Terms of service

Version: March 16, 2020, 8:30 p.m.

1. Definitions

Please read these terms carefully because they apply to your use of this web site (the "Site") and online services provided via its Internet domain(s) (collectively the "Services"). These Terms of service, together with any documents incorporated herein by reference, form a binding legal agreement between you and individual or entity maintaining the Site and Services (the "Maintainer", or "we" or "us") in relation to your use of the Site and Services. Your use of the Site or Services may also be subject to the terms of legal notices applicable to certain parts of the Site or Services in addition to these Terms. Where Additional Terms apply to a portion of the Site or a Service, these will be accessible for you to read either within, or through your use of, that portion of the Site, or Service.

Capitalized terms used in this agreement have the meanings specified in this Article or elsewhere in this agreement:

"Maintainer"
means an individual or entity maintaining the Site and Services.
"Site"
means this web site along with any networks and systems owned or operated by, or on behalf of, the Maintainer that implement, facilitate, or are in any way related to, the operation of this web site and your access to it.
"Services"
means any other online services made available by, or on behalf of, the Maintainer via Internet domain(s) of the Site that are not subject to an express agreement executed in writing between you and the Maintainer or posted, or otherwise made accessible, by the Maintainer to all users of such online service.
"Terms" or "these Terms"
means this legal agreement together with any documents incorporated herein by reference and any Additional Terms that may apply to a portion of the Site or a Service that you use.
"Additional Terms"
means any legal notices that apply to a portion of the Site, a Service, or certain content available from the Site or Services that will be accessible for you to read either within, or through your use of, that portion of the Site, Service, or content.
"User"
is any person or entity that accepted the Terms in accordance with Section 2 of this document; has not violated the Terms; and hasn't had them terminated, voided, or unenforceable; or who has received express permission from the Maintainer to exercise rights under these Terms despite a previous violation.
"Guest"
is any person or entity that declines the Terms or has them terminated, voided, or unenforceable, but continues to access the Site or Services.
"Work"
means any copyrightable work of authorship covered by these Terms. Works include, but are not limited to, the software running on the Site or implementing Services, any information covered by copyright and obtained from the Site or Services, and copies of such information.
"Original Author"
means the individual, individuals, entity, or entities who created the Work.
"Contributor"
is the individual or entity that holds copyright in a Work and grants the Maintainer permission to license that Work under these Terms, while both the copyright and the permission remain valid and in force.
"Licensor(s)"
means the Maintainer and any Contributors that offer the Work to the Users under a license incorporated into these Terms.
"Collective Work"
means a work, such as a web site, blog, wiki page, or online encyclopedia, in which the Work in its entirety in unmodified form, along with one or more other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of these Terms of service.
"Derivative Work"
means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, arrangement, fictionalization, motion picture version, recording, reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of these Terms.
"Federated servers"
are networks and systems outside of the Maintainer's span of control that may communicate with the Site and Services using standardized social web protocols to send or receive copies of content and other Works, as well as information about Users and Guests.
"Federated content"
means content and other data created or collected outside of the Maintainer's span of control and received by the Site and Services from Federated servers.

2. Your Agreement to the Terms

2.1. The following actions require your acceptance of the Terms:

  1. your exercise of any rights in any Work not explicitly granted to you by its copyright holder or the applicable laws;
  2. your sending of any information to be posted on, or transmitted via, the Site or Services;
  3. your express consent to be bound by these Terms submitted through a form or any other feature of the Site or Services.

By performing any of these actions, you acknowledge that you have read, understand, and agree to be bound by the Terms in their entirety, including all documents incorporated herein by reference. Furthermore, you represent and warrant that you (1) are the age of majority in your jurisdiction; and (2) are over the age of 18; and (3) are legally able to enter into a contract; and (4) agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations.

2.2. If you do not understand, agree with, or are not legally able of accepting these Terms, or any incorporated documents, you may still be able to browse the Site and use some Services as a Guest. The Maintainer discourages such use of the Site and Services and disclaims any responsibility for the consequences thereof. Moreover, the Maintainer reserves the right, in its sole discretion, to deny you access to the Site or any Service as a Guest for any reason, or without a reason.

Your continued guest access, or use of any information obtained from, the Site or any Service signifies your acceptance of terms listed as terms that survive the termination of this agreement in Section 13. This includes, without limitation, your acknowledgment that the Site, Services, or any content thereof, are provided to you without any warranty whatsoever. Further, you acknowledge that your access to, or use of, the Site, Services, or any information they provide, without you being bound by the entire Terms may constitute a violation of the copyright law or other applicable laws. You assume the full responsibility and liability for any such actions and consequences thereof. You agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. You agree to indemnify and hold harmless the Maintainer, its members, managers, officers, employees, contractors, agents, representatives, attorneys, partners, affiliates, subsidiaries, parents, successors, assigns, executors, administrators, and all Contributors from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys' fees, resulting, whether directly or indirectly, from your access to, or use of, any information obtained from the Site or Services while you are not bound by the entire Terms.

IF YOU DO NOT AGREE TO THE TERMS OF THIS SUBSECTION 2.2, YOU ARE NOT AUTHORIZED TO USE THE SITE OR OR ANY SERVICE.

2.3. Nothing in these Terms is intended to reduce, limit, or restrict any rights arising from fair use, first sale, or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.

3. Entire agreement; documents incorporated by reference

Your acceptance of this agreement signifies that you have read, understand, and agree to be bound by the terms of the Maintainer's Privacy Policy incorporated herein by reference.

Some parts of the Site, Services, or specific content available from the Site or Services, may also be subject to terms of legal notices ("Additional Terms") that will be accessible for you to read either within, or through your use of, that portion of the Site, Service, or content. If there is any contradiction between the Additional Terms and these Terms, then the Additional Terms shall take precedence in relation to the part of Site, Service, or content to which the Additional Terms apply. These Terms and any applicable Additional Terms constitute the entire agreement between you and the Maintainer relating to this subject matter and supersede all prior, contemporaneous, and future communications (with the exception of future amendments to the Terms or Additional Terms as made available by the Maintainer from time to time) between you and the Maintainer.

4. Changes to the Terms

From time to time, the Maintainer may change, remove, add to, or otherwise modify the Terms or Additional Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Terms or Additional Terms, as relevant, to the applicable Site(s) or Service(s) and indicate the date they take effect. We encourage you to periodically review the Terms. All new and/or amended Terms take effect immediately. If you do not agree with any modification to the Terms, you may cease the use of the Site and Services. Your continued use of the Site or any Service after new and/or revised Terms are effective indicate that you have read, understood and agreed to those Terms.

5. Licenses Associated With Software and Content of the Site and Services

5.1. The software running this Site is offered to the public under the terms of license listed in Section 19 below, incorporated herein by reference.

5.2. Any Work posted on, or obtained through, the Site or Services that does not display or otherwise contain a notice of license terms that apply to that Work, is licensed to the User under the terms of this Section. This license is granted only to the Users of the Site or Services as defined in Section 1 above. Throughout this Section 5, the capitalized term "You" refers to such User. THE WORKS (AS DEFINED IN SECTION 1 ABOVE) ARE PROVIDED UNDER THE TERMS OF THIS PUBLIC LICENSE ("LICENSE"). EACH WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF THE TERMS, AS DEFINED IN SECTION 1, IN THEIR ENTIRETY.

5.3. Subject to your acceptance of, and compliance with, the entirety of these Terms, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:

  1. to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works; and
  2. to distribute copies or recordings of, display publicly, perform publicly, and perform publicly by means of a digital transmission the Work including as incorporated in Collective Works; and
  3. where the Work is a computer program, to run the unmodified Work on Your computer, smartphone, tablet, or other compatible device; and
  4. where the Work is a computer program, to allow others to interact with it remotely through a computer network, such interaction being considered a public digital performance of the Work for the purposes of this License.

The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats, but otherwise you have no rights to make Derivative Works. All rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Subsections 5.4(d) and 5.4(e).

5.4. The license granted in Subsection 5.3 above is expressly made subject to and limited by the following restrictions:

  1. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, these Terms with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of a recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to these Terms and to the disclaimer of warranties. When You distribute, publicly display, publicly perform, or publicly digitally perform the Work, You may not impose any technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License. This Subsection 5.4(a) applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by Subsection 5.4(c), as requested.
  2. You may not exercise any of the rights granted to You in Subsection 5.3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
  3. If You distribute, publicly display, publicly perform, or publicly digitally perform the Work (as defined in Section 1 above) or Collective Works (as defined in Section 1 above), You must, unless a request has been made pursuant to Subsection 5.4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work. The credit required by this Subsection 5.4(c) may be implemented in any reasonable manner; provided, however, that in the case of a Collective Work, at a minimum such credit will appear, if a credit for all contributing authors of the Collective Work appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this clause for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor, and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor, and/or Attribution Parties.
  4. For the avoidance of doubt, where the Work is a musical composition:
    1. Performance Royalties Under Blanket Licenses. Licensor reserves the exclusive right to collect whether individually or, in the event that Licensor is a member of a performance rights society (e.g. ASCAP, BMI, SESAC), via that society, royalties for the public performance or public digital performance (e.g. webcast) of the Work if that performance is primarily intended for or directed toward commercial advantage or private monetary compensation.
    2. Mechanical Rights and Statutory Royalties. Licensor reserves the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work ("cover version") and distribute, subject to the compulsory license created by 17 U.S.C. § 115 of the US Copyright Act (or the equivalent in other jurisdictions), if Your distribution of such cover version is primarily intended for or directed toward commercial advantage or private monetary compensation.
  5. Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor reserves the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 U.S.C. § 114 of the US Copyright Act (or the equivalent in other jurisdictions), if Your public digital performance is primarily intended for or directed toward commercial advantage or private monetary compensation.
  6. You may not incorporate the Work into any Collective Work that is (or contains any material that is) harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations.

Subject to the entirety of these Terms, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensors reserve the right to release any Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as set forth in Section 13.

Each time You distribute or publicly digitally perform the Work (as defined in Section 1 above) or a Collective Work (as defined in Section 1 above), the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under these Terms.

6. Disclaimer of warranty

For purposes of this Section, the term "Content" means all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images which you may have access to as part of, or through your use of, the Site or Services.

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, THE MAINTAINER AND CONTRIBUTORS OFFER THE SITE, SERVICES, AND ANY CONTENT THEREOF AS-IS AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE LICENSED WORKS BY THE LICENSORS. THE MAINTAINER AND CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITE, SERVICES, OR CONTENT, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MARKETABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, INTEGRITY, QUALITY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.

THE MAINTAINER DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SITE OR SERVICES WILL BE TIMELY, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MAINTAINER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. IN ADDITION, NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM THE MAINTAINER SHALL CREATE ANY WARRANTY UNLESS THE MAINTAINER GIVES YOU EXPLICIT WRITTEN WARRANTY IN RELATION THEREWITH.

THE MAINTAINER AND CONTRIBUTORS DO NOT GUARANTEE THAT CONTENT MADE AVAILABLE ON THE SITE OR SERVICES DOES NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY. BY USING THE SITE OR SERVICES, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL CONTENT MADE AVAILABLE THEREON. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE PROVENANCE, OWNERSHIP, ACCURACY, COMPLETENESS, OR RELIABILITY OF SUCH CONTENT. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY CONTENT MADE AVAILABLE ON THE SITE OR SERVICES WITHOUT YOUR OWN INDEPENDENT EVALUATION OF THAT CONTENT.

You represent and warrant to the Maintainer and Contributors that you will use any and all Content on our Sites or Services in accordance with the applicable license. You should be sure to review the terms of that license before you use the Content to which it applies so that you know what you can and cannot do.

7. Disclaimer of liability; indemnification

For purposes of this Section, term "the Maintainer's Parties" means the Maintainer, its members, managers, officers, employees, contractors, agents, representatives, attorneys, partners, affiliates, subsidiaries, parents, successors, assigns, executors, administrators, and all Contributors.

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL THE MAINTAINER'S PARTIES BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITE, SERVICES, ANY CONTENT THEREOF, OR THE TERMINATION THEREOF FOR ANY REASON, EVEN IF THE MAINTAINER'S PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.

THE MAINTAINER'S PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT OF THE SITE OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE SITE OR SERVICES, FOR YOUR USE OF THE SITE AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SITE, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE SITE OR SERVICES).

You agree to indemnify and hold harmless the Maintainer's Parties from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys' fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the Maintainer's Parties from and against any and all claims brought by third parties arising out of your access to, or use of, the Site or any Services, and the content thereof.

8. No relationship

The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and the Maintainer as a result of these Terms, any Additional Terms, or your use of the Site or any Services. Your use of the Site or Services does not and shall not be deemed to make you a member, manager, officer, employee, or affiliate of the Maintainer for any purposes whatsoever.

9. Trademarks

The Site and Services may contain trademarks, service marks, logos and other names that are the property of the Maintainer or such other party as indicated with respect to that name or icon. Except for the limited purpose of indicating to the public that the Work is licensed under these Terms, the Maintainer does not authorize the use by either party of the trademark "Virtual Estate Development", any related trademark or logo, or names of the Maintainer's members, managers, or officers without the prior written consent of the Maintainer. The Maintainer's trademarks or names of the Maintainer's members, managers, or officers must not be used to endorse or promote Derivative or Collective Works without the prior written consent of the Maintainer. Any permitted use will be in compliance with the Maintainer's then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.

10. Third party content

10.1. The Site and Services may contain links to websites not controlled by the Maintainer ("Third Party Sites"), as well as content belonging to or originating from persons or organizations other than the Maintainer ("Third Party Content"). The Site and Services may exchange content with Federated servers run by third parties. You acknowledge that the Maintainer (a) is not responsible or liable for any Third Party Sites or any Third Party Content, information, or products made available at any Third Party Site or via the Site and Services as Federated content; (b) has not reviewed any Third Party Sites, Third Party Content, or Federated content for accuracy, appropriateness, completeness, or non-infringement; (c) has not sponsored or otherwise endorsed Third Party Sites, Third Party Content, or Federated content; and (d) makes no representations or warranties whatsoever about any Third Party Sites, Third Party Content, or Federated content. The Maintainer disclaims, and you agree to assume, all responsibility and liability for any consequences, to you or to third parties, of accessing or using Third Party Sites, Third Party Content, or Federated content.

10.2. You agree that, by following a link to, or otherwise accessing, a Third Party Site you are responsible for: (a) taking necessary precautions to protect you and your computer systems from malicious code and other security threats; (b) downloading, purchase, use, or otherwise access any material that is harmful, offensive, obscene, indecent, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, contains inaccuracies, typographical mistakes, or other errors, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations; (c) downloading, purchase, use, or otherwise access any material that infringes on intellectual property or other rights of third parties, or is subject to additional terms and conditions, whether they are stated or not; (d) all charges and other liabilities to third parties resulting from your transactions and other activities; and (e) reading and understanding any Terms of Use and Privacy Policies that apply to Third Party Sites.

10.3. Opinions, advice, statements, or other information made available by means of the Site and Services by third parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. The Maintainer does not guarantee the accuracy, completeness, or usefulness of any third-party information accessible through the Site or Services, nor does it accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third party by means of the website and services. Under no circumstances will the Maintainer be responsible for any loss or damage resulting from your reliance on information or other content posted on the website or transmitted to or by any third-party.

11. Content and information you submit

11.1. You retain the copyright in your content and other information that you submit to the Site or Services. You hereby agree that all such information that you voluntarily provide to the Maintainer on or through the Site or any Service is: (a) not copyrightable; or (b) in the public domain; or (c) you are the sole owner of all right, title, and interest in that information; or (d) you are properly authorized by all owners of right, title, and interest in that information to license it to the Maintainer as set forth in Subsection 11.2.

11.2. By sending content and other copyrightable information (for the purposes of Section 11, "Content") that is not in the public domain to, or through, the Site or submitting Content to a Service, you hereby grant the Maintainer a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Content as stated below, and sublicense the Content under the same terms:

  1. to reproduce the Content, to incorporate the Content into one or more Collective Works, and to reproduce the Content as incorporated in the Collective Works;
  2. to create and reproduce Derivative Works provided that any such Derivative Work, including any translation in any medium, takes reasonable steps to clearly label, demarcate, or otherwise identify that changes were made to the original Content. For example, a translation could be marked "The original post was translated from English to Spanish," or a message summary could indicate "The original message has been abridged.";
  3. to distribute copies or records of, display publicly, perform publicly, and perform publicly by means of a digital transmission the Content including as incorporated in Collective Works;
  4. to distribute copies or records of, display publicly, perform publicly, and perform publicly by means of a digital transmission Derivative Works.
  5. For the avoidance of doubt, where the Content is a musical composition:
    1. Performance Royalties Under Blanket Licenses. You waive the exclusive right to collect, whether individually or, in the event that you are a member of a performance rights society (e.g. ASCAP, BMI, SESAC), via that society, royalties for the public performance or public digital performance (e.g. webcast) of the Content.
    2. Mechanical Rights and Statutory Royalties. You waive the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord the Maintainer creates from the Content ("cover version") and distributes, subject to the compulsory license created by 17 U.S.C. § 115 of the US Copyright Act (or the equivalent in other jurisdictions).
  6. Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Content is a sound recording, you waive the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Content, subject to the compulsory license created by 17 U.S.C. § 114 of the US Copyright Act (or the equivalent in other jurisdictions).

The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats.

The above license shall remain in full force and effect after the Termination of this agreement.

11.3. You may transmit to the Site or submit to Services only such Content that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain, or that you have been expressly granted the right to submit consistent with the Terms. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant, and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any of the Sites or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory, or otherwise unlawful material. Further, you represent, warrant, and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 16 years of age.

11.4. The Maintainer may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content in its sole discretion that the Maintainer determines violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. The Maintainer does not endorse or support any Content posted by you or any other third party on or through the Site or Services. You alone are responsible for creating backup copies and replacing any Content you post on the Site or submit to Services, and you authorize the Maintainer to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on the Site or processing it by Services. You acknowledge and agree that we have no liability of any kind should anyone you granted access to your content or files modify, destroy, corrupt, copy or distribute them, or violate the terms of use or other limitations that you may impose on the use of your shared content.

11.5. By submitting Content to the Site or Services, you agree to: (a) provide accurate, current, and complete information about you and the person or entity that authorized you to post the Content, if and as may be prompted by the Site or a Service; and (b) maintain and promptly update your contact information and any other information you provide to the Maintainer, and to keep it accurate and complete to, among other things, allow the Maintainer to contact you. You may not submit Content or other information on behalf of another individual or entity unless you are authorized to do so.

11.6. The Maintainer agrees to use information and data collected through its Site and Services about you in accordance with the Privacy Policy, the Terms, and applicable laws. The Privacy Policy referenced by Section 3 is incorporated by reference into these Terms.

12. Acceptable use policy

12.1. To maintain availability, functionality, and integrity of the Site and Services, Users and Guests are expressly prohibited from accessing or using Site or Services in any way that may be harmful to, inconsistent with, or disruptive of: the Users' beneficial use and enjoyment of the Site or Services; confidentiality of the proprietary information of the Maintainer, its contractors, agents, partners, affiliates, and Contributors; privacy of its members, managers, officers, employees, and the Users; or the Maintainer's business.

12.2. Prohibited activities on the Site and uses of Services include, without limitation:

  1. Posting, use, or transmission of content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy, or other applicable laws;
  2. Posting, use, or transmission of unsolicited or unauthorized Content, including advertising or promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unsolicited or unwelcome solicitation or advertising;
  3. Posting, use, or transmission of content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise interfere with, or disrupt the Site or Services or servers or networks connected to the Site or Services, or that disobeys any requirements, procedures, policies, or regulations of networks connected to the Site or Services;
  4. Posting, use, or transmission of Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
  5. Intimidation or harassment of others;
  6. Obtaining, use, or attempt to use another's account, service, or personal or proprietary information;
  7. Removal, circumvention, disabling, damaging, or otherwise interfering with any security-related features that enforce limitations on the use of the Site or Services;
  8. Attempt to gain unauthorized access to the Site or Services, other accounts, computer systems or networks connected to the Site or Services, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or Services or any activities conducted through the Site or Services;
  9. Use of any means to bypass or ignore robots.txt, or other measures we use to restrict access or use of the Site or Services;
  10. Impersonating another person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  11. Posting or transmission of any personally identifiable information about persons under 16 years of age;
  12. Using the Site or any Service in any manner that could disable, overburden, damage or impair such Site or Service, or interfere with any other party's use and enjoyment of the Site or any Service; or
  13. Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause, or assist anyone else to engage in, any of the above unauthorized and prohibited uses and activities.

12.3. Any access to or use of the Site or any Service, without express prior written permission of the Maintainer, to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute, or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with the Site or any Service (including, without limitation, to access content, post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use, or operation on or by, any computer and/or any electronic, wireless and/or mobile device, technology, or product that exists now or in the future.

12.4. Any use of the Site, Services, any content thereof, or information received thereby, primarily intended for or directed toward commercial advantage or private monetary compensation, including, but not limited to, the following uses and activities is prohibited without express prior written permission of the Maintainer:

  1. copying, aggregation, display, distribution, performance, or derivative use of any content posted on, or obtained through, the Site or Services, whether done directly or through intermediaries, including, but not limited to, by means of spiders, robots, crawlers, scrapers, framing, iframes, or RSS feeds;
  2. framing or otherwise co-branding the Site or Services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish, or distribute the Site or Service);
  3. any effort to decompile, disassemble, or reverse engineer all or any part of the Site or Services in order to identify, acquire, copy, or emulate any source code or object code.

12.5. As a limited exception from the Subsection 12.4, Federated servers, general purpose Internet search engines, and noncommercial public archives will be entitled to access the Site and Services without individual written agreements executed with the Maintainer if, in all cases and instances: (a) they provide either a direct hyperlink to the relevant Site, Service, or content; or a reference to the content's source on the federated social web; (b) they access the Site or Services from a stable IP address using an easily identifiable agent; and (c) they comply with the robots.txt file posted on the Site or associated with a Service. Notwithstanding the foregoing, the Maintainer may terminate this limited exception as to any search engine or public archive, or any person or entity relying on this provision, at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.

12.6. For purposes of these Terms, you agree that cached copies of the content of, and information from, Site and Services on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this Section, you further agree that CAPTCHAs are "technological measures" that effectively control access to the Works and rights of the Maintainer pursuant to 17 U.S.C. § 1201.

13. Termination

13.1. These Terms and any Additional Terms will continue to apply until terminated by either you or the Maintainer as set out below.

13.2. This agreement and the rights granted hereunder will terminate automatically upon any breach by you of the Terms or any Additional Terms, as defined in Section 1 above. Individuals or entities who have received Collective Works (as defined in Section 1) from You under the License granted by Section 5, however, will not have their licenses terminated, provided that such individuals or entities remain in full compliance with the license terms and Sections 6 through 9 of this agreement.

13.3. The Maintainer may, at any time: (a) modify, suspend or terminate the operation of or access to the Site, any Service, or any portion thereof, for any reason; (b) modify or change the Site or Services, or any portion thereof, and any Terms, Additional Terms, and other policies governing the use of the Site or Services, for any reason; (c) interrupt the operation of the Site or Services, or any portion of the Site or Services, for any reason, all as the Maintainer deems appropriate in its sole discretion.

13.4. Your access to, and use of, the Site or Services may be terminated by you or by the Maintainer at any time and for any reason whatsoever, without notice.

13.5. Upon termination of these Terms by you, or as a result of your breach of the Terms or any Additional Terms, you agree to immediately cease distribution of any Collective Works, and destroy any copies of the Works and other content or information obtained from, or through the Site or Services, including, without limitation, downloaded copies, caches, archives, mirrors, backups, and printed materials. Unauthorized use of such materials may violate copyright laws, trademark laws, laws of privacy and publicity, and communications regulations and statutes.

13.6. The Maintainer reserves the right to delete and purge any and all information associated with a User following termination of these Terms by any party, termination of the Site or any Service, or a prolonged period of inactivity by the User as may be determined by the Maintainer in its sole discretion. Unless required by law, the Maintainer does not have an obligation to delete or purge any information associated with a User following any termination of the Terms or period of inactivity.

13.7. Sections 1 through 4 and Sections 6 through 18 of this agreement shall survive any termination of the Terms.

14. Successors and assigns

These Terms shall be binding upon, and inure to the benefit of you, the Maintainer, its successors, assigns, heirs, executors, and administrators. The Maintainer may assign its duties or rights hereunder without notice and without your consent. You may not assign your duties or rights hereunder without prior written consent of the Maintainer. Your duties and rights under these Terms and any Additional Terms shall not pass to your successors, assigns, heirs, executors, or administrators, except that any licenses you may have granted according to Section 11 shall remain in full force and effect for the duration of the applicable copyright.

15. Jurisdiction and venue

These Terms and any Additional Terms are governed by and construed by the laws of the Commonwealth of Massachusetts, in the United States, exclusive of its choice of law rules. The parties agree that any disputes or proceedings between the Maintainer and you concerning these Terms, any Additional Terms, and/or the Site or Services shall be brought in a federal or state court of competent jurisdiction sitting in the Middlesex County of Massachusetts, and hereby consent to the personal jurisdiction and venue of such court.

16. General

Either party's failure to insist on, or enforce strict performance of, any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. A printed version of the Terms (along with Additional Terms, where applicable) and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form. The headings in the Terms are provided for convenience only and shall not be used to construe meaning or intent.

17. Limitation

The parties agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Website or Services must be filed within three (3) years after the claim or cause of action arose or be forever barred.

18. Notice

The Maintainer shall give you notices pertaining to this agreement by email sent to the most recent email address, if any, provided by you to the Maintainer. You hereby consent to receive email notices regarding the Terms and assume the full responsibility of keeping your email address on file with the Maintainer up-to-date. The email notice shall be deemed received at the time it is sent by the Maintainer, even if your email address is out-of-date or invalid. The Maintainer may, in its sole discretion, use U.S. mail or courier delivery to send notices to your mailing address. Such notices shall be deemed received at the time they are delivered or 4 business days after they are mailed, whichever is earlier.

19. Attributions

The software running this Site is published under terms of the GNU Affero General Public License, with Corresponding Source as defined therein available at https://github.com/jaywink/socialhome.

This document has been prepared using excerpts of the following documents, in accordance with public licenses thereto:

  1. Master Terms of Use by Creative Commons; retrieved from http://creativecommons.org/terms on June, 15 2012.
  2. Attribution-NonCommercial-NoDerivs License 3.0, United States edition, by Creative Commons; retrieved from http://creativecommons.org/licenses/by-nc-nd/3.0/us/legalcode on June, 15 2012.
  3. Attribution License 3.0, Unported edition, by Creative Commons; retrieved from http://creativecommons.org/licenses/by/3.0/legalcode on June, 17 2012.
  4. Socialhome Terms of service; retrieved from https://socialhome.network/terms/ on March, 9 2020.

Neither the Maintainer, nor its Site, Services, or other products have any connection with, sponsorship, or endorsement by Creative Commons or Socialhome.