e., you are not a consumer) without agreeing to our Business Terms as required by Section 2(c) of these Terms, you agree to indemnify and hold harmless Pinterest Inc, Pinterest Europe Ltd, their affiliates and their respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, your User Content, or your breach of any of these Terms.
+
+More simply put
+If we are sued because of something your business does on Pinterest, you have to pay our costs. Also, you should have created a business account and agreed to our Business Terms in the first place.
+
+9. Disclaimers
+Our Service and all content on Pinterest is provided on an "as is" basis without warranty of any kind, whether express or implied.
+
+Pinterest specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
+
+Pinterest takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
+
+If you're a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.
+
+
+More simply put
+Unfortunately, people post bad stuff on services like Pinterest. We take that kind of thing seriously but you still might run into it before we have a chance to take it down. If you see bad stuff, please report it to us here.
+
+10. Limitation of liability
+TO THE MAXIMUM EXTENT PERMITTED BY LAW, PINTEREST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL PINTEREST'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
+
+If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply. Instead, Pinterest’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Pinterest isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
+
+
+More simply put
+We are building the best service we can for you but we can't promise it will be perfect. We're not liable for various things. If you think we are, let's try to work it out like adults.
+
+11. Arbitration
+For any dispute you have with Pinterest, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Pinterest account. If Pinterest hasn’t been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.
+
+Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Pinterest are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Pinterest account.
+
+Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and Pinterest agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that Pinterest will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PINTEREST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
+
+NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute or controversy regarding Pinterest or our Service isn’t arbitrable under applicable laws or otherwise: you and Pinterest both agree that any claim or dispute regarding Pinterest will be resolved exclusively in accordance with Section 12 of these Terms.
+
+If you're a consumer in the EEA, Section 11 doesn't apply to you.
+
+
+12. Governing law and jurisdiction
+These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. If you are not a consumer in the EEA, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is San Francisco County, California, or the United States District Court for the Northern District of California and our dispute will be determined under California law.
+
+If you are a consumer in the EEA, this won’t deprive you of any protection you have under the law of the country where you live and access to the courts in that country.
+
+
+More simply put
+The Bay Area is beautiful this time of year. It doesn't matter what time of year it is, that's what's so great! Anyway, you'll have to sue us here.
+
+In the EEA, this applies if you're a merchant, but not if you're a consumer. If you are a consumer in the EEA, you can sue us in your home courts.
+
+
+13. General terms
+Notification procedures and changes to these Terms
+We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you. By continuing to access or use Pinterest after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using Pinterest.
+
+More simply put
+If we're making a big change to the terms, we'll let you know. If you don’t like the new terms, please stop using Pinterest.
+
+Assignment
+These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pinterest without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
+
+If you’re a consumer in the EEA, either you or Pinterest may assign this agreement, and any rights and licences granted under it, to a third party. In case of such an assignment by Pinterest, you are entitled to terminate the agreement with immediate effect by deactivating your account. Pinterest will provide you with reasonable notice of any such assignment.
+
+Entire agreement/severability
+These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Pinterest shall constitute the entire agreement between you and Pinterest concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
+
+No waiver
+No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Pinterest's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
+
+Parties
+If you live in the United States, these Terms are a contract between you and Pinterest Inc., 651 Brannan Street, San Francisco, CA 94103. If you live outside the United States, these Terms are a contract between you and Pinterest Europe Ltd., an Irish company with its registered office at Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland.
+
+More simply put
+Who you deal with depends on where you live.
+
+Effective May 1, 2018

sample-terms-and-conditions/quora.txt

@@ -0,0 +1,72 @@
+(1) Introduction
+
+These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.
+
+(2) Licence to use website
+
+Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
+
+You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
+
+You must not:
+
+(a) republish material from this website (including republication on another website);
+
+(b) sell, rent or sub-license material from the website;
+
+(c) show any material from the website in public;
+
+(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
+
+(e) edit or otherwise modify any material on the website; or
+
+(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
+
+(3) Acceptable use
+
+You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
+
+You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
+
+You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
+
+You must not use our website to transmit or send unsolicited commercial communications.
+
+You must not use our website for any purposes related to marketing without our express written consent.
+
+(4) User generated content
+
+In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
+
+You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
+
+Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
+
+You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
+
+We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
+
+[Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.]
+
+(5) Limited warranties
+
+We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
+
+To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
+
+(6) Limitations and exclusions of liability
+
+Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
+
+The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
+
+To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
+
+We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
+
+We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
+
+We will not be liable to you in respect of any loss or corruption of any data, database or software.
+
+We will not be liable to you in respect of any special, indirect or consequential loss or damage.
+

sample-terms-and-conditions/reddit.txt

@@ -0,0 +1,313 @@
+Reddit User Agreement
+Effective September 12, 2021. Last Revised August 12, 2021
+Reddit powers hundreds of thousands of distinct online communities. This User Agreement and your conduct make that possible.
+
+If you live outside the European Economic Area (“EEA”), the United Kingdom, or Switzerland, your terms are here.
+If you live in the EEA, United Kingdom, or Switzerland, your terms are here.
+
+
+
+
+Reddit User Agreement if you live outside the EEA, United Kingdom, or Switzerland, including if you live in the United States
+Hello, redditors and people of the Internet! This Reddit User Agreement (“Terms”) applies to your access to and use of the websites, mobile apps, widgets, APIs, emails, and other online products and services (collectively, the “Services”) provided by Reddit, Inc. (“Reddit,” “we,” “us,” or “our”).
+
+Remember Reddit is for fun and is intended to be a place for your entertainment, but we still need some basic rules. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
+
+1. Your Access to the Services
+No one under 13 is allowed to use or access the Services. We may offer additional Services that require you to be older to use them, so please read all notices and any Additional Terms carefully when you access the Services.
+
+By using the Services, you state that:
+
+You are at least 13 years old and over the minimum age required by the laws of your country of residence to access and use the Services;
+You can form a binding contract with Reddit, or, if you are over 13 but under the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms;
+You are not barred from using the Services under all applicable laws; and
+You have not been permanently suspended or removed from the Services.
+If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.
+
+2. Privacy
+Reddit’s Privacy Policy explains how and why we collect, use, and share information about you when you access or use our Services. You understand that through your use of the Services, you consent to the collection and use of this information as set forth in the Privacy Policy.
+
+3. Your Use of the Services
+Subject to your complete and ongoing compliance with these Terms, Reddit grants you a personal, non-transferable, non-exclusive, revocable, limited license to: (a) install and use a copy of our mobile application associated with the Services that is obtained from a legitimate marketplace on a mobile device owned or controlled by you; and (b) access and use the Services. We reserve all rights not expressly granted to you by these Terms.
+
+Except and solely to the extent such a restriction is impermissible under applicable law, you may not, without our written agreement:
+
+license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
+modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
+access the Services or Content in order to build a similar or competitive website, product, or service, except as permitted under the Reddit API Terms of Use.
+We are always improving our Services. This means we may add or remove features, products, or functionalities; we will try to notify you beforehand, but that won’t always be possible. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
+
+4. Your Reddit Account and Account Security
+To use certain features of our Services, you may be required to create a Reddit account (an “Account”) and provide us with a username, password, and certain other information about yourself as set forth in the Privacy Policy.
+
+You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify Reddit if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with your Account and enable two-factor authentication.
+
+You will not license, sell, or transfer your Account without our prior written approval.
+
+5. Your Content
+The Services may contain information, text, links, graphics, photos, videos, audio, streams, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.
+
+By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
+
+You retain any ownership rights you have in Your Content, but you grant Reddit the following license to use that Content:
+
+When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Reddit. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
+
+Any ideas, suggestions, and feedback about Reddit or our Services that you provide to us are entirely voluntary, and you agree that Reddit may use such ideas, suggestions, and feedback without compensation or obligation to you.
+
+Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, violating our Content Policy, or if you otherwise create or are likely to create liability for us.
+
+6. Third-Party Content, Advertisements, and Promotions
+The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
+
+The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
+
+If you choose to use the Services to conduct a promotion, including a contest or sweepstakes (“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations, including but not limited to creating official rules, offer terms, eligibility requirements, and compliance with applicable laws, rules, and regulations which govern the Promotion (such as licenses, registrations, bonds, and regulatory approval). Your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with Reddit, and the rules for your Promotion must require each entrant or participant to release Reddit from any liability related to the Promotion. You acknowledge and agree that we will not assist you in any way with your promotion, and you agree to conduct your Promotion at your own risk.
+
+7. Things You Cannot Do
+When using or accessing Reddit, you must comply with these Terms and all applicable laws, rules, and regulations. Please review the Content Policy (and, where applicable, the Broadcasting Content Policy), which are incorporated by this reference into, and made a part of, these Terms and contain Reddit’s rules about prohibited content and conduct. In addition to what is prohibited in the Content Policy, you may not do any of the following:
+
+Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Service;
+Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services;
+Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features;
+Use the Services to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights;
+Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with Reddit (we conditionally grant permission to crawl the Services in accordance with the parameters set forth in our robots.txt file, but scraping the Services without Reddit’s prior consent is prohibited); or
+Use the Services in any manner that we reasonably believe to be an abuse of or fraud on Reddit or any payment system.
+We encourage you to report content or conduct that you believe violates these Terms or our Content Policy. We also support the responsible reporting of security vulnerabilities. To report a security issue, please email security@reddit.com.
+
+8. Moderators
+Moderating a subreddit is an unofficial, voluntary position that may be available to users of the Services. We are not responsible for actions taken by the moderators. We reserve the right to revoke or limit a user’s ability to moderate at any time and for any reason or no reason, including for a breach of these Terms.
+
+If you choose to moderate a subreddit:
+
+You agree to follow the Moderator Guidelines for Healthy Communities;
+You agree that when you receive reports related to a subreddit you moderate, you will take appropriate action, which may include removing content that violates policy and/or promptly escalating to Reddit for review;
+You are not, and may not represent that you are, authorized to act on behalf of Reddit;
+You may not enter into any agreement with a third party on behalf of Reddit, or any subreddits that you moderate, without our written approval;
+You may not perform moderation actions in return for any form of compensation, consideration, gift, or favor from third parties;
+If you have access to non-public information as a result of moderating a subreddit, you will use such information only in connection with your performance as a moderator; and
+You may create and enforce rules for the subreddits you moderate, provided that such rules do not conflict with these Terms, the Content Policy, or the Moderator Guidelines for Healthy Communities.
+Reddit reserves the right, but has no obligation, to overturn any action or decision of a moderator if Reddit, in its sole discretion, believes that such action or decision is not in the interest of Reddit or the Reddit community.
+
+9. Copyright, Trademark, the DMCA, and Takedowns
+Reddit respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing material from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright or a trademark that you own or control, you may notify Reddit’s Designated Agent by filling out our Copyright Report Form or Trademark Report Form, or by contacting:
+
+Copyright Agent
+Reddit, Inc.
+1455 Market Street, Suite 1600
+San Francisco, CA 94103
+copyright@reddit.com
+
+Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Reddit for certain costs and damages.
+
+If we remove Your Content in response to a copyright or trademark notice, we will notify you via Reddit’s private messaging system. If you believe Your Content was wrongly removed due to a mistake or misidentification in a copyright notice, you can send a counter notification via our Copyright Counter Notice Form or to our Copyright Agent (contact information provided above). Please see 17 U.S.C. § 512(g)(3) for the requirements of a proper counter notification.
+
+10. Paid Services and Payment Information
+There are no fees for the use of many aspects of the Services. However, some services, including Reddit Premium and Virtual Goods, may be available for purchase (“Paid Services”). In addition to these Terms, by purchasing or using Reddit Premium or our Virtual Goods, you further agree to the Reddit Premium and Virtual Goods Agreement.
+
+Reddit may change the fees or benefits associated with the Paid Services from time to time with reasonable advance notice of material changes; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the Paid Services. Notwithstanding the foregoing, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
+
+You may submit your debit card, credit card, or other payment information (“Payment Information”) via our Services to purchase the Paid Services. We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees. All transactions are final, and we do not refund or credit for partially used billing periods.
+
+11. Intellectual Property
+The Services are owned and operated by Reddit. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services (“Materials”) provided by Reddit are protected by intellectual property and other laws. All Materials included in the Services are the property of Reddit or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials or by purchasing Reddit Premium or Virtual Goods. Except as expressly authorized by Reddit, and subject to Reddit’s Brand Guidelines, you may not make use of the Materials. Reddit reserves all rights to the Materials not granted expressly in these Terms.
+
+12. Indemnity
+Except to the extent prohibited by law, you agree to defend, indemnify, and hold Reddit, its affiliates, and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “Reddit Entities”) harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
+
+13. Disclaimers and Limitation of Liability
+Nothing in these Terms will prejudice the statutory rights that you may have as a user of the Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
+
+THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE REDDIT ENTITIES DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. REDDIT DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE REDDIT ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
+
+IN NO EVENT WILL ANY OF THE REDDIT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE REDDIT ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID REDDIT IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE REDDIT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
+
+14. Governing Law and Venue
+We want you to enjoy Reddit, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here.
+
+To the fullest extent permitted by applicable law, any claims arising out of or relating to these Terms or the Services will be governed by the laws of the State of California, without regard to its conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in San Francisco, California, and you and Reddit consent to personal jurisdiction in these courts.
+
+If you are a U.S. city, county, or state government entity, then this Section 14 does not apply to you. If you are a U.S. federal government entity, any claims arising out of or relating to these Terms or the Services will be governed by the laws of the United States of America without regard to its conflict of laws rules. To the extent permitted by federal law, the laws of California (other than its conflict of law rules) will apply in the absence of applicable federal law. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in San Francisco, California.
+
+15. Changes to these Terms
+We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing you with notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
+
+16. Additional Terms
+Because we offer a variety of Services, you may be asked to agree to additional terms, policies, guidelines, or rules before using a specific product or service offered by Reddit (collectively, “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms, and to the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Services.
+
+If you use Reddit Premium or Virtual Goods, you must also agree to the Reddit Premium and Virtual Goods Agreement.
+If you use the self-service platform for advertising, you must also agree to our Reddit Advertising Platform Terms.
+If you use our public API, you must also agree to our Reddit API Terms of Use.
+If you use Reddit Gifts, you must agree to the Reddit Gifts User Agreement.
+If you use Reddit Embeds, you must agree to the Embeds Terms of Use.
+
+17. Termination
+You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity.
+
+To the fullest extent permitted by applicable law, we may suspend or terminate your Account, moderator status, or ability to access or use the Services at any time for any or no reason, including for violating these Terms or our Content Policy.
+
+The following sections will survive any termination of these Terms or of your Account: 5 (Your Content), 7 (Things You Cannot Do), 12 (Indemnity), 13 (Disclaimers and Limitation of Liability), 14 (Governing Law and Venue), 17 (Termination), and 18 (Miscellaneous).
+
+18. Miscellaneous
+These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.
+
+These Terms are a legally-binding agreement between you and Reddit, Inc. If you have any questions about these terms, please contact us.
+
+Reddit, Inc.
+1455 Market Street, Suite 1600
+San Francisco, CA 94103
+United States
+
+
+
+
+Reddit User Agreement if you live in the EEA, United Kingdom, or Switzerland
+
+Hello, redditors and people of the Internet! This Reddit User Agreement (“Terms”) applies to your access to and use of the websites, mobile apps, widgets, APIs, emails, and other online products and services (collectively, the “Services”) provided by Reddit, Inc. (“Reddit,” “we,” “us,” or “our”).
+
+Remember Reddit is for fun and is intended to be a place for your entertainment, but we still need some basic rules. In order to use the Services, you must have accepted these Terms, which are: (a) presented to you when you create an Account; and (b) available at all times when you access the Services. If you don’t accept them, you may not access or use our Services.
+
+1. Your Access to the Services
+No one under 13 is allowed to use or access the Services. We may offer additional Services that require you to be older to use them, so please read all notices and any Additional Terms carefully when you access the Services.
+
+By using the Services, you state that:
+
+You are at least 13 years old and over the minimum age required by the laws of your country of residence to access and use the Services;
+You can form a binding contract with Reddit, or, if you are over 13 but under the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms;
+You are not barred from using the Services under all applicable laws; and
+You have not been permanently suspended or removed from the Services.
+If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.
+
+2. Privacy
+Reddit’s Privacy Policy explains how and why we collect, use, and share information about you when you access or use our Services. You understand that through your use of the Services, you consent to the collection and use of this information as set forth in the Privacy Policy.
+
+3. Your Use of the Services
+Subject to your complete and ongoing compliance with these Terms, Reddit grants you a personal, non-transferable, non-exclusive, revocable, limited license to: (a) install and use a copy of our mobile application associated with the Services that is obtained from a legitimate marketplace on a mobile device owned or controlled by you; and (b) access and use the Services. We reserve all rights not expressly granted to you by these Terms.
+
+Except and solely to the extent such a restriction is impermissible under applicable law, you may not, without our written agreement:
+
+license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
+modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
+access the Services or Content in order to build a similar or competitive website, product, or service, except as permitted under the Reddit API Terms of Use.
+We do not guarantee that the Services will always be available or uninterrupted. We are always improving our Services. This means we may add or remove features, products, or functionalities; we will try to notify you beforehand, but that won’t always be possible. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
+
+4. Your Reddit Account and Account Security
+To use certain features of our Services, you may be required to create a Reddit account (an “Account”) and provide us with a username, password, and certain other information about yourself as set forth in the Privacy Policy.
+
+You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify Reddit if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with your Account and enable two-factor authentication.
+
+You will not license, sell, or transfer your Account without our prior written approval.
+
+5. Your Content
+The Services may contain information, text, links, graphics, photos, videos, audio, streams, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.
+
+By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
+
+You retain any ownership rights you have in Your Content, but you grant Reddit the following license to use that Content:
+
+When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Reddit. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
+
+Any ideas, suggestions, and feedback about Reddit or our Services that you provide to us are entirely voluntary, and you agree that Reddit may use such ideas, suggestions, and feedback without compensation or obligation to you.
+
+Although we reserve the right to review, screen, edit, or monitor Your Content, we do not necessarily review all of it at the time it’s submitted to the Services. However, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, violating our Content Policy, or if you otherwise create or are likely to create liability for us.
+
+6. Third-Party Content, Advertisements, and Promotions
+The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk, and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
+
+The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
+
+If you choose to use the Services to conduct a promotion, including a contest or sweepstakes (“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations, including but not limited to creating official rules, offer terms, eligibility requirements, and compliance with applicable laws, rules, and regulations which govern the Promotion (such as licenses, registrations, bonds, and regulatory approval). Your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with Reddit, and the rules for your Promotion must require each entrant or participant to release Reddit from any liability related to the Promotion. You acknowledge and agree that we will not assist you in any way with your promotion, and you agree to conduct your Promotion at your own risk.
+
+7. Things You Cannot Do
+When using or accessing Reddit, you must comply with these Terms and all applicable laws, rules, and regulations. Please review the Content Policy (and, where applicable, the Broadcasting Content Policy), which are incorporated by this reference into, and made a part of, these Terms and contain Reddit’s rules about prohibited content and conduct. In addition to what is prohibited in the Content Policy, you may not do any of the following:
+
+Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services;
+Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services;
+Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features;
+Use the Services to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights;
+Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with Reddit (we conditionally grant permission to crawl the Services in accordance with the parameters set forth in our robots.txt file, but scraping the Services without Reddit’s prior consent is prohibited); or
+Use the Services in any manner that we reasonably believe to be an abuse of or fraud on Reddit or any payment system.
+We encourage you to report content or conduct that you believe violates these Terms or our Content Policy. We also support the responsible reporting of security vulnerabilities. To report a security issue, please email security@reddit.com.
+
+8. Moderators
+Moderating a subreddit is an unofficial, voluntary position that may be available to users of the Services. We are not responsible for actions taken by the moderators. We reserve the right to revoke or limit a user’s ability to moderate at any time and for any reason or no reason, including for a breach of these Terms.
+
+If you choose to moderate a subreddit:
+
+You agree to follow the Moderator Guidelines for Healthy Communities;
+You agree that when you receive reports related to a subreddit you moderate, you will take appropriate action, which may include removing content that violates policy and/or promptly escalating to Reddit for review;
+You are not, and may not represent that you are, authorized to act on behalf of Reddit;
+You may not enter into any agreement with a third party on behalf of Reddit, or any subreddits that you moderate, without our written approval;
+You may not perform moderation actions in return for any form of compensation, consideration, gift, or favor from third parties;
+If you have access to non-public information as a result of moderating a subreddit, you will use such information only in connection with your performance as a moderator; and
+You may create and enforce rules for the subreddits you moderate, provided that such rules do not conflict with these Terms, the Content Policy, or the Moderator Guidelines for Healthy Communities.
+Reddit reserves the right, but has no obligation, to overturn any action or decision of a moderator if Reddit, in its sole discretion, believes that such action or decision is not in the interest of Reddit or the Reddit community.
+
+9. Copyright, Trademark, the DMCA, and Takedowns
+Reddit respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing material from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright or a trademark that you own or control, you may notify Reddit’s Designated Agent by filling out our Copyright Report Form or Trademark Report Form, or by contacting:
+
+Copyright Agent
+Reddit, Inc.
+1455 Market Street, Suite 1600
+San Francisco, CA 94103
+copyright@reddit.com
+
+Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Reddit for certain costs and damages.
+
+If we remove Your Content in response to a copyright or trademark notice, we will notify you via Reddit’s private messaging system. If you believe Your Content was wrongly removed due to a mistake or misidentification in a copyright notice, you can send a counter notification via our Copyright Counter Notice Form or to our Copyright Agent (contact information provided above). Please see 17 U.S.C. § 512(g)(3) for the requirements of a proper counter notification.
+
+10. Paid Services and Payment Information
+There are no fees for the use of many aspects of the Services. However, some services, including Reddit Premium, and Virtual Goods, may be available for purchase (“Paid Services”). In addition to these Terms, by purchasing or using Reddit Premium or our Virtual Goods, you further agree to the Reddit Premium and Virtual Goods Agreement.
+
+Reddit may change the fees or benefits associated with the Paid Services from time to time with reasonable advance notice of material changes; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the Paid Services. Notwithstanding the foregoing, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
+
+You may submit your debit card, credit card, or other payment information (“Payment Information”) via our Services to purchase the Paid Services. We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees.
+
+11. Intellectual Property
+The Services are owned and operated by Reddit. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services (“Materials”) provided by Reddit are protected by intellectual property and other laws. All Materials included in the Services are the property of Reddit or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials or by purchasing Reddit Premium or Virtual Goods. Except as expressly authorized by Reddit, and subject to Reddit’s Brand Guidelines, you may not make use of the Materials. Reddit reserves all rights to the Materials not granted expressly in these Terms.
+
+12. Indemnity
+Except to the extent prohibited by law, you agree to defend, indemnify, and hold Reddit, its affiliates, and their respective directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “Reddit Entities”) harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
+
+13. Limitation of Liability
+By using the Services you agree that the Reddit Entities’ liability is limited to the maximum extent permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Reddit isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
+
+14. Changes to these Terms
+We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our reasonable discretion, are material, we will notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing you with notice through our Services at least 30 days before the date they become effective. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
+
+15. Additional Terms
+Because we offer a variety of Services, you may be asked to agree to additional terms, policies, guidelines, or rules before using a specific product or service offered by Reddit (collectively, “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms, and to the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Services.
+
+If you use Reddit Premium or Virtual Goods, you must also agree to the Reddit Premium and Virtual Goods Agreement.
+If you use the self-service platform for advertising, you must also agree to our Reddit Advertising Platform Terms.
+If you use our public API, you must also agree to our Reddit API Terms of Use.
+If you use Reddit Gifts, you must agree to the Reddit Gifts User Agreement.
+If you use Reddit Embeds, you must agree to the Embeds Terms of Use.
+
+16. Termination
+You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity.
+
+To the fullest extent permitted by applicable law, we may suspend or terminate your Account, moderator status, or ability to access or use the Services at any time for any or no reason, including for violating these Terms or our Content Policy.
+
+The following sections will survive any termination of these Terms or of your Account: 5 (Your Content), 7 (Things You Cannot Do), 12 (Indemnity), 13 (Limitation of Liability), 16 (Termination), and 17 (Miscellaneous).
+
+17. Miscellaneous
+These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You may not assign or transfer any rights or obligations under these Terms without Reddit’s prior written consent. Reddit may, without restriction, assign any of our rights and obligations under these Terms, at its sole discretion, with 30 days’ prior notice. Your right to terminate these Terms at any time pursuant to Section 16 remains unaffected.
+
+These Terms are a legally-binding agreement between you and Reddit, Inc. If you have any questions about these terms, please contact us.
+
+18. Contact Details
+Reddit, Inc.
+1455 Market Street, Suite 1600
+San Francisco, CA 94103
+United States
+
+The following representative is authorized to receive service in Germany on behalf of Reddit, Inc. for administrative and judicial proceedings within the meaning of Section 5(1) of the Network Enforcement Act:
+
+Taylor Wessing PartG mbB
+- NetzDG-Zustellungen -
+Am Sandtorkai 41
+20457 Hamburg
+Germany
+
+This authorization to receive service relates exclusively to service in respect of unlawful content within the meaning of Section 1(3) of the Network Enforcement Act.

sample-terms-and-conditions/spotify.txt

@@ -0,0 +1,220 @@
+Spotify Terms of Use
+Effective as of: September 1st, 2021
+
+Introduction
+
+The Spotify Service Provided by Us
+
+Your Use of the Spotify Service
+
+Content and Intellectual Property Rights
+
+Customer Support, Information, Questions, Complaints
+
+Problems and Disputes
+
+About These Terms
+
+1. Introduction
+Please read these Terms of Use (these "Terms") carefully as they govern your use of (which includes access to) Spotify's personalized services for streaming music and other content, including all of our websites and software applications that incorporate or link to these Terms (collectively, the "Spotify Service") and any music, videos, podcasts, or other material that is made available through the Spotify Service (the "Content").
+
+Use of the Spotify Service may be subject to additional terms and conditions presented by Spotify, which are hereby incorporated by this reference into these Terms.
+
+By signing up for, or otherwise using, the Spotify Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the Spotify Service or access any Content.
+
+THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 6 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
+
+Service Provider
+These Terms are between you and Spotify USA Inc, 4 World Trade Center, 150 Greenwich Street, 62nd Floor, New York, NY, 10007.
+
+Age and eligibility requirements
+BY USING THE SPOTIFY SERVICE, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF YOU ARE NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS. Additionally, in order to use the Spotify Service and access any Content, you represent that: you reside in the United States, and any registration and account information that you submit to Spotify is true, accurate, and complete, and you agree to keep it that way at all times.
+
+2. The Spotify Service Provided by Us
+Spotify Service options
+We provide numerous Spotify Service options. Certain Spotify Service options are provided free-of-charge, while other options require payment before they can be accessed (the "Paid Subscriptions"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.
+
+Trials
+From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). By using a Spotify Service via a Trial, you agree to the Spotify Premium Promotional Offer Terms.
+
+Third-Party applications, devices and open source software
+The Spotify Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. Spotify does not guarantee that Third-Party Applications and Devices will be compatible with the Spotify Service.
+
+Service limitations and modifications
+We use reasonable efforts to keep the Spotify Service operational and to provide you with a personalized, immersive audio experience. However, our service offerings and their availability may change from time to time, without liability to you; for example:
+
+The Spotify Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
+We aim to evolve and improve the Spotify Service constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the Spotify Service (including particular functions, features, subscription plans, and promotional offerings);
+Spotify has no obligation to provide any specific content through the Spotify Service, and Spotify or the applicable owners may remove particular songs, videos, podcasts, and other Content without notice.
+If you have prepaid fees directly to Spotify for a Paid Subscription that Spotify permanently discontinues prior to the end of your Pre-Paid Period (as that term is defined in the Payments and cancellations section below), Spotify will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. Your account and billing information must be up to date in order for us to refund you.
+
+Spotify has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.
+
+3. Your Use of the Spotify Service
+Creating a Spotify account
+You may need to create a Spotify account to use all or part of the Spotify Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.
+
+Spotify may reclaim, or require you to change, your username for any reason.
+
+Your rights to use the Spotify Service
+Access to the Spotify Services
+Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Spotify Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Spotify. You agree that you will not redistribute or transfer the Spotify Service or the Content.
+
+The Spotify software applications and the Content are licensed, not sold or transferred to you, and Spotify and its licensors retain ownership of all copies of the Spotify software applications and Content even after installation on your Devices.
+
+Spotify's Proprietary Rights
+The Spotify Service and the Content are the property of Spotify or Spotify's licensors. All Spotify trademarks, service marks, trade names, logos, domain names, and any other features of the Spotify brand ("Spotify Brand Features") are the sole property of Spotify or its licensors. These Terms do not grant you any rights to use any Spotify Brand Features whether for commercial or non-commercial use.
+
+You agree to abide by the Spotify User Guidelines and not to use the Spotify Service, the Content, or any part thereof in any manner not expressly permitted by these Terms.
+
+Payments and cancellation
+Billing
+You may purchase a Paid Subscription directly from Spotify or through a third party either by:
+
+paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or
+pre-payment giving you access to the Spotify Service for a specific time period ("Pre-Paid Period").
+Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.
+
+If you purchase access to a Paid Subscription through a third party, separate terms and conditions with such third party may apply to your use of the Spotify Service in addition to these Terms. Please contact the third party regarding any refunds or to manage your subscription. If you purchase a Paid Subscription using a code, gift card, pre-paid offer, or other offer provided or sold by or on behalf of Spotify for access to a Paid Subscription ("Codes"), you hereby agree to the Spotify Card Terms.
+
+Price and tax changes
+Spotify may from time to time make changes to Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Spotify Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.
+
+Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
+
+Renewal and Cancellation
+With the exception of Paid Subscriptions for a Pre-Paid Period, your payment to Spotify or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support team here for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Spotify Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.
+
+If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated with your Code, or when there is an insufficient pre-paid balance to pay for the Spotify Service.
+
+User guidelines
+We've established guidelines for using the Spotify Service, to make sure the Spotify Service stays enjoyable for everyone ("Spotify User Guidelines"). In using the Spotify Service, you must comply with the Spotify User Guidelines, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.
+
+Brand accounts
+If you establish a Spotify account on behalf of a company, organization, entity, or brand (a "Brand," and such account a "Brand Account"), the terms "you" and "your," as used throughout these Terms (including other Spotify terms and conditions incorporated by reference herein), apply to both you and the Brand.
+
+If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms (including any other applicable Spotify terms and conditions) and to bind the Brand to these Terms.
+
+A Brand may follow users and create and share playlists, provided that the Brand does not take any action that implies an endorsement or commercial relationship between the Brand and the followed user, artist, songwriter, or any other person, unless the Brand has independently obtained the rights to imply such an endorsement. In addition, Brands must be transparent to our users about disclosing any endorsements or consideration provided to artists, songwriters, users, or any other party and must comply with all applicable laws, regulations, and codes of practice when engaging in the foregoing practices.
+
+Export control and sanctions
+Spotify's products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any U.S. government list of prohibited or restricted parties.
+
+You agree to comply with all applicable export and reexport control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC. Specifically, you agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Spotify under these Terms to any destination, entity, or person or for any end-use prohibited by the EAR, trade and economic sanctions maintained by OFAC, or any applicable laws or regulations of the United States or any other jurisdiction without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.
+
+4. Content and Intellectual Property Rights
+User Content
+The content you post on the Spotify Service
+Spotify users may post, upload, or otherwise contribute content to the Spotify Service ("User Content"). For the avoidance of doubt, "User Content" includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Spotify Service (including to the Spotify Support Community) by users.
+
+You are solely responsible for all User Content that you post.
+
+You promise that, with respect to any User Content you post on Spotify, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by Spotify pursuant to the license granted below, does not: (i) violate these Terms, including the Spotify User Guidelines, applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User Content by Spotify or any artist, band, label, or other individual or entity without the prior express written consent from Spotify or such individual or entity.
+
+In posting or sharing User Content or other information on the Spotify Service, please keep in mind that content and other information will be publicly accessible, and may be used and re-shared by others on the Spotify Service and across the web, so please use caution in posting or sharing on the Spotify Service, and be mindful of your account settings. Spotify is not responsible for what you or others post or share on the Spotify Service.
+
+Monitoring user content
+Spotify may, but has no obligation to, monitor or review User Content. Spotify reserves the right to remove or disable access to any User Content for any or no reason. Spotify may take these actions without prior notification to you.
+
+Licenses that you grant to us
+User Content
+You retain ownership of your User Content when you post it to the Spotify Service. However, in order for us to make your User Content available on the Spotify Service, we do need a limited license from you to that User Content. Accordingly, you hereby grant to Spotify a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Spotify Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
+
+Feedback
+If you provide ideas, suggestions, or other feedback in connection with your use of the Spotify Service or any Content ("Feedback"), such Feedback is not confidential and may be used by Spotify without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.
+
+Your Device
+You also grant to us the right (1) to allow the Spotify Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Spotify Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.
+
+Content experience
+In any part of the Spotify Service, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including Spotify's agreements with third parties.
+
+Some Content licensed by, provided to, created by, or otherwise made available by Spotify (e.g., podcasts or shows) may incorporate advertising or other promotional messages.
+
+Infringement claims
+Spotify respects the rights of intellectual property owners. If you believe that any Content infringes your copyright rights, please see the Spotify Copyright Policy.
+
+5. Customer Support, Information, Questions, and Complaints.
+Spotify support community
+The Spotify Support Community is a place for discussions and exchange of information, tips, and other materials related to the Spotify Service. By using the Spotify Support Community, you agree to the Community Terms.
+
+Customer support, information, questions, complaints
+For customer support with account- and payment-related questions ("Customer Support Queries"), please use Customer Support resources listed on the About Us section of our website.
+
+If you have any questions concerning the Spotify Service or these Terms (including any additional Spotify terms and conditions incorporated herein), please contact Spotify Customer Service by visiting the About Us section of our website. You may also contact us at the mailing address set forth in the "Service Provider" section at the start of these Terms.
+
+In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
+
+6. Problems and Disputes
+Suspending and terminating the Spotify Service
+These Terms will continue to apply to you until terminated by either you or Spotify. Spotify may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Spotify Service at any time if we believe you have breached any of these Terms, if we stop providing the Spotify Service or any material component thereof, or as we believe necessary to comply with applicable law. If you or Spotify terminate these Terms, or if Spotify suspends your access to the Spotify Service, you agree that Spotify shall have no liability or responsibility to you, and (except as expressly provided in these Terms) Spotify will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using the Spotify Service. To learn how to terminate your Spotify account, please use the Customer Support resources on our About Us page.
+
+The following sections shall survive termination: Sections 2 (The Spotify Service Provided by Us), 3 (Your Use of the Spotify Service) (except as set forth therein), 4 (Content and Intellectual Property Rights), 6 (Problems and Disputes), 7 (About These Terms), as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.
+
+Warranty disclaimers
+THE SPOTIFY SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, SPOTIFY AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER SPOTIFY NOR ANY OWNER OF CONTENT WARRANTS THAT THE SPOTIFY SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, SPOTIFY MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SPOTIFY SERVICE OR ANY HYPERLINKED WEBSITE, AND SPOTIFY IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SPOTIFY SHALL CREATE ANY WARRANTY ON BEHALF OF SPOTIFY. WHILE USING THE SPOTIFY SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
+
+Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.
+
+Limitation of liability and time for filing a claim
+YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SPOTIFY SERVICE IS TO UNINSTALL ANY SPOTIFY SOFTWARE AND TO STOP USING THE SPOTIFY SERVICE. YOU AGREE THAT SPOTIFY HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SPOTIFY SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SPOTIFY, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.
+
+IN NO EVENT WILL SPOTIFY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SPOTIFY SERVICE, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SPOTIFY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SPOTIFY SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO SPOTIFY DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM; OR $30.00.
+
+For clarification, these Terms do not limit Spotify's liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.
+
+ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
+
+Third party rights
+You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and Spotify, and in no event shall these Terms create any third-party beneficiary rights.
+
+If you have downloaded any of our mobile software applications (each, an "App") from the Apple Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Spotify only, not with Apple, and Apple is not responsible for the Spotify Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Spotify Service. In the event of any failure of the Spotify Service to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Spotify Service. Apple is not responsible for addressing any claims by you or any third party relating to the Spotify Service or your possession or use of the Spotify Service, including: (1) product liability claims; (2) any claim that the Spotify Service fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Spotify Service or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Spotify Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
+
+Indemnification
+You agree to indemnify and hold Spotify harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional Spotify terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Spotify Service; and (4) your violation of any law or the rights of a third party.
+
+Governing law, mandatory arbitration and venue
+Governing law and jurisdiction
+These Terms are governed by and shall be construed in accordance with the laws of the State of California, United States of America, without regard to California's choice or conflicts of law principles. Further, you and Spotify agree to the jurisdiction of the federal and state courts located in Northern California, California, to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms or the Spotify Service that is not subject to mandatory arbitration under the Arbitration Agreement below, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
+
+ARBITRATION AGREEMENT
+This Arbitration Agreement section sets forth the terms and conditions pursuant to which disputes, claims and controversies between you and Spotify will be resolved through arbitration ("Arbitration Agreement").
+
+Dispute resolution and arbitration
+You and Spotify agree that any dispute, claim, or controversy between you and Spotify arising in connection with or relating in any way to these Terms or to your relationship with Spotify as a user of the Spotify Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. You and Spotify further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees and costs only where allowable under applicable law), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.
+
+Exceptions
+You and Spotify both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to bring an individual action (1) in a U.S. small claims court or (2) in a court of law, in accordance with the jurisdiction and venue described in the Dispute Resolution and Arbitration section above, seeking (a) only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator or (b) public injunctive relief, pending a ruling on the substance of such claim from the arbitrator. In addition, this Arbitration Agreement doesn't stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
+
+No class Or representative proceedings; class action waiver
+YOU AND SPOTIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Spotify agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
+
+Arbitration rules
+Either you or we may start arbitration proceedings. Any arbitration between you and Spotify will take place under the Consumer Arbitration Rules of the American Arbitration Association ("AAA") then in force (the "AAA Rules"), as modified by this Arbitration Agreement. You and Spotify agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.
+
+Any arbitration hearings will be conducted by phone or videoconference to the extent possible, but if the arbitrator determines that a hearing should be conducted in person, the locale for such hearing shall be determined by the arbitrator in accordance with the AAA Rules.
+
+If you choose to file an arbitration proceeding and you are required to pay a filing fee, Spotify will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. Spotify will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA Rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
+
+Notice; process
+A party who intends to seek arbitration must first send a written notice of the dispute to the other, by electronic mail to legal@spotify.com and by certified mail, Federal Express, UPS, or Express Mail (signature required) to the address below ("Notice"). Spotify's address for Notice is: Spotify USA Inc., Attn: General Counsel, 4 World Trade Center, 150 Greenwich Street, 62nd Floor, New York, New York 10007, USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Spotify may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Spotify shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of Spotify's last written settlement offer, then Spotify will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
+
+Enforceability
+If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in the 'Governing law and jurisdiction' section above shall govern with respect to any aspect of any dispute, claim or controversy that, as a result of such invalidation, is no longer governed by this Arbitration Agreement.
+
+7. About These Terms
+Under applicable law, you may have certain rights that can't be limited by a contract. These Terms are in no way intended to restrict those rights.
+
+Changes
+We may make changes to these Terms (including any additional Spotify terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the applicable Spotify Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message or other prominent notice within the Service, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which the Terms were changed. Your use of the Spotify Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the Spotify Service under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.
+
+Entire agreement
+Other than as stated in this section or as explicitly agreed upon in writing between you and Spotify, these Terms constitute all the terms and conditions agreed upon between you and Spotify and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. As noted above, other terms and conditions governing use of the Spotify Service are incorporated herein by reference, including the following terms and conditions: the Spotify Premium Promotional Offer Terms; Spotify's Card Terms; the Spotify User Guidelines; the Spotify Copyright Policy; and the Spotify Support Community Terms.
+
+Severability and waiver
+Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
+
+Any failure by Spotify or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive Spotify's or the applicable third-party beneficiary's right to do so.
+
+Assignment
+Spotify may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.

sample-terms-and-conditions/startpage.txt

@@ -0,0 +1,58 @@
+We don't collect any "personal data"
+If information isn’t collected, it can’t be stolen, demanded, leaked or abused. Protecting your personal data is the best way to safeguard your online privacy.
+
+How we define "personal data"
+Our definition of personal data is based on the privacy laws and regulations of the EU, including the General Data Protection Regulation (GDPR). These are widely regarded as the strongest privacy protections in the world. We consider any information about you or your behavior that can be traced back to you as personal data.
+
+Information we don’t collect
+
+So let’s be perfectly clear:
+
+We don’t record your IP address
+The only exception is for automated search requests (robots) that rapidly submit more queries to our servers than any normal human would. When our software detects potential abuse, we register and block the offending IP address in order to keep our service safe and free.
+We don’t serve any tracking or identifying cookies
+This is about "good" and "bad" cookies. Cookies are small pieces of data that are sent to your hard drive by websites you visit. "Bad" cookies have unique elements that can track all kinds of personal information. We don’t serve any of those. Startpage uses just one "good" cookie called "preferences" in order to remember the search preferences you choose. It’s completely anonymous and expires after not visiting Startpage for 90 days.
+We don't record your search queries
+When you search, your query is automatically stripped of unnecessary metadata including your IP address and other identifying information. We send the anonymized search query to Google and return the search results to you. We don’t log your searches.
+
+To prevent abuse such as robotic high-volume querying, we anonymously determine the frequency of popular search keywords as a part of our anti-abuse measures, while protecting your privacy.
+
+How we have implemented truly anonymous analytics
+We do measure overall traffic numbers and some other – strictly anonymous – statistics. These stats may include the number of times our service is accessed by a certain operating system, a type of browser, a language, etc., but we don’t know anything about individual users.
+
+How we keep Startpage free without using "personal data"
+Most online advertising today is personalized, meaning that online advertising services track what you do online and profile you in order to serve tailored ads. We don’t do that at Startpage. No tracking. No profiling!
+
+Our search result pages may include a small number of clearly labeled "sponsored links," which generate revenue and cover our operational costs. Those links are retrieved from platforms such as Google AdSense. In order to enable the prevention of click fraud, some non-identifying system information is shared, but because we never share personal information or information that could uniquely identify you, the ads we display are not connected to any individual user.
+
+It’s a myth that search engines need to profile you in order to earn decent money. Startpage serves strictly non-personalized ads. Sure, our ads make only a fraction of what other search engine ads make, but they pay all our bills.
+
+What happens to your data beyond Startpage search
+Once you click on a search result, you leave our site and our privacy protection. This is true for sponsored links, search results and other external links, unless you use our proprietary feature “Anonymous View” feature – shown next to the search results. This is a great privacy tool that allows you to continue to browse in full privacy.
+
+Startpage's video search results are delivered in full privacy, provided by YouTube API Services. When clicking on video links, you will be redirected to YouTube, and subject to their YouTube Terms of Service and Google Privacy Policy.
+
+We don't disclose or sell your contact information
+When you contact us via email or through our support center, we’ll use your contact information to respond to you. We won’t sell or share this info with anyone else. You’ll have the option to subscribe to our newsletter, from which you can unsubscribe at any time.
+
+How we respond to governmental requests for data
+They can’t request what we don’t have. Any request will have to come from Dutch judicial authorities. We’ll only comply if we’re legally obliged to do so. But we’re not likely to receive requests by governments to hand over user data – simply because we don’t have any.
+
+We will never comply with any voluntary surveillance program
+Fortunately, we are based in the EU, where we have strong laws that protect your right to privacy. European governments can’t legally force service providers like Startpage to implement a blanket spying program.
+
+Startpage complies with the GDPR
+We are located in the EU, and we fully comply with applicable privacy laws and regulations of the EU, including the General Data Protection Regulation (GDPR). These are widely regarded as the strongest privacy protections in the world.
+
+Looking for a quick win to improve your own GDPR compliance? Setting Startpage as the default search engine on all your organization’s IT equipment will help you minimize the amount of personal data that is processed by or for your organization. This can also help you implement important privacy principles, such as data minimization, storage limitation, privacy by design and privacy by default.
+
+In the EU you have a "right to be forgotten"
+Citizens in the EU have the right to request the deletion of search results that disclose their personal data when those results are inaccurate or no longer relevant. Find out how we have implemented this right here.
+
+Dutch Data Protection Authority
+We are always here to help. If you have any feedback or complaint about our services in general, or more specifically about how your privacy is protected when you use our services, please let us know via the contact details below. In accordance with EU privacy laws and regulations, you have the right to lodge a complaint with the national supervisory authority responsible for the protection of personal data if you think we have unlawfully processed your personal data. For the Netherlands, this supervisory authority is the Dutch Data Protection Authority, which you can contact here.
+
+Our company and contact information
+Still have privacy questions?
+
+Startpage is owned and operated by Startpage BV, Postbus 1079, 3700 BB Zeist, The Netherlands. Representative for the Privacy Policy is Robert E.G. Beens. You can contact us at privacypolicy@startpage.com

sample-terms-and-conditions/wikihow.txt

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+wikiHow:Terms of Use
+At wikiHow, our mission is to empower every person on the planet to learn how to do anything. We do this by collaborating to create the world’s most helpful instructions. Before you read our detailed, legally binding Terms of Use, here is a non-legalese summary of some key information about reading or contributing to wikiHow:
+
+You continue to own the copyrights of the content you submit to wikiHow. That said, by posting your content on wikiHow you give us multiple rights to use and change it (see “User Content License Grants” below for details).
+Our community of editors (as opposed to the lawyers who wrote the terms of service below) has developed detailed guidelines about how to contribute to wikiHow. You can learn more by reading our Writer's Guide.
+We license all User Content text on wikiHow under a Creative Commons license. Read more here. If you want to republish wikiHow content under the terms of this license please follow our attribution guidelines.
+We release most of our software under an Open Source license. You can learn more here.
+We value your privacy. Read more at our Privacy Policy and Cookie Policy.
+If you would like to have your wikiHow account and all personal data deleted from our site, we will be happy to do so. Just email wiki@wikiHow.com with the subject line "Account deletion request" and provide your wikiHow user name.
+If you have a question, concern or just want to offer a note of thanks, you can email us at wiki@wikiHow.com.
+Please see below for our official Terms of Use. We encourage you to read them carefully. Thank you for using and contributing to wikiHow. We appreciate your support in promoting our goal of sharing information freely around the world.
+
+Introduction
+Welcome to wikiHow, the website, mobile, and online services of wikiHow, Inc. (“wikiHow,” “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the wikiHow Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
+
+
+PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
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+
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+Use of Our Service
+wikiHow provides a place for users to learn how to do things and to share how-to knowledge with others. Our goal is to create the world’s most helpful instructions, thus empowering every person on the planet to learn how to do anything. We appreciate your valuable contributions to the Service.
+
+A. Eligibility.
+
+You may use the Service only if you can form a binding contract with wikiHow, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. The Service is not available to any Users previously removed from the Service by wikiHow. Any use of the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. Notwithstanding the foregoing, a child under the age of 13 may use the site if we receive a signed permission form from the child’s parent or legal guardian. The permission form can be found here.
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+B. wikiHow Service.
+
+Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. wikiHow may terminate this license at any time for any reason or no reason. Subject to the terms and conditions hereof, wikiHow further grants to each User of the Service, a license to use any or all text contained in any article found on the Service in accordance with the terms of the Creative Commons CC BY-NC-SA 3.0 License. Under this license, you may freely use, copy, and distribute such text for non-commercial purposes so long as you follow our attribution requirements. Please carefully read the full terms and conditions here. wikiHow reserves all rights not expressly granted herein in the Service and the wikiHow Content (as defined below).
+
+C. wikiHow Accounts.
+
+Your wikiHow account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. If you open a wikiHow account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to wikiHow with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
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+You may never use another User’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify wikiHow immediately of any breach of security or unauthorized use of your account. wikiHow will not be liable for any losses caused by any unauthorized use of your account.
+
+You may control your User profile and how you interact with the Service by changing the settings in your Preferences. By providing wikiHow your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your Preferences. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
+
+D. Service Rules.
+
+You agree not to engage in any of the following prohibited activities: (i) transmitting spam, chain letters, or other unsolicited email; (ii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through the Service; (v) collecting or harvesting any personally identifiable information, including account names from the Service; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud; (viii) interfering with the proper working of the Service; (ix) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (x) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
+
+If you operate a search engine or robot, or if you republish a significant fraction of all wikiHow Content (as we may determine in our reasonable discretion), you must follow these rules:
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+You must use a descriptive user agent header;
+You must provide prominent attribution to wikiHow;
+You must follow robots.txt at all times; and
+You must make it clear how to contact you, either in your user agent string, or on your website if you have one.
+We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
+
+You are solely responsible for your interactions with other wikiHow Users. We reserve the right but have no obligation to monitor disputes between you and other Users. wikiHow shall have no liability for your interactions with other Users, or for any User’s action or inaction.
+
+Trusted Users
+wikiHow may provide certain Users with administrative privileges in order to monitor or provide certain aspects of the Service (“Trusted Users”). These privileges may include, without limitation, the ability to remove User Content provided by other Users or monitor other Users’ use of the Service. For the avoidance of doubt, wikiHow Trusted Users include, but are not limited to, “Admins” (aka SysOps or Administrators) and “New Article Boosters”. You acknowledge that wikiHow may revoke your status as a Trusted User at any time for any reason or no reason, and may require you to enter into further agreements with wikiHow depending on your role.
+
+If you are a Trusted User, you acknowledge that you may have access to the personal information of other Users, and you represent and warrant that you will handle that information in accordance with the wikiHow Privacy Policy and the confidentiality obligations contained herein. You further acknowledge that you may have access to wikiHow Confidential Information (as defined below), and you represent and warrant, at all times you are serving as a Trusted User and thereafter, to hold in strictest confidence, and not to use, except for the benefit of wikiHow to the extent necessary to perform authorized services on behalf of wikiHow, and not to disclose to any person, firm, corporation or other entity, without written authorization from wikiHow in each instance, any wikiHow Confidential Information that you obtain from wikiHow or otherwise obtain, access or create in connection with, or as a result of, your relationship with wikiHow or your performance of any services as a Trusted User, until such wikiHow Confidential Information becomes publicly and widely known and made generally available through no wrongful act of you or of others who were under confidentiality obligations as to the item or items involved. You further agree not to make copies of such wikiHow Confidential Information, except as expressly authorized by wikiHow and to return to wikiHow or delete any copies or materials containing wikiHow Confidential Information upon wikiHow’s request.
+
+You understand that “wikiHow Confidential Information” means information and physical material not generally known or available outside wikiHow, and information and physical material entrusted to wikiHow in confidence by third parties. wikiHow Confidential Information includes, without limitation: technical data, analytical data, User Internet Protocol (IP) addresses, any personal information relating to Users, software codes and designs, algorithms, non-public business information, and any other non-public information to which you gain access while serving as a Trusted User.
+
+User Content
+The Service allows Users to post content such as profile information, instructional and informational materials, photographs, images, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with this Agreement (see “User Content License Grants” below). wikiHow has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
+
+You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. wikiHow reserves the right, but is not obligated, to reject and/or remove any User Content that wikiHow believes, in its sole discretion, violates these provisions or is otherwise inappropriate for the Service. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
+
+For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
+
+In connection with your User Content, you affirm, represent, and warrant the following:
+
+A. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
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+B. Your User Content and wikiHow’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
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+C. wikiHow may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
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+D. To the best of your knowledge, all of your User Content and other information that you provide to us is truthful and accurate.
+
+wikiHow takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that wikiHow shall not be liable for any damages you allege to incur as a result of User Content.
+
+User Content License Grants
+A. License Grant to wikiHow.
+
+By posting any User Content on the Service, you expressly grant, represent, and warrant that you have all rights necessary to grant to wikiHow a royalty-free, sublicensable, assignable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and wikiHow’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You will continue to own any User Content you post to the Service, and you are free to distribute it in any way you please, whether for commercial or non-commercial purposes.
+
+B. License Grants to Users
+
+
+(1) Text Content. All text posted by Users to the Service is sub-licensed by wikiHow to other Users under a Creative Commons license as provided herein. The Creative Commons license allows such text content be used freely for non-commercial purposes, so long as it is used and attributed to the original author as specified under the terms of the license. Allowing free republication of our articles helps wikiHow achieve its mission by providing instruction on solving the problems of everyday life to more people for free. In order to support this goal, wikiHow hereby grants each User of the Service a license to all text content that Users contribute to the Service under the terms and conditions of a Creative Commons CC BY-NC-SA 3.0 License. Please be sure to read the terms of the license carefully. You continue to own all right, title, and interest in and to your User Content, and you are free to distribute it as you wish, whether for commercial or non-commercial purposes.
+
+(2) Image Content. When you upload images to the Service, you may select among various licenses under which wikiHow may distribute and sublicense your image-based User Content. wikiHow hereby grants to Users of the Service all rights specified under the terms of the license under which any image-based User Content is licensed to wikiHow.
+
+Third Party Content: YouTube Videos
+Certain wikiHow pages contain third party content in the form of embedded videos from the YouTube API Service. Your use of these videos is governed by YouTube's Terms of Service, which you may read in full on the YouTube Website.
+
+Mobile Software
+A. Mobile Software.
+
+We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. wikiHow does not warrant that the Mobile Software will be compatible with your mobile device. wikiHow hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one wikiHow account on one mobile device owned or leased solely by you, for your personal use. Frequently, wikiHow releases mobile software under an open source license. The particular terms of the license governing your use of the software will be displayed to you prior to downloading the software. By downloading and using the software, you agree to the terms of any applicable license. You acknowledge that wikiHow may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and wikiHow or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. wikiHow reserves all rights not expressly granted under this Agreement or the open source licenses associated with the software. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the wikiHow Service.
+
+B. Mobile Software from iTunes.
+
+The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and wikiHow, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to wikiHow as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to wikiHow as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, wikiHow, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and wikiHow acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
+
+Our Proprietary Rights
+Except for your User Content, any User contributed article text, or as expressly provided herein, the Service and all materials therein or transferred thereby, including, without limitation, software, images, graphics, illustrations, text, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “wikiHow Content”), and all Intellectual Property Rights related thereto, are the exclusive property of wikiHow and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any wikiHow Content. Use of the wikiHow Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
+
+
+You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place wikiHow under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, wikiHow does not waive any rights to use similar or related ideas previously known to wikiHow, or developed by its employees, or obtained from sources other than you.
+
+wikiHow Property
+Certain aspects of the Service may allow you to obtain certain reputational or status indicators (“wikiHow Property”). You understand and agree that regardless of terminology used, wikiHow Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at wikiHow’s sole discretion. wikiHow Property is not redeemable for any sum of money or monetary value from wikiHow at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of wikiHow on wikiHow servers, including without limitation any data representing or embodying any or all of your wikiHow Property. You agree that wikiHow has the absolute right to manage, regulate, control, modify and/or eliminate wikiHow Property as it sees fit in its sole discretion, in any general or specific case, and that wikiHow will have no liability to you based on its exercise of such right. All data on wikiHow’s servers are subject to deletion, alteration, or transfer.
+
+NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY, AND ACCOUNT CONTENT RESIDING ON WIKIHOW’S SERVERS, MAY BE DELETED, ALTERED, MOVED, OR TRANSFERRED AT ANY TIME FOR ANY REASON IN WIKIHOW’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. WIKIHOW DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON WIKIHOW’S SERVERS.
+
+Medical Information
+Any medically related content, whether User Content or otherwise found on the Service, is not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created. If you think you may have a medical emergency, call your doctor or your local emergency number immediately. The Service is not a substitute for professional medical advice, examination, diagnosis, or treatment. You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on any User Content or other content provided by or otherwise found on the Service. You should always seek the advice of your physician or other qualified healthcare professional before starting or changing treatment. The Service should not be used to diagnose, treat, cure, or prevent disease without supervision of a doctor or qualified healthcare provider. The Service does not recommend or endorse any tests, physicians, products, procedures, opinions, or other information found on the Service. The Service is not regulated by the Food and Drug Administration or any state or national medical board. Information posted to wikiHow publicly or sent in an unsolicited message to a User is not confidential and does not establish a physician-patient relationship without the express consent of the User providing any medically related User Content.
+
+
+
+Legal Information
+User Content relating to legal issues and any other legal information appearing on the Service is not intended to be legal advice, nor is it intended to form an attorney-client relationship. If you believe that you have a legal claim, contact an attorney licensed in your state (or country) immediately to discuss your options. Most state bar associations have services to aid you in finding an attorney. For example, California residents should visit [1]. The Service is provided for informational purposes only, with no assurance that the any content found on the Service is true, correct, or accurate. No action should be taken, delayed, or deferred based on the anything found on the Service. The Service is not a substitute for professional legal advice or a solicitation to offer legal advice regarding specific facts. Should you ignore this warning and send specific or confidential information in a private message or post it as a comment, there is no duty to keep that information confidential or to discontinue or forego any representation adverse to your interests. You should not delay or forego seeking legal advice or disregard professional legal advice based on anything found on the Service. Delay in seeking such legal advice could result in waiver of any claims you may have, depending on the applicable statute(s) of limitations. The Service is not regulated by any state or national bar association. Information posted to wikiHow publicly or sent in an unsolicited message to a User is not confidential and does not establish attorney-client relationship without the express consent of the User.
+
+Privacy
+We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to, and processed in the United States.
+
+Security
+wikiHow cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
+
+DMCA Notice
+Since we respect artist and content owner rights, it is wikiHow’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
+
+If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify wikiHow’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
+
+1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
+
+2. Identification of the copyrighted work that you claim has been infringed;
+
+3. Identification of the material that is claimed to be infringing and where it is located on the Service;
+
+4. Information reasonably sufficient to permit wikiHow to contact you, such as your address, telephone number, and, e-mail address;
+
+5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
+
+6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to the following DMCA Agent:
+
+Attn: DMCA Notice
+
+wikiHow, Inc.
+Address:
+530 Lytton Avenue, 2nd Floor
+Palo Alto, CA 94301
+Telephone: (650) 492-8008
+Email: wiki@wikiHow.com
+
+UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
+
+Please note that this procedure is exclusively for notifying wikiHow and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with wikiHow’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, wikiHow has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. wikiHow may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
+
+Third-Party Links
+The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by wikiHow. wikiHow does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and wikiHow’s Privacy Policy do not apply to your use of such sites. You expressly relieve wikiHow from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that wikiHow shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
+
+
+
+Indemnity
+You agree to defend, indemnify, and hold harmless wikiHow and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
+
+No Warranty
+THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIKIHOW OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WIKIHOW, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
+
+WIKIHOW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WIKIHOW SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WIKIHOW WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
+
+Limitation of Liability
+TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WIKIHOW, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL WIKIHOW BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
+
+TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WIKIHOW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WIKIHOW, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO WIKIHOW HEREUNDER OR $100.00, WHICHEVER IS GREATER.
+
+THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WIKIHOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
+
+SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
+
+The Service is controlled and operated from facilities in the United States. wikiHow makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
+
+Governing Law and Arbitration.
+A. Governing Law.
+
+You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over wikiHow, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
+
+B. Arbitration.
+
+For any dispute with wikiHow, you agree to first contact us at wiki@wikiHow.com and attempt to resolve the dispute with us informally. In the unlikely event that wikiHow has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any wikiHow claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Santa Clara County, California, unless you and wikiHow agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WIKIHOW ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
+
+General
+A. Assignment.
+
+This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by wikiHow without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
+
+B. Notification Procedures and Changes to the Agreement.
+
+wikiHow may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by wikiHow in our sole discretion. wikiHow reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. wikiHow is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. wikiHow may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date on this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
+
+C. Entire Agreement/Severability.
+
+This Agreement, together with any amendments and any additional agreements you may enter into with wikiHow in connection with the Service, shall constitute the entire agreement between you and wikiHow concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
+
+D. No Waiver.
+
+No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and wikiHow’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
+
+E. Contact.
+
+Please contact us at wiki@wikiHow.com with any questions regarding this Agreement.
+
+General Questions and Help
+Please contact Chris Hadley
+Email wiki@wikiHow.com
+Advertisers please contact: ads@wikiHow.com
+Snail Mail
+wikiHow, Inc.
+530 Lytton Avenue, 2nd Floor
+Palo Alto, CA 94301
+
+Press Inquiries
+Email media@wikiHow.com
+Call 650-492-8008
+Community Liaison
+Please contact Jayne
+Email jayne@wikiHow.com
+
+
+This Agreement was last modified on 4, December 2012.

sample-terms-and-conditions/wikipedia.txt

@@ -0,0 +1,228 @@
+Our Terms of Use
+Imagine a world in which every single human being can freely share in the sum of all knowledge. That's our commitment. – Our Vision Statement
+
+Welcome to Wikimedia! The Wikimedia Foundation, Inc. (“we” or “us”), is a nonprofit charitable organization whose mission is to empower and engage people around the world to collect and develop content under a free license or in the public domain, and to disseminate it effectively and globally, free of charge.
+
+To support our vibrant community, we provide the essential infrastructure and organizational framework for the development of multilingual wiki Projects and their editions (as explained here) and other endeavors which serve this mission. We strive to make and keep educational and informational content from the Projects available on the internet free of charge, in perpetuity.
+
+We welcome you (“you” or the “user”) as a reader, editor, author, or contributor of the Wikimedia Projects, and we encourage you to join the Wikimedia community. Before you participate, however, we ask that you please read and agree to the following Terms of Use (“Terms of Use”).
+
+Overview
+These Terms of Use tell you about our public services at the Wikimedia Foundation, our relationship to you as a user, and the rights and responsibilities that guide us both. We want you to know that we host an incredible quantity of educational and informational content, all of which is contributed and made possible by users like yourself. Generally we do not contribute, monitor, or delete content (with the rare exception of policies like these Terms of Use or legal compliance for DMCA notices). This means that editorial control is in the hands of you and your fellow users who create and manage the content. We merely host this content.
+
+The community – the network of users who are constantly building and using the various sites or Projects – are the principal means through which the goals of the mission are achieved. The community contributes to and helps govern our sites. The community undertakes the critical function of creating and enforcing policies for the specific Project editions (such as the different language editions for the Wikipedia Project or the Wikimedia Commons multi-lingual edition).
+
+You are welcome to join as a contributor, editor, or author, but you should follow the policies that govern each of the independent Project editions. The largest of our Projects is Wikipedia, but we host other Projects too, each with different objectives and work methods. Each Project edition has a team of contributors, editors or authors who work together to create and manage the content on that Project edition. You are welcome to join these teams and work with them to improve these Projects. Because we are dedicated to making content freely accessible to the public, we generally require that all content you contribute is available under a free license or in the public domain.
+
+Please be aware that you are legally responsible for all of your contributions, edits, and re-use of Wikimedia content under the laws of the United States of America and other applicable laws (which may include the laws where you live or where you view or edit content). This means it is important that you use caution when posting content. In light of this responsibility, we have some rules about what you cannot post, most of which is either for your own protection or for the protection of other users like yourself. Please keep in mind that the content we host is for general informational purposes only, so if you need expert advice for a particular question (such as medical, legal, or financial issues), you should seek the help of a licensed or qualified professional. We also include other important notices and disclaimers, so please read these Terms of Use in their entirety.
+
+For clarity, other organizations, such as local Wikimedia chapters and associations, that may share in the same mission are nevertheless legally independent and separate from the Wikimedia Foundation and have no responsibility for the operations of the website or its content.
+
+
+Contents
+Our Terms of Use
+Overview
+1. Our Services
+2. Privacy Policy
+3. Content We Host
+4. Refraining from Certain Activities
+5. Password Security
+6. Trademarks
+7. Licensing of Content
+8. DMCA Compliance
+9. Third-party Websites and Resources
+10. Management of Websites
+11. Resolutions and Project Policies
+12. Termination
+13. Disputes and Jurisdiction
+14. Disclaimers
+15. Limitation on Liability
+16. Modifications to these Terms of Use
+17. Other Terms
+Thank You!
+1. Our Services
+The Wikimedia Foundation is dedicated to encouraging the growth, development and distribution of free multilingual content, and to hosting the full content of these wiki-based Projects for the public free of charge. Our role is to host some of the largest collaboratively edited reference Projects in the world, which can be found here. However, we act only as a hosting service, maintaining the infrastructure and organizational framework that allows our users to build the Wikimedia Projects by contributing and editing content themselves. Because of our unique role, there are a couple of things you should be aware of when considering our relationship to you, the Projects, and the other users:
+
+We do not take an editorial role: Because the Wikimedia Projects are collaboratively edited, all of the content that we host is provided by users like yourself, and we do not take an editorial role. This means that we generally do not monitor or edit the content of the Project websites, and we do not take any responsibility for this content. Similarly, we do not endorse any opinions expressed via our services, and we do not represent or guarantee the truthfulness, accuracy, or reliability of any submitted community content. Instead, we simply provide access to the content that your fellow users have contributed and edited.
+You are responsible for your own actions: You are legally responsible for your edits and contributions on Wikimedia Projects, so for your own protection you should exercise caution and avoid contributing any content that may result in criminal or civil liability under any applicable laws. For clarity, applicable law includes at least the laws of the United States of America. Although we may not agree with such actions, we warn editors and contributors that authorities may seek to apply other country laws to you, including local laws where you live or where you view or edit content. WMF generally cannot offer any protection, guarantee, immunity or indemnification.
+2. Privacy Policy
+We ask that you review the terms of our Privacy Policy, so that you are aware of how we collect and use your information. Because our services are used by people all over the world, personal information that we collect may be stored and processed in the United States of America or any other country in which we or our agents maintain facilities. By using our services, you consent to any such transfer of information outside your country.
+
+3. Content We Host
+You may find some material objectionable or erroneous: Because we provide a wide array of content that is produced or gathered by fellow users, you may encounter material that you find offensive, erroneous, misleading, mislabeled, or otherwise objectionable. We therefore ask that you use common sense and proper judgment when using our services.
+Our content is for general informational purposes only: Although we host a great deal of information that pertains to professional topics, including medical, legal, or financial issues, this content is presented for general informational purposes only. It should not be taken as professional advice. Please seek independent professional counseling from someone who is licensed or qualified in the applicable area in lieu of acting on any information, opinion, or advice contained in one of the Project websites.
+4. Refraining from Certain Activities
+The Projects hosted by the Wikimedia Foundation only exist because of the vibrant community of users like you who collaborate to write, edit, and curate the content. We happily welcome your participation in this community. We encourage you to be civil and polite in your interactions with others in the community, to act in good faith, and to make edits and contributions aimed at furthering the mission of the shared Project.
+
+Certain activities, whether legal or illegal, may be harmful to other users and violate our rules, and some activities may also subject you to liability. Therefore, for your own protection and for that of other users, you may not engage in such activities on our sites. These activities include:
+
+Harassing and Abusing Others
+Engaging in harassment, threats, stalking, spamming, or vandalism; and
+Transmitting chain mail, junk mail, or spam to other users.
+Violating the Privacy of Others
+Infringing the privacy rights of others under the laws of the United States of America or other applicable laws (which may include the laws where you live or where you view or edit content);
+Soliciting personally identifiable information for purposes of harassment, exploitation, violation of privacy, or any promotional or commercial purpose not explicitly approved by the Wikimedia Foundation; and
+Soliciting personally identifiable information from anyone under the age of 18 for an illegal purpose or violating any applicable law regarding the health or well-being of minors.
+Engaging in False Statements, Impersonation, or Fraud
+Intentionally or knowingly posting content that constitutes libel or defamation;
+With the intent to deceive, posting content that is false or inaccurate;
+Attempting to impersonate another user or individual, misrepresenting your affiliation with any individual or entity, or using the username of another user with the intent to deceive; and
+Engaging in fraud.
+Committing Infringement
+Infringing copyrights, trademarks, patents, or other proprietary rights under applicable law.
+Misusing Our Services for Other Illegal Purposes
+Posting child pornography or any other content that violates applicable law concerning child pornography;
+Posting or trafficking in obscene material that is unlawful under applicable law; and
+Using the services in a manner that is inconsistent with applicable law.
+Engaging in Disruptive and Illegal Misuse of Facilities
+Posting or distributing content that contains any viruses, malware, worms, Trojan horses, malicious code, or other device that could harm our technical infrastructure or system or that of our users;
+Engaging in automated uses of the site that are abusive or disruptive of the services and have not been approved by the Wikimedia community;
+Disrupting the services by placing an undue burden on a Project website or the networks or servers connected with a Project website;
+Disrupting the services by inundating any of the Project websites with communications or other traffic that suggests no serious intent to use the Project website for its stated purpose;
+Knowingly accessing, tampering with, or using any of our non-public areas in our computer systems without authorization; and
+Probing, scanning, or testing the vulnerability of any of our technical systems or networks unless all the following conditions are met:
+such actions do not unduly abuse or disrupt our technical systems or networks;
+such actions are not for personal gain (except for credit for your work);
+you report any vulnerabilities to MediaWiki developers (or fix it yourself); and
+you do not undertake such actions with malicious or destructive intent.
+
+Paid contributions without disclosure
+These Terms of Use prohibit engaging in deceptive activities, including misrepresentation of affiliation, impersonation, and fraud. As part of these obligations, you must disclose your employer, client, and affiliation with respect to any contribution for which you receive, or expect to receive, compensation. You must make that disclosure in at least one of the following ways:
+a statement on your user page,
+a statement on the talk page accompanying any paid contributions, or
+a statement in the edit summary accompanying any paid contributions.
+Applicable law, or community and Foundation policies and guidelines, such as those addressing conflicts of interest, may further limit paid contributions or require more detailed disclosure.
+A Wikimedia Project community may adopt an alternative paid contribution disclosure policy. If a Project adopts an alternative disclosure policy, you may comply with that policy instead of the requirements in this section when contributing to that Project. An alternative paid contribution policy will only supersede these requirements if it is approved by the relevant Project community and listed in the alternative disclosure policy page.
+For more information, please read our FAQ on disclosure of paid contributions.
+We reserve the right to exercise our enforcement discretion with respect to the above terms.
+
+5. Password Security
+You are responsible for safeguarding your own password and should never disclose it to any third party.
+
+6. Trademarks
+Although you have considerable freedoms for re-use of the content on the Project websites, it is important that, at the Wikimedia Foundation, we protect our trademark rights so that we can protect our users from fraudulent impersonators. Because of this, we ask that you please respect our trademarks. All Wikimedia Foundation trademarks belong to the Wikimedia Foundation, and any use of our trade names, trademarks, service marks, logos, or domain names must be in compliance with these Terms of Use and in compliance with our Trademark Policy.
+
+7. Licensing of Content
+To grow the commons of free knowledge and free culture, all users contributing to the Projects are required to grant broad permissions to the general public to re-distribute and re-use their contributions freely, so long as that use is properly attributed and the same freedom to re-use and re-distribute is granted to any derivative works. In keeping with our goal of providing free information to the widest possible audience, we require that when necessary all submitted content be licensed so that it is freely reusable by anyone who cares to access it.
+
+You agree to the following licensing requirements:
+
+Text to which you hold the copyright: When you submit text to which you hold the copyright, you agree to license it under:
+Creative Commons Attribution-ShareAlike 3.0 Unported License (“CC BY-SA”), and
+GNU Free Documentation License (“GFDL”) (unversioned, with no invariant sections, front-cover texts, or back-cover texts).
+(Re-users may comply with either license or both.)
+
+The only exception is if the Project edition or feature requires a different license. In that case, you agree to license any text you contribute under that particular license. For example, at the publication of this version of the Terms of Use, English Wikinews mandates that all text content is licensed under the Creative Commons Attribution 2.5 Generic License (CC BY 2.5) and does not require a dual license with GFDL.
+
+Please note that these licenses do allow commercial uses of your contributions, as long as such uses are compliant with the terms.
+
+Attribution: Attribution is an important part of these licenses. We consider it giving credit where credit is due – to authors like yourself. When you contribute text, you agree to be attributed in any of the following fashions:
+Through hyperlink (where possible) or URL to the article to which you contributed (since each article has a history page that lists all authors and editors);
+Through hyperlink (where possible) or URL to an alternative, stable online copy that is freely accessible, which conforms with the license, and which provides credit to the authors in a manner equivalent to the credit given on the Project website; or
+Through a list of all authors (but please note that any list of authors may be filtered to exclude very small or irrelevant contributions).
+Importing text: You may import text that you have found elsewhere or that you have co-authored with others, but in such case you warrant that the text is available under terms that are compatible with the CC BY-SA 3.0 license (or, as explained above, another license when exceptionally required by the Project edition or feature)("CC BY-SA"). Content available only under GFDL is not permissible.
+You agree that, if you import text under a CC BY-SA license that requires attribution, you must credit the author(s) in a reasonable fashion. Where such credit is commonly given through page histories (such as Wikimedia-internal copying), it is sufficient to give attribution in the edit summary, which is recorded in the page history, when importing the text. The attribution requirements are sometimes too intrusive for particular circumstances (regardless of the license), and there may be instances where the Wikimedia community decides that imported text cannot be used for that reason.
+
+Non-text media: Non-text media on the Projects are available under a variety of different licenses that support the general goal of allowing unrestricted re-use and re-distribution. When you contribute non-text media, you agree to comply with the requirements for such licenses as described in our Licensing Policy, and also comply with the requirements of the specific Project edition or feature to which you are contributing. Also see the Wikimedia Commons Licensing Policy for more information on contributing non-text media to that Project.
+No revocation of license: Except as consistent with your license, you agree that you will not unilaterally revoke or seek invalidation of any license that you have granted under these Terms of Use for text content or non-text media contributed to the Wikimedia Projects or features, even if you terminate use of our services.
+Public domain content: Content that is in the public domain is welcome! It is important however that you confirm the public domain status of the content under the law of the United States of America as well as the laws of any other countries as required by the specific Project edition. When you contribute content that is in the public domain, you warrant that the material is actually in the public domain, and you agree to label it appropriately.
+Re-use: Re-use of content that we host is welcome, though exceptions exist for content contributed under "fair use" or similar exemptions under copyright law. Any re-use must comply with the underlying license(s).
+When you re-use or re-distribute a text page developed by the Wikimedia community, you agree to attribute the authors in any of the following fashions:
+
+Through hyperlink (where possible) or URL to the page or pages that you are re-using (since each page has a history page that lists all authors and editors);
+Through hyperlink (where possible) or URL to an alternative, stable online copy that is freely accessible, which conforms with the license, and which provides credit to the authors in a manner equivalent to the credit given on the Project website; or
+Through a list of all authors (but please note that any list of authors may be filtered to exclude very small or irrelevant contributions).
+If the text content was imported from another source, it is possible that the content is licensed under a compatible CC BY-SA license but not GFDL (as described in “Importing text,” above). In that case, you agree to comply with the compatible CC BY-SA license and do not have the option to re-license it under GFDL. To determine the license that applies to the content that you seek to re-use or re-distribute, you should review the page footer, page history, and discussion page.
+
+In addition, please be aware that text that originated from external sources and was imported into a Project may be under a license that attaches additional attribution requirements. Users agree to indicate these additional attribution requirements clearly. Depending on the Project, such requirements may appear for example in a banner or other notations pointing out that some or all of the content was originally published elsewhere. Where there are such visible notations, re-users should preserve them.
+
+For any non-text media, you agree to comply with whatever license under which the work has been made available (which can be discovered by clicking on the work and looking at the licensing section on its description page or reviewing an applicable source page for that work). When re-using any content that we host, you agree to comply with the relevant attribution requirements as they pertain to the underlying license or licenses.
+Modifications or additions to material that you re-use: When modifying or making additions to text that you have obtained from a Project website, you agree to license the modified or added content under CC BY-SA 3.0 or later (or, as explained above, another license when exceptionally required by the specific Project edition or feature).
+When modifying or making additions to any non-text media that you have obtained from a Project website, you agree to license the modified or added content in accordance with whatever license under which the work has been made available.
+
+With both text content and non-text media, you agree to clearly indicate that the original work has been modified. If you are re-using text content in a wiki, it is sufficient to indicate in the page history that you made a change to the imported text. For each copy or modified version that you distribute, you agree to include a licensing notice stating which license the work is released under, along with either a hyperlink or URL to the text of the license or a copy of the license itself.
+8. DMCA Compliance
+The Wikimedia Foundation wants to ensure that the content that we host can be re-used by other users without fear of liability and that it is not infringing the proprietary rights of others. In fairness to our users, as well as to other creators and copyright holders, our policy is to respond to notices of alleged infringement that comply with the formalities of the Digital Millennium Copyright Act (DMCA). Pursuant to the DMCA, we will terminate, in appropriate circumstances, users and account holders of our system and network who are repeat infringers.
+
+However, we also recognize that not every takedown notice is valid or in good faith. In such cases, we strongly encourage users to file counter-notifications when they appropriately believe a DMCA takedown demand is invalid or improper. For more information on what to do if you think a DMCA notice has been improperly filed, you may wish to consult the Chilling Effects website.
+
+If you are the owner of content that is being improperly used on one of the Projects without your permission, you may request that the content be removed under the DMCA. To make such a request, please email us at legal@wikimedia.org or snail mail our designated agent at this address.
+
+Alternatively, you may make a request to our community, which often handles copyright issues faster and more effectively than prescribed under the DMCA. In that case, you can post a notice explaining your copyright concerns. For a non-exhaustive and non-authoritative list of the relevant processes for the different Project editions, look here. Before filing a DMCA claim, you also have the option of sending an email to the community at info@wikimedia.org.
+
+9. Third-party Websites and Resources
+You are solely responsible for your use of any third-party websites or resources. Although the Projects contain links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content.
+
+10. Management of Websites
+The community has the primary role in creating and enforcing policies applying to the different Project editions. At the Wikimedia Foundation, we rarely intervene in community decisions about policy and its enforcement. In an unusual case, the need may arise, or the community may ask us, to address an especially problematic user because of significant Project disturbance or dangerous behavior. In such cases, we reserve the right, but do not have the obligation to:
+
+Investigate your use of the service (a) to determine whether a violation of these Terms of Use, Project edition policy, or other applicable law or policy has occurred, or (b) to comply with any applicable law, legal process, or appropriate governmental request;
+Detect, prevent, or otherwise address fraud, security, or technical issues or respond to user support requests;
+Refuse, disable, or restrict access to the contribution of any user who violates these Terms of Use;
+Ban a user from editing or contributing or block a user's account or access for actions violating these Terms of Use, including repeat copyright infringement;
+Take legal action against users who violate these Terms of Use (including reports to law enforcement authorities); and
+Manage otherwise the Project websites in a manner designed to facilitate their proper functioning and protect the rights, property, and safety of ourselves and our users, licensors, partners, and the public.
+In the interests of our users and the Projects, in the extreme circumstance that any individual has had his or her account or access blocked under this provision, he or she is prohibited from creating or using another account on or seeking access to the same Project, unless we provide explicit permission. Without limiting the authority of the community, the Wikimedia Foundation itself will not ban a user from editing or contributing or block a user's account or access solely because of good faith criticism that does not result in actions otherwise violating these Terms of Use or community policies.
+
+The Wikimedia community and its members may also take action when so allowed by the community or Foundation policies applicable to the specific Project edition, including but not limited to warning, investigating, blocking, or banning users who violate those policies. You agree to comply with the final decisions of dispute resolution bodies that are established by the community for the specific Project editions (such as arbitration committees); these decisions may include sanctions as set out by the policy of the specific Project edition.
+
+Especially problematic users who have had accounts or access blocked on multiple Project editions may be subject to a ban from all of the Project editions, in accordance with the Global Ban Policy. In contrast to Board resolutions or these Terms of Use, policies established by the community, which may cover a single Project edition or multiple Projects editions (like the Global Ban Policy), may be modified by the relevant community according to its own procedures.
+
+The blocking of an account or access or the banning of a user under this provision shall be in accordance with Section 12 of these Terms of Use.
+
+11. Resolutions and Project Policies
+The Wikimedia Foundation Board of Trustees releases official policies from time to time. Some of these policies may be mandatory for a particular Project or Project edition, and, when they are, you agree to abide by them as applicable.
+
+12. Termination
+Though we hope you will stay and continue to contribute to the Projects, you can stop using our services any time. In certain (hopefully unlikely) circumstances it may be necessary for either ourselves or the Wikimedia community or its members (as described in Section 10) to terminate part or all of our services, terminate these Terms of Use, block your account or access, or ban you as a user. If your account or access is blocked or otherwise terminated for any reason, your public contributions will remain publicly available (subject to applicable policies), and, unless we notify you otherwise, you may still access our public pages for the sole purpose of reading publicly available content on the Projects. In such circumstances, however, you may not be able to access your account or settings. We reserve the right to suspend or end the services at any time, with or without cause, and with or without notice. Even after your use and participation are banned, blocked or otherwise suspended, these Terms of Use will remain in effect with respect to relevant provisions, including Sections 1, 3, 4, 6, 7, 9-15, and 17.
+
+13. Disputes and Jurisdiction
+Highlighted for emphasis
+
+We hope that no serious disagreements arise involving you, but, in the event there is a dispute, we encourage you to seek resolution through the dispute resolution procedures or mechanisms provided by the Projects or Project editions and the Wikimedia Foundation. If you seek to file a legal claim against us, you agree to file and resolve it exclusively in a state or federal court located in San Francisco County, California. You also agree that the laws of the State of California and, to the extent applicable, the laws of the United States of America will govern these Terms of Use, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles). You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in San Francisco County, California, in any legal action or proceeding relating to us or these Terms of Use.
+
+To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of our services or these Terms of Use must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).
+
+14. Disclaimers
+Highlighted for emphasis
+
+At the Wikimedia Foundation, we do our best to provide educational and informational content to a very wide audience, but your use of our services is at your sole risk. We provide these services on an "as is" and "as available" basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.
+
+We are not responsible for the content, data, or actions of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms of Use.
+
+Any material downloaded or otherwise obtained through your use of our services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.
+
+Some states or jurisdictions do not allow the types of disclaimers in this section, so they may not apply to you either in part or in full depending on the law.
+
+15. Limitation on Liability
+Highlighted for emphasis
+
+The Wikimedia Foundation will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage. In no event shall our liability exceed one thousand U.S. dollars (USD 1000.00) in aggregate. In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you, although our liability will be limited to the fullest extent permitted by applicable law.
+16. Modifications to these Terms of Use
+Just as the Wikimedia community's input is essential for the growth and maintenance of the Projects, we believe that community input is essential for these Terms of Use to properly serve our users. It is also essential for a fair contract. Therefore, we will provide these Terms of Use, as well as any substantial future revisions of these Terms of Use, to the community for comment at least thirty (30) days before the end of the comment period. If a future proposed revision is substantial, we will provide an additional 30 days for comments after posting a translation of the proposed revision in at least three languages (selected at our discretion). The community will be encouraged to translate the proposed revision in other languages as appropriate. For changes for legal or administrative reasons, to correct an inaccurate statement, or changes in response to community comments, we will provide at least three (3) days' notice.
+
+Because it may be necessary to modify these Terms of Use from time to time, we will provide notice of such modifications and the opportunity to comment via the Project websites, and via a notification on WikimediaAnnounce-L. However, we ask that you please periodically review the most up-to-date version of these Terms of Use. Your continued use of our services after the new Terms of Use become official following the notice and review period constitutes an acceptance of these Terms of Use on your part. For the protection of the Wikimedia Foundation and other users like yourself, if you do not agree with our Terms of Use, you cannot use our services.
+
+17. Other Terms
+These Terms of Use do not create an employment, agency, partnership, or joint venture relationship between you and us, the Wikimedia Foundation. If you have not signed a separate agreement with us, these Terms of Use are the entire agreement between you and us. If there is any conflict between these Terms of Use and a signed written agreement between you and us, the signed agreement will control.
+
+You agree that we may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on Project websites.
+
+If in any circumstance, we do not apply or enforce any provision of these Terms of Use, it is not a waiver of that provision.
+
+You understand that, unless otherwise agreed to in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to us, the community, or the Wikimedia Projects or Project editions.
+
+Notwithstanding any provision to the contrary in these Terms of Use, we (the Wikimedia Foundation) and you agree not to modify the applicable terms and requirements of any free license that is employed on the Projects or Project editions when such free license is authorized by these Terms of Use.
+
+These Terms of Use were written in English (U.S.). While we hope that translations of these Terms of Use are accurate, in the event of any differences in meaning between the original English version and a translation, the original English version takes precedence.
+
+If any provision or part of a provision of these Terms of Use is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and will be enforced to the maximum extent permissible, and all other provisions of these Terms of Use will remain in full force and effect.
+
+Thank You!
+We appreciate your taking the time to read these Terms of Use, and we are very happy to have you contributing to the Projects and using our services. Through your contributions, you are helping to build something really big – not only an important collection of collaboratively edited reference Projects that provides education and information to millions who might otherwise lack access, but also a vibrant community of like-minded and engaged peers, focused on a very noble goal.
+
+These Terms of Use went into effect on June 16, 2014. Previous versions of the terms:
+
+Terms of Use (2012–2014): effective from May 24, 2012 until June 16, 2014
+Terms of Use (2009): effective from 2009 until May 24, 2012.
+In the event of any differences in meaning between the original English version and a translation, the original English version takes precedence.

sample-terms-and-conditions/youtube.txt

@@ -0,0 +1,163 @@
+Terms of Service
+Dated: June 1, 2021
+
+Welcome to YouTube!
+Introduction
+Thank you for using the YouTube platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).
+
+Our Service
+The Service allows you to discover, watch and share videos and other content, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and advertisers large and small. We provide lots of information about our products and how to use them in our Help Center. Amongst other things, you can find out about YouTube Kids, the YouTube Partner Program and YouTube Paid Memberships and Purchases. You can also read all about enjoying content on other devices like your television, your games console, or even Google Home.
+
+Your Service Provider
+The entity providing the Service in the European Economic Area, and Switzerland is Google Ireland Limited, a company incorporated and operating under the laws of Ireland, (Registered Number: 368047), located at Gordon House, Barrow Street, Dublin 4, Ireland (referred to as “YouTube”, “we”, “us”, or “our”).  References to YouTube’s “Affiliates” in these terms means the other companies within the Alphabet Inc. corporate group.
+
+Applicable Terms
+Your use of the Service is subject to these terms, the YouTube Community Guidelines and the Policy, Safety and Copyright Policies (together, the "Agreement"). Your Agreement with us will also include the Advertising on YouTube Policies if you provide advertising or sponsorships to the Service or incorporate paid promotions in your Content.
+
+Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
+
+Who may use the Service?
+Age Requirements
+You may use the Service if you are at least 13 years old; however, children of all ages may use the Service and YouTube Kids (where available) if enabled by a parent or legal guardian.
+
+Permission by Parent or Guardian
+If you are under 18, you must have your parent or legal guardian’s permission to use the Service. Please have them read this Agreement with you.
+
+If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. You can find tools and resources to help you manage your family’s experience on YouTube (including how to enable a child under the age of 13 to use the Service and YouTube Kids) in our Help Center and through Google’s Family Link.
+
+Businesses
+If you are using the Service on behalf of a company or organisation, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts this Agreement.
+
+Your Use of the Service
+Content on the Service
+The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, "Content”). Content may be provided to the Service and distributed by our users and YouTube is a provider of hosting services for such Content. Content is the responsibility of the person or entity that provides it to the Service. If you see any Content you believe does not comply with these terms, such as by violating the Community Guidelines or the law, you can report it to us.
+
+Google Accounts and YouTube Channels
+You can use parts of the Service, such as browsing and searching for Content, without having a Google account. However, you do need a Google account to use some features. With a Google account, you may be able to like videos, subscribe to channels, create your own YouTube channel, and more. You can follow these instructions to create a Google account.
+
+Creating a YouTube channel will give you access to additional features and functions, such as uploading videos, making comments or creating playlists. Here are some details about how to create your own YouTube channel.
+
+To protect your Google account, keep your password confidential. You should not reuse your Google account password on third-party applications. Learn more about keeping your Google account secure, including what to do if you learn of any unauthorised use of your password or Google account.
+
+Your Information
+Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. The YouTube Kids Privacy Notice provides additional information about our privacy practices that are specific to YouTube Kids.
+
+We will process any audio or audiovisual content uploaded by you to the Service in accordance with the YouTube Data Processing Terms, except in cases where you uploaded such content for personal purposes or household activities. Learn More.
+
+Permissions and Restrictions
+You may access and use the Service as made available to you, as long as you comply with this Agreement and the law. You may view or listen to Content for your personal, non-commercial use. You may also show YouTube videos through the embeddable YouTube player.
+
+The following restrictions apply to your use of the Service. You are not allowed to:
+
+access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as specifically permitted by the Service;  (b) with prior written permission from YouTube and, if applicable, the respective rights holders; or (c) as permitted by applicable law;
+circumvent, disable, fraudulently engage, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that: (a) prevent or restrict the copying or other use of Content; or (b) limit the use of the Service or Content;
+access the Service using any automated means (such as robots, botnets or scrapers) except: (a) in the case of public search engines, in accordance with YouTube’s robots.txt file; (b) with YouTube’s prior written permission; or (c) as permitted by applicable law;
+collect or use any information that might identify a person (for example, harvesting usernames or faces), unless permitted by that person or allowed under section 3 above;
+use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
+cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics;
+misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
+run contests on or through the Service that do not comply with YouTube’s contest policies and guidelines;
+use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
+use the Service to: (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on YouTube policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where YouTube videos are the only content of value).
+Reservation
+Any right not expressly granted to you in this Agreement remains the right of YouTube or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights in the Content you access (including any branding used on or displayed in the Service).
+
+Changes to the Service
+YouTube is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. We will always consider and balance the impact of such changes on the use of the Service. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, there will be times when we need to make such changes without notice, such as where we need to take action to improve the security and operability of our Service, prevent abuse, or meet our legal requirements.
+
+Your Content and Conduct
+Uploading Content
+If you have a YouTube channel, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so (including by way of any available exceptions or limitations to copyright or related rights provided for in European Union law). You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
+
+Rights you Grant
+You retain all of your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to YouTube and other users of the Service, as described below.
+
+Licence to YouTube
+By providing Content to the Service, you grant to YouTube a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service.
+
+Licence to Other Users
+You also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.
+
+Duration of Licence
+The licences granted by you continue until the Content is removed as described below. Once removed, the licences will terminate, except where the operation of the Service, use of Content permitted before your removal, or the law requires otherwise.  For example, removal of Content by you does not require YouTube to: (a) recall Content that is being used by other users within any limited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep for legal purposes.
+
+Right to Monetize
+
+You grant to YouTube the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments. Starting June 1, 2021, any payments you may be entitled to receive from YouTube under any other agreement between you and YouTube (including for example payments under the YouTube Partner Program, Channel memberships or Super Chat) will be treated as royalties.  If required by law, Google will withhold taxes from such payments.
+
+Removing Your Content
+You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.
+
+Removal of Content By YouTube
+If we reasonably believe that any Content is in breach of this Agreement or may cause harm to YouTube, our users, or third parties, we may remove or take down some or all of such Content. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for YouTube or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, YouTube or our Affiliates. You can learn more about reporting and enforcement, including how to appeal on the Troubleshooting page of our Help Center.
+
+Copyright Protection
+We provide information to help copyright holders manage their intellectual property online in our YouTube Copyright Center. If you believe your copyright has been infringed on the Service, please send us a notice.
+
+We respond to notices of alleged copyright infringement according to the process in our YouTube Copyright Center, where you can also find information about how to resolve a copyright strike. YouTube's policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.
+
+Account Suspension and Termination
+Terminations by You
+You may stop using the Service at any time. You can also delete the Service from your Google Account, which involves closing your YouTube channel and removing your data, with the option to download a copy of your data first.
+
+Terminations and Suspensions by YouTube for Cause
+YouTube may suspend or terminate your access, your Google account, or your Google account’s access to all or part of the Service if: (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe there has been conduct that creates liability or harm to any user, other third party, YouTube or our Affiliates.
+
+Terminations by YouTube for Service Changes
+YouTube may terminate your access, or your Google account’s access to all or part of the Service if YouTube reasonably believes that its provision of the Service to you is no longer commercially viable.
+
+Notice for Termination or Suspension
+We will notify you with the reason for termination or suspension by YouTube unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for YouTube or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, YouTube or our Affiliates. Where YouTube is terminating your access for Service Changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Service.
+
+Effect of Account Suspension or Termination
+If your Google account is terminated or your Google account’s access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe your Google account has been terminated in error, you can appeal using this form.
+
+About Software in our Service
+Downloadable Software
+When the Service requires or includes downloadable software (such as the YouTube Studio application), you give permission for that software to update automatically on your device once a new version or feature is available, subject to your device settings. Unless that software is governed by additional terms which provide a licence, YouTube gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by YouTube as part of the Service. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by YouTube, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have YouTube’s written permission.
+
+Open Source
+Some software used in our Service may be offered under an open source licence. There may be provisions in an open source licence that expressly override some of these terms.  If so, we will make that open source licence available to you.
+
+Other Legal Terms
+Warranty
+We provide the Service with reasonable care and skill.
+
+Disclaimer
+By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in this Agreement affects those rights you may have as a consumer. Other than as expressly stated in this Agreement or as required by law, YouTube does not make any specific promises about the Service. For example, we don’t make any promises about: the Content provided through the Service; the specific features of the Service, or its accuracy, reliability, availability, or ability to meet your needs; or that any Content you submit will be accessible or stored on the Service.
+
+Limitation of Liability
+All users: Nothing in this Agreement is intended to exclude or limit any party’s liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law.
+
+To the extent permitted by applicable law, YouTube and its Affiliates will not be responsible for:
+
+losses that were not caused by YouTube or its Affiliates’ breach of this Agreement;
+any loss or damage that was not, at the time that this Agreement was formed between you and YouTube, a reasonably foreseeable consequence of YouTube or its Affiliates breaching this Agreement; or
+the Content submitted by any user, or for the defamatory, offensive, or illegal conduct of any user.
+Business Users only: If you are using the Service for the purpose of your trade, business, craft or profession, (a “Business User”), to the extent permitted by applicable law, the following limitations of liability will also apply:
+
+YouTube and its Affiliates will not be responsible for lost profits, revenues, or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not); and
+YouTube and its Affiliates’ total liability for any claims arising from or relating to the Service is limited to the greater of: (a) the amount of revenue that YouTube has paid to you from your use of the Service in the 12 months before the date of your notice, in writing to YouTube, of the claim and (b) €500, whichever is higher.
+Third-Party Links
+The Service may contain links to third-party websites and online services that are not owned or controlled by YouTube. YouTube has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.
+
+About this Agreement
+Modifying this Agreement
+We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. YouTube will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review these changes. However, changes addressing newly available features of the Service or changes made for legal reasons may be effective immediately. Changes will only apply going forward. If you do not agree to the modified terms, you should remove any Content you uploaded and discontinue your use of the Service.
+
+Continuation of this Agreement
+If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue in limited cases as described under “Duration of License”.
+
+Severance
+If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
+
+Assignment
+YouTube may transfer all or part of this Agreement to an Affiliate or, if YouTube is sold, to a third party.
+
+No Waiver
+If you do not comply with this Agreement and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future).
+
+Governing Law
+If you live in the European Economic Area, or Switzerland, this Agreement, and your relationship with YouTube under this Agreement will be governed by the laws of your country of residence, and legal proceedings may be brought in your local courts.
+
+Effective as of June 1, 2021 (view previous version)