danbooru/app/views/static/terms_of_service.html.erb

<% page_title "Terms of Service" %>

<% @app_name = Danbooru.config.canonical_app_name %>
<% @canonical_url = Danbooru.config.canonical_url %>
<% @contact_email = Danbooru.config.contact_email %>

<div id="c-static">
  <div id="a-terms-of-service" class="prose fixed-width-container">
    <h1>Terms of Service</h1>

    <p class="summary">Last updated: October 23, 2022</p>

    <p>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.</p>

    <p>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.</p>

    <h4>Access To The Site</h4>

    <p>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.</p>

    <p>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" %>.</p>

    <h4>Things You Cannot Do</h4>

    <p>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" %>.

    <p>When accessing or using the Site, you will not:</p>

    <ul class="list-bulleted">
      <li>
        Create multiple accounts to bypass or circumvent bans, account
        restrictions, site rules, or to send spam.
      </li>

      <li>
        Bypass or circumvent any limitations or restrictions placed on your
        account, including upload limits, comment limits, rate limits, post
        access restrictions, and any other limits.
      </li>

      <li>
        Share, sell, trade, transfer, or give access to your account to any
        other user.
      </li>

      <li>
        Sell or trade privileged user accounts, including Gold, Platinum, or
        Builder accounts.
      </li>

      <li>
        Send spam or unsolicited messages, including via comments, forum posts,
        and private messages.
      </li>

      <li>
        Attempt to gain unauthorized access to another user's account, the Site,
        or to any computer systems or networks used by the Site.
      </li>

      <li>
        Upload malware, computer viruses, or other malicious content to the
        Site, or distribute or link to any such content through the Site.
      </li>

      <li>
        Prevent or disrupt other users from using the Site, or damage,
        overburden, or impair the operation of the Site in any manner.
      </li>

      <li>
        Create, use, or distribute bots or scripts that cause harm to the Site,
        or that allow users to bypass restrictions on the Site.
      </li>
    </ul>

    <h4>User-Generated Content</h4>

    <p>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.</p>

    <p>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.</p>

    <p>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.</p>

    <p>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.</p>

    <p>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.</p>

    <h4>Copyright Infringement</h4>

    <p>The Digital Millennium Copyright Act (DMCA) is a United States law that
    protects websites from copyright infringement claims for content posted by
    the site's users, provided the website complies with the notice and takedown
    procedures as laid out by the DMCA.</p>

    <p>If you believe any Content on the Site infringes upon your copyright, you may report it using our
    <%= link_to "DMCA reporting form", dmca_path %>, or by sending a valid DMCA notice to
    <%= link_to Danbooru.config.dmca_email, "mailto:#{Danbooru.config.dmca_email}" %>.</p>

    <p>DMCA notices must be submitted by one of the methods above. A valid DMCA notice must include all of the following:</p>

    <ul>
      <li>Your contact information, including your name, physical address, phone number, and email address.</li>
      <li>Identification of the material you claim to be infringing and you wish to have removed, with enough information to locate the material. For example, a list of links to each <%= Danbooru.config.canonical_app_name %> post you wish to have removed. Screenshots or simply listing your artist tag, artist name, or social media accounts are not sufficient to locate the exact material you wish to have removed.</li>
      <li>Identification of the work you claim is being infringed. For example, for each <%= Danbooru.config.canonical_app_name %> post you claim infringes on your copyright, a link to where the original work was posted on your social media accounts or personal websites, or a clear written description of the work.</li>
      <li>A statement that you have a good faith belief that the use of the work you believe is being infringed was not authorized by the copyright owner, an agent of the owner, or the law.</li>
      <li>A statement that everything contained in the takedown notice is accurate and that, under penalty of perjury, you are the copyright owner or have permission to act on the copyright owner’s behalf.</li>
      <li>Your physical or electronic signature, or the signature of a person authorized to act on behalf of the person whose copyright is allegedly being infringed. This must be the person's full legal name, not a pseudonym.</li>
    </ul>

    <p>All of the above information is required by the DMCA process. If any required information is omitted or falsified, your DMCA notice may not be processed.</p>

    <p>Certain uses of copyrighted material may not require the copyright owner's permission. In the United States, this concept is known as fair use. If you knowingly misrepresent that any activity or material on our Site is infringing, you may be liable for costs and damages.</p>

    <p>Please be aware that factual information is not generally copyrightable and may not be removed from the Site. This includes tags, artist profiles, wiki pages, links to an artist's social media profiles or other websites, links to works on other websites, and any other factual information that is not protected by copyright.</p>

    <h4>Account Upgrades</h4>

    <p>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.</p>

    <p>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.</p>

    <h4>API Usage</h4>

    <p>If you use our API, you agree to abide by the rate limits described in
    our <%= link_to_wiki "API Documentation", "help:api" %>.</p>

    <h4>Privacy</h4>

    <p>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.</p>

    <h4>Miscellaneous</h4>

    <p>"<%= @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.</p>

    <p>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.</p>

    <h4>Changes to These Terms</h4>

    <p>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.</p>

    <p>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.</p>

    <h4>No Warranties</h4>

    <p>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.</p>

    <h4>Limitation of Liability</h4>

    <p>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.</p>
  </div>
</div>