growstuff/app/views/pages/tos.html.haml

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%h1#title Growstuff Terms of Service
%p
  We hate legalese, so we've tried to make our Terms of Service readable. If you've got any questions, feel free to
  <a href="mailto:support@growstuff.org">ask us</a>, and we'll do our best to answer.
%p
  The Growstuff maintainers ("we", "us", "our", "Growstuff") present the following terms and conditions, which govern
  your use of the Growstuff website at <a href="http://www.growstuff.org">growstuff.org</a>, and all content, services
  and products available at or through the website, which we collectively refer to as "the Service".
%p
  To use the Service, you need to agree to these Terms of Service, along with all other policies we publish (including,
  but not limited to, Growstuff's Privacy Policy, API and Data Use Policy, Copyright Infringement Policy and Community
  Guidelines). We refer to this as "the Agreement".
%p
  Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the
  Service, you agree that you are bound by the terms and conditions of this Agreement. If you do not agree to all the
  terms and conditions of this Agreement, then you may not access the Service.
%h2 1. Your Account
%p
  If you create an account on the Service, you are responsible for maintaining the security of your account. You are
  responsible for all activities that occur under the account. You must take reasonable steps to guard the security of
  your account. We will not be liable for anything that happens if your account security is breached as a result of your
  failure to protect it.
%h2 2. Account Structure
%p Growstuff has one type of account, and it is free.
%p
  By using this Service, you agree to Growstuff's right to change, modify, or discontinue the features available to your
  account at any time.
%h2 3. Content policy
%p
  Our content policy relates to any material you may post on the Growstuff website or through the Service, which we call
  "Content". This includes profile information, posts and comments, information about your food growing activity, and
  any other material, whether text, graphics, or any other format, which you may post on Growstuff itself or link to
  from Growstuff.
%p
  All Content posted to the Service in any way is the responsibility of the owner. If Content is deemed illegal by any
  law having jurisdiction over you, you agree that we may submit any necessary information to the proper authorities.
%p
  We claim no ownership or control over any Content that you post to the Service. You retain any intellectual property
  rights to the Content you post, in accordance with applicable law. By posting Content, you represent that you have the
  rights to reproduce that Content (and the right to allow us to serve such Content) without violation of the rights of
  any third party. You agree that you will bear any liability resulting from the posting of any Content that you do not
  have the rights to post.
%p
  You grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the
  Content, solely for the purpose of displaying, distributing and promoting the contents of your account, through any
  part of the Service including through our API, feeds, and external clients.
%p
  If you delete Content, we will use reasonable efforts to remove it from the Service, but you acknowledge that caching
  or references to the Content may not be made immediately unavailable.
%h3 3.1 Structured Data
%p
  There is a subset of Content which we refer to as "Structured Data". Structured Data is Content which represents
  simple facts, rather than creative effort. For instance, locations, dates, or the type and number of crops you have
  planted are Structured Data. Structured Data may be created explicitly by you or implicitly by the Website in response
  to your activity.
%p
  By using the Service, you acknowledge that Structured Data will be gathered and stored by Growstuff, and that any
  Structured Data pertaining to you or your activity may be made available for use by third parties under a Creative
  Commons Attribution ShareAlike (CC-BY-SA) license. You also agree that attribution for the Structured Data under the
  terms of the Creative Commons license will be given to Growstuff.
%h3 3.2 Content Posted on Other Websites
%p
  We have not reviewed, and cannot review, all of the material, including computer software, made available through the
  websites and webpages to which we, any user, or any provider of Content links, or that link to us. We do not have any
  control over those websites and webpages, and are not responsible for their contents or their use. By linking to an
  external website or webpage, we do not represent or imply that we endorse such website or webpage. You are responsible
  for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses,
  and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of
  external websites and webpages, whether that link is provided by us or by any provider of Content on the Service.
%h3 3.3 How we deal with problem Content
%p You agree that by using the Service, you may be exposed to Content you find offensive or objectionable.
%p
  We do not pre-screen Content. However, you acknowledge that we have the right (but not the obligation), in our sole
  discretion, to remove or refuse to remove any Content from the Service. If such Content is reported to us, it will be
  our sole discretion as to what action, if any, should be taken.
%p
  If any Content you have submitted is reported to us as violating this Agreement, you agree that we may call upon you
  to change, modify, or remove that Content, within a reasonable amount of time, as defined by us. If you do not follow
  this directive, we may terminate your account.
%h2 4. Member Conduct
%p You agree that you will not use the Service to:
%ol
  %li
    Upload, post, or otherwise transmit any Content that is harmful, threatening, abusive, hateful, invasive to the
    privacy and publicity rights of any person, or that violates any applicable local, state, national, or international
    law, including any regulation having the force of law;
  %li
    Upload, post, or otherwise transmit any Content that is spam, or contains unethical or unwanted commercial content
    designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to
    further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  %li
    Maliciously impersonate any real person or entity, including but not limited to a Growstuff staff member or
    volunteer, or otherwise misrepresent your affiliation with any person or entity;
  %li
    Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under
    contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned
    or disclosed as part of employment relationships or under nondisclosure agreements);
  %li
    Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or
    other proprietary rights of any party;
  %li
    Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements,
    procedures, policies or regulations of networks connected to the Service;
  %li
    Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other
    users;
  %li
    Upload, post or otherwise transmit any Content that contains viruses, worms, malware, Trojan horses or other harmful
    or destructive content;
  %li Allow usage by others in such a way as to violate this Agreement;
  %li Make excessive or otherwise harmful automated use of the Service;
  %li
    Access any other person's account, or exceed the scope of the Service that you have signed up for; for example,
    accessing and using features you don't have a right to use.
%p
  You agree that you will abide by the Community Guidelines, which are currently available at
  <a href="http://www.growstuff.org/policy/community">http://www.growstuff.org/policy/community</a>.
%h2 5. Volunteers
%p
  We appreciate the service of volunteers in many aspects of Growstuff's operations. Volunteer activities include but
  are not limited to developing software, providing technical support, writing documentation, performing site
  administration duties, providing expert advice, research, technical writing, reviewing, categorizing, and other duties
  as necessary to support the operation of the Service.
%p All volunteers are expected to be of legal age, or volunteering with the consent of a legal parent or guardian.
%p
  By volunteering, you agree that any work created as a result of your volunteer activities shall be licensed to
  Growstuff on a perpetual, irrevocable, and world-wide basis, to the extent permitted by law. You agree that Growstuff
  may determine the basis upon which your volunteer work shall be licensed to others, including under Open Source or
  Creative Commons licenses that may permit the further alteration or dissemination of your work. If laws prevent such
  licensing, you agree never to sue Growstuff for the use of said work.
%p
  By volunteering, you agree that you are providing your work with no expectation of pay or future consideration by
  Growstuff. You also agree that you have exercised reasonable diligence to ensure that the work is correct, accurate, and
  free of defect. You agree that you will not disclose or share any proprietary or confidential information you are
  provided with in the course of your volunteer work.
%p No user is required to volunteer, and users who do not volunteer will receive equal care, support, and attention.
%h2 6. Privacy Policy
%p
  Your use of the Website is governed by the Privacy Policy, currently located at
  <a href="http://www.growstuff.org/policy/privacy">http://www.growstuff.org/policy/privacy</a>.
%h2 7. API and Data Use Policy
%p
  Your use of our API and/or data is governed by our API and Data Use Policy, currently located at
  <a href="http://www.growstuff.org/policy/api">http://www.growstuff.org/policy/api</a>.
%h2 8. Copyright Infringement
%p
  If you believe that material located on the Website violates your copyright, you may notify us in accordance with our
  Copyright Infringement Policy, currently located at
  <a href="http://www.growstuff.org/policy/copyright">http://www.growstuff.org/policy/copyright</a>.
%h2 9. Resale of Services
%p
  You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service,
  or access to the Service, except as is permitted under our API and Data Use Policy, open source license pertaining to
  the Service's source code, or Creative Commons licenses pertaining to Content or other material posted on the Service.
%h2 10. Indemnity
%p
  You agree to indemnify and hold harmless Growstuff, its contractors, its licensors, and their respective directors,
  officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising
  out of your use of the Service, including but not limited to out of your violation of this Agreement.
%h2 11. Termination
%p
  Growstuff may terminate your account or otherwise restrict your use of the Service at any time if we believe you have
  violated this Agreement. If this occurs, you will be notified by email, and we will tell you which part of the
  Agreement we believe you violated. We may, at our discretion, choose to issue a warning rather than terminate your
  account, in which case you will also be notified by email and told which part of the Agreement we believe you
  violated. We will also provide you with a contact address where you may appeal our decision; however, we do not
  guarantee that we will change our minds.
%p
  You agree that any termination of your access to the Service may involve removing or discarding any content you have
  provided.
%p We may, at our sole discretion, discontinue providing the Service at any time, with or without notice.
%p
  If you wish to terminate this Agreement, you may delete your account and cease using the Service. You agree that, upon
  deletion of your account, we may, but are not required to, remove any Content you have provided, at any time past the
  deletion of your account.
%p
  All provisions of this Agreement which by their nature should survive termination shall survive termination,
  including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
%h2 12. Changes
%p
  We reserve the right, at our sole discretion, to modify or replace any part of this Agreement at any time. A history
  of changes to this Agreement is available via our public source code repository at
  <a href="https://github.com/Growstuff/policy">https://github.com/Growstuff/policy</a>. We will take reasonable steps
  to notify you of any substantial changes to this Agreement; however, it is your responsibility to check this Agreement
  periodically for changes. Your continued use of the Service following the posting of any changes to this Agreement
  constitutes acceptance of those changes.
%p
  We may also, in the future, offer new features or services through the Service. Such new features and/or services
  shall be subject to the terms and conditions of this Agreement.
%h2 13. Disclaimer of Warranties
%p
  This Service is provided "as is". The Growstuff Maintainers and its suppliers and licensors hereby disclaim all
  warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness
  for a particular purpose and non-infringement. Neither the Growstuff Maintainers nor its suppliers and licensors
  make any warranty that the Service will be error free or that access to the Service will be continuous or
  uninterrupted. You agree that any interruptions to the service will not qualify for reimbursement or compensation. You
  understand that you download from, or otherwise obtain content or services through, the Service at your own discretion
  and risk.
%p
  No advice or information, whether oral or written, obtained by you in any fashion shall create any warranty not
  expressly stated in this Agreement.
%h2 14. Limitation of Liability
%p
  You expressly understand and agree that in no event will the Growstuff Maintainers or its suppliers or licensors be
  liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other
  legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or
  substitute products or services; (iii) interruption of use or loss or corruption of data; (iv) any statements or
  conduct of any third party on the service; or (v) any unauthorized access to or alterations of your Content. We shall
  have no liability for any failure or delay due to matters beyond our reasonable control.
%p The foregoing shall not apply to the extent prohibited by applicable law.
%h2 15. General Information
%p
  This Agreement constitutes the entire agreement between us and you concerning your use of the Service. This Agreement
  may only be modified by a written amendment signed by an authorized representative of the Growstuff Maintainers, or by
  the posting of a revised version to this location. Except to the extent that applicable law (if any) provides
  otherwise, any dispute arising between you and the Growstuff Maintainers regarding these Terms of Service and/or your
  use or access of the Service will be governed by the laws of the state of Victoria and the federal laws of Australia,
  excluding any conflict of law provisions. You agree to submit to the jurisdiction of the state and federal courts
  located in Melbourne, Australia for any disputes arising out of or relating to your use of the Service or your
  acceptance of this Agreement.
%p
  If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties'
  original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term
  or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or
  any subsequent breach thereof.
%p The section titles in this Agreement are for convenience only and have no legal or contractual effect.
%h2 16. Reporting Violations
%p
  To report a violation of this agreement, please email
  <a href="mailto:support@growstuff.org">support@growstuff.org</a>.
%h2 17. Creative Commons
%p
  This Terms of Service document is based on one developed by Automattic
  (<a href="http://wordpress.com/tos/">http://wordpress.com/tos/</a>) with amendments by Dreamwidth
  (<a href="http://www.dreamwidth.org/legal/tos">http://www.dreamwidth.org/legal/tos</a>) and is licensed under a
  <a href="http://creativecommons.org/licenses/by-sa/2.5/">Creative Commons Attribution-ShareAlike 2.5 License</a>.