Last updated: July 5, 2020
+ +This privacy policy describes what information <%= @app_name %> + (collectively "we", "us", "our") collects about you when you use our website + or services (referred to as our "Site" or "Services"), how we use your + information, and what rights you have in relation to your information.
+ +If there are any terms or conditions in this privacy policy that you do + not agree with, please discontinue your use of our Site and our Services. + If you have any questions or concerns about this policy, or our practices + in regards to your personal information, you may contact us at + <%= link_to @contact_email, "mailto:#{@contact_email}" %>.
+ +Summary: We collect information you directly give us.
+ +We collect information you directly provide to us when you use our + Services. What information we collect depends on how you use our Services. + The information we may collect includes:
+ +Summary: We collect some information about you + automatically, including your IP address, information about your computer, + and information about your site usage.
+ +Summary: If you choose to link other sites to your + <%= @app_name %> account, we will receive profile information about you + from those sites.
+ +We may receive information about you from other sources and combine that + information with other information we have about you. For example, we may + give you the option to link your <%= @app_name %> account to your accounts + on other sites, such as your Google, Twitter, or other accounts. If you + choose to link a third-party account to your <%= @app_name %> account, we + will collect information about you from that account as described in the + section titled How We Handle Linked Accounts below.
+ +Summary: We use your information to provide services to + you, to operate the Site, and to enforce our Terms of Service.
+ +We use your information to:
+ +Summary: Most activity on <%= @app_name %> is public. We + won't share your information with advertisers without your consent. We + won't share information about you with third parties, except as required + under certain conditions.
+ +When you use the Site, certain information about you may be shared with + other users, with Site moderators or other authorized users, or with the + general public. For example:
+ +Otherwise, we do not share, sell, or give away your personal information + to third parties unless one of the following circumstances applies:
+ +Summary: If you link other sites to your <%= @app_name %> + account, we will receive profile information about you from those sites. We + won't disclose any information about you to those sites.
+ +We may offer you the ability to sign up or login using third-party + social media accounts (such as your Google or Twitter accounts), or to link + other third-party accounts to your <%= @app_name %> account. If you choose + to do this, we will receive certain profile information about you from the + third-party service. The profile information we receive may vary depending + on the service concerned, but will often include your username, email + address, profile picture, as well as other information included in your + public profile. + +
We will use the information we receive only for the purposes that are + described in this Privacy Policy, or to provide features that are described + to you when you link your account. You may unlink third-party accounts + from your account at any time, at which point we will delete any + information about you we have collected from these services.
+ +We will not use any information collected about you from third-party + services for marketing purposes without your consent. We will not disclose + any information about you or your usage of our Site to any third-party + websites you have linked your <%= @app_name %> account with. Please note, + however, that we do not control, and are not responsible for, the behavior + of third-party websites. We recommend that you review their privacy + policies to understand how they collect, use and share your personal + information, and how you can set your privacy preferences on their sites + and apps.
+ +If you would like to review or change the information in your account, + such as your user name, password, email address, or other settings, you + can visit your <%= link_to "account settings", settings_path %> and update + your settings.
+ +Summary: You may deactivate your account, but we may + retain your IP address and your public contributions to the Site.
+ +If you would like to delete your account, you may request your + account to be deactivated <%= link_to "here", maintenance_user_deletion_path %>.
+ +When your account is deactivated, we will delete your non-public personal + information from our active systems, including your email address, + password, account preferences, saved searches, and private favorites, and + we will disassociate your username from content you have submitted to + the Site, including your uploads, votes, comments, forum posts, private + messages, translation notes, wiki pages, tag edits, and other public + contributions you have made to the Site.
+ +Please note that content that you have submitted to the Site will not + be removed from the Site after deactivating your account. In particular, + your uploads will not be removed from the Site, private messages you have + sent to other users will not be deleted, your comments and forum posts will + still be visible to others unless you delete them before deleting your + account. Comments, forum posts, or messages posted by other users + mentioning you by name or quoting you will still be visible to others.
+ +We may retain certain other information about you even after you + deactivate your account, including your IP address, your user ID, your past + usernames, and other identifiers associated with your account. We may + retain this information as required by law or as necessary for legitimate + business needs, such as for preventing spam, abuse, or violations of our + Terms of Service.
+ +If you would like to opt out of receiving emails from the Service, you + may unsubscribe by clicking on the unsubscribe link in the emails that we + send or by disabling email notifications in your + <%= link_to "account settings", settings_path %>. We may still send you + emails relating to the use or security of your account, such as when + resetting your password.
+ +Most web browsers are set to accept cookies by default. If you prefer, + you can usually choose to set your browser to remove or reject first- and + third-party cookies. Please note that if you choose to remove or reject + cookies, this could affect the availability and functionality of our + Site.
+ +Persons under the age of 18 are not allowed to create an account or + otherwise use our Services. By using our Services, you represent that you + are over the age required by the laws of your country to create an account + or otherwise use our Services.
+ +Summary: We keep your information for as long as + necessary to fulfill the purposes outlined in this privacy policy, unless + otherwise required by law.
+ +We store the information we collect for as long as it is necessary for + the purpose(s) for which we originally collected it. We may retain certain + information for legitimate business purposes or as required by law.
+ +When we have no ongoing legitimate business need to process your + personal information, we will either delete or anonymize it, or, if this is + not possible (for example, because your personal information has been + stored in backup archives), then we will securely store your personal + information and isolate it from any further processing until deletion is + possible.
+ +Summary: We store data in the United States and operate under US law.
+ +We are based in the United States and we process and store information + on servers located in the United States. We may store information on + servers and equipment in other countries depending on a variety of factors, + including the locations of our users and service providers. By accessing or + using the Site or otherwise providing information to us, you consent to + the processing, transfer and storage of information in and to the U.S. and + other countries, where you may not have the same rights as you do under + local law.
+ +Summary: We take reasonable measures to secure your + data. We will promptly notify you of breaches of your personal + information.
+ +We take reasonable measures to protect your personal information from + loss, theft, misuse, unauthorized access, disclosure, alteration, or + destruction. We also enforce technical and administrative access controls + to limit access to non-public personal information by staff members or + designated representatives of <%= @app_name %>. However, although we will + do our best to protect your personal information, transmission of personal + information to and from our Services is at your own risk. You should only + access our Services within a secure environment.
+ +In the event that we become aware of a privacy breach which has resulted + or may result in unauthorized access, use or disclosure of your personal + information, we will investigate the matter and promptly notify you and the + applicable Supervisory Authority of the breach, unless the breach is + unlikely to result in a risk to the rights and freedoms of natural + persons.
+ +Summary: We may update this policy from time to time.
+ +We may update this Privacy Policy from time to time. The updated policy + will be indicated by a new "Last updated" date at the top of this page. If + we make material changes to this Privacy Policy, we may, at our discretion, + notify you either by prominently posting a notice of such changes or by + directly sending you a notification. We encourage you to review this + Privacy Policy frequently to stay informed of how we handle your personal + information.
+ +Changes to this Privacy Policy will go into effect as soon as the + updated Privacy Policy is accessible. By continuing to use our Services + after changes to our Privacy Policy go into effect, you agree to be bound + by the revised policy.
+Please read the following before using the site:
- -Last updated: July 5, 2020
+ +These Terms of Service ("Terms") govern your access to and use of our + Site and Services. By accessing or using our Site, you agree to be bound by + these Terms. If you do not agree to these Terms, you may not access or use + the Site.
+ +In addition to these Terms of Service, the + <%= link_to_wiki "Upload Rules", "help:upload_rules" %>, + <%= link_to_wiki "Community Rules", "help:community_rules" %>, + and <%= link_to "Privacy Policy", privacy_policy_path %> also govern your + use of the Site.
+ +Persons under the age of 18 are not allowed to create an account or + otherwise use our Services. By using our Services, you represent that you + are over the age required by the laws of your country to create an + account.
+ +We may suspend or terminate your account or your ability to access or + use the Site at any time for any or no reason, including for a violation of + these Terms, the <%= link_to_wiki "Upload Rules", "help:upload_rules" %>, + or the <%= link_to_wiki "Community Rules", "help:community_rules" %>.
+ +When accessing or using the Site, you agree to follow these Terms of + Service, the <%= link_to_wiki "Upload Rules", "help:upload_rules" %>, and + the <%= link_to_wiki "Community Rules", "help:community_rules" %>. + +
When accessing or using the Site, you will not:
+ +You cannot upload a post during the first week of signing up.
-After the initial period, you can post a variable number of posts based on how many of your previous uploads were approved or deleted.
-You may not upload any of the following:
-The following may be uploaded, but will be put to a higher level of artistic and qualitative scrutiny than normal, and (if applicable) you must tag them with the corresponding tag. Please do not upload more than 20 a day of these works:
-All content submitted to the Site, including text, links, translations, + images, videos, animations, songs, games, and any other materials + (collectively referred to as "Content") is the sole responsibility of the + person who submitted the Content. We take no responsibility for Content + submitted to the Site by users.
-The following may be uploaded but are generally not recommended unless a better copy cannot be found:
-Any Content you submit to the Site must abide by these Terms of Service, the + <%= link_to_wiki "Upload Rules", "help:upload_rules" %>, and the <%= + link_to_wiki "Community Rules", "help:community_rules" %>. Although we have + no obligation to monitor, review, or moderate any Content submitted to the + Site, we may, in our sole discretion, delete or remove access to Content at + any time and for any reason, including for a violation of these Terms, a + violation of our Upload Rules, or if you otherwise create liability for + us.
-You understand that by using the Site, you may be exposed to Content + that might be considered offensive, harmful, obscene, inaccurate, + mislabeled, mistagged, unlawful in your jurisdiction, or otherwise + inappropriate. The use of any Content posted on the Site or obtained by you + through the Site is at your own risk. We do not endorse, support, represent + or guarantee the completeness, truthfulness, accuracy, or reliability of + any Content or communications posted on the Site or endorse any opinions + expressed via the Site.
-If you believe a post infringes upon your copyright, please send an email to the <%= mail_to Danbooru.config.contact_email, "webmaster", :encode => "hex" %> with the following pieces of information:
-By submitting, posting, or uploading any Content to the Site, you + represent and warrant that you have all rights, power, and authority + necessary to grant the rights to Your Content contained within these Terms. + You agree you are responsible for any Content you provide to the Site, + including compliance with any applicable laws, rules, and regulations. + Because you alone are responsible for Your Content, you may expose yourself + to liability if you post or share Content without all necessary rights.
-By submitting Content to the Site, you grant <%= @app_name %> a + worldwide, royalty-free, perpetual, irrevocable, non-exclusive, + transferable, and sublicensable license to use, copy, modify, adapt, + distribute, create derivative works from, allow downloads of, and display + Your Content in all media formats and channels now known or later + developed.
-Danbooru will not disclose the IP address, email address, password, or DMails of any user except to the staff.
-Danbooru is allowed to make public everything else, including but not limited to: uploaded posts, favorited posts, comments, forum posts, wiki edits, and note edits.
-If you believe any Content on the Site infringes upon your copyright, + you may send an email to the <%= link_to "webmaster", "mailto:#{@contact_email}" %> + with the following pieces of information:
-You may have alternative accounts for bots or scripts, but if there's any suspicion you either create a new account or reuse an existing one to evade a ban or any sort of account limitation (limited uploads, loss of flagging or user feedback permissions), then all your accounts will be banned. Bot accounts that flag posts or leave user feedback are not permitted and will be banned.
-Account sharing is not permitted. If you are suspected of sharing an account, then it will be banned.
-Acceptable proof of identity includes any of the following:
+ +Please be aware that information about you that does not infringe on + your copyright will not be removed from the Site. This includes artist + tags, artist profiles, wiki pages, comments, forum posts, links to your + social media profiles, and links to your works on other sites.
+ +If you knowingly misrepresent that any activity or material on our Site + is infringing, you may be liable for costs and damages.
+ +You may submit your debit card, credit card, or other payment information + ("Payment Information") to purchase a Gold or Platinum account upgrade or + other products or services from the Site. We use third-party service + providers to process your Payment Information, in accordance with our + Privacy Policy. 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.
+ +We may change the fees and benefits associated with Gold and Platinum + account upgrades from time to time with reasonable advance notice; + provided, however, that no advance notice will be required for temporary + promotions, including temporary reductions in the fees associated with + these account upgrades.
+ +If you use our API, you agree to abide by the rate limits described in + our <%= link_to_wiki "API Documentation", "help:api" %>.
+ +Our <%= link_to "Privacy Policy", privacy_policy_path %> describes how + we handle any information we obtain about you when you use our Services. + You understand that through your use of our Services you consent to the + collection and use of your information as described in our Privacy Policy.
+ +"<%= @app_name %>", "we", or "us" refers to <%= @app_name %>, its + successors, and its assigns. "You" refers to any person who has consented + to these terms or has become contractually bound to them, whether such + person is identified or not at the time.
+ +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 provision of these Terms is, for any reason, + held to be illegal, invalid or unenforceable, the rest of the Terms will + remain in effect. You may not assign or transfer any of your rights or + obligations under these Terms without our consent. We may freely assign + these Terms.
+ +We may update these Terms from time to time. The updated Terms will be + indicated by a new "Last updated" date at the top of this page. If we make + material changes to these Terms, we may, at our discretion, notify you + either by prominently posting a notice of such changes or by directly + sending you a notification.
+ +Changes to these Terms will go into effect as soon as the updated Terms + are accessible. By continuing to use our Services after changes to these + Terms go into effect, you agree to be bound by the revised Terms.
+ +THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES + OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, + IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, + AND NON-INFRINGEMENT. <%= @app_name.upcase %>, ITS LICENSORS, AND ITS THIRD + PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, + COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. <%= @app_name.upcase %> 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 <%= @app_name.upcase %> 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 AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, + NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE <%= @app_name.upcase %> + 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 LOSS OF DATA RESULTING + THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE <%= @app_name.upcase %> + ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT + YOU PAID <%= @app_name.upcase %> 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 (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE <%= @app_name.upcase %> + ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF + ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. + THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT + PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
+