265 lines
12 KiB
Plaintext
265 lines
12 KiB
Plaintext
<% page_title "Terms of Service" %>
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<% @app_name = Danbooru.config.canonical_app_name %>
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<% @canonical_url = Danbooru.config.canonical_url %>
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<% @contact_email = Danbooru.config.contact_email %>
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<div id="c-static">
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<div id="a-terms-of-service" class="prose fixed-width-container">
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<h1>Terms of Service</h1>
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<p class="summary">Last updated: July 5, 2020</p>
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<p>These Terms of Service ("Terms") govern your access to and use of our
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Site and Services. By accessing or using our Site, you agree to be bound by
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these Terms. If you do not agree to these Terms, you may not access or use
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the Site.</p>
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<p>In addition to these Terms of Service, the
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<%= link_to_wiki "Upload Rules", "help:upload_rules" %>,
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<%= link_to_wiki "Community Rules", "help:community_rules" %>,
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and <%= link_to "Privacy Policy", privacy_policy_path %> also govern your
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use of the Site.</p>
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<h4>Access To The Site</h4>
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<p>Persons under the age of 18 are not allowed to create an account or
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otherwise use our Services. By using our Services, you represent that you
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are over the age required by the laws of your country to create an
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account.</p>
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<p>We may suspend or terminate your account or your ability to access or
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use the Site at any time for any or no reason, including for a violation of
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these Terms, the <%= link_to_wiki "Upload Rules", "help:upload_rules" %>,
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or the <%= link_to_wiki "Community Rules", "help:community_rules" %>.</p>
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<h4>Things You Cannot Do</h4>
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<p>When accessing or using the Site, you agree to follow these Terms of
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Service, the <%= link_to_wiki "Upload Rules", "help:upload_rules" %>, and
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the <%= link_to_wiki "Community Rules", "help:community_rules" %>.
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<p>When accessing or using the Site, you will not:</p>
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<ul class="list-bulleted">
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<li>
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Create multiple accounts to bypass or circumvent bans, account
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restrictions, site rules, or to send spam.
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</li>
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<li>
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Bypass or circumvent any limitations or restrictions placed on your
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account, including upload limits, comment limits, rate limits, post
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access restrictions, and any other limits.
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</li>
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<li>
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Share, sell, trade, transfer, or give access to your account to any
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other user.
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</li>
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<li>
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Sell or trade privileged user accounts, including Gold, Platinum, or
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Builder accounts.
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</li>
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<li>
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Send spam or unsolicited messages, including via comments, forum posts,
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and private messages.
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</li>
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<li>
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Attempt to gain unauthorized access to another user's account, the Site,
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or to any computer systems or networks used by the Site.
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</li>
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<li>
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Upload malware, computer viruses, or other malicious content to the
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Site, or distribute or link to any such content through the Site.
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</li>
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<li>
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Prevent or disrupt other users from using the Site, or damage,
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overburden, or impair the operation of the Site in any manner.
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</li>
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<li>
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Create, use, or distribute bots or scripts that cause harm to the Site,
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or that allow users to bypass restrictions on the Site.
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</li>
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</ul>
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<h4>User-Generated Content</h4>
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<p>All content submitted to the Site, including text, links, translations,
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images, videos, animations, songs, games, and any other materials
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(collectively referred to as "Content") is the sole responsibility of the
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person who submitted the Content. We take no responsibility for Content
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submitted to the Site by users.</p>
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<p>Any Content you submit to the Site must abide by these Terms of Service, the
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<%= link_to_wiki "Upload Rules", "help:upload_rules" %>, and the <%=
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link_to_wiki "Community Rules", "help:community_rules" %>. Although we have
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no obligation to monitor, review, or moderate any Content submitted to the
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Site, we may, in our sole discretion, delete or remove access to Content at
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any time and for any reason, including for a violation of these Terms, a
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violation of our Upload Rules, or if you otherwise create liability for
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us.</p>
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<p>You understand that by using the Site, you may be exposed to Content
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that might be considered offensive, harmful, obscene, inaccurate,
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mislabeled, mistagged, unlawful in your jurisdiction, or otherwise
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inappropriate. The use of any Content posted on the Site or obtained by you
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through the Site is at your own risk. We do not endorse, support, represent
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or guarantee the completeness, truthfulness, accuracy, or reliability of
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any Content or communications posted on the Site or endorse any opinions
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expressed via the Site.</p>
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<p>By submitting, posting, or uploading any Content to the Site, you
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represent and warrant that you have all rights, power, and authority
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necessary to grant the rights to Your Content contained within these Terms.
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You agree you are responsible for any Content you provide to the Site,
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including compliance with any applicable laws, rules, and regulations.
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Because you alone are responsible for Your Content, you may expose yourself
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to liability if you post or share Content without all necessary rights.</p>
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<p>By submitting Content to the Site, you grant <%= @app_name %> a
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worldwide, royalty-free, perpetual, irrevocable, non-exclusive,
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transferable, and sublicensable license to use, copy, modify, adapt,
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distribute, create derivative works from, allow downloads of, and display
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Your Content in all media formats and channels now known or later
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developed.</p>
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<h4>Copyright Infringment</h4>
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<p>If you believe any Content on the Site infringes upon your copyright,
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you may send an email to the <%= link_to "webmaster", "mailto:#{@contact_email}" %>
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with the following pieces of information:</p>
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<ul class="list-bulleted">
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<li>A list of links to each post you believe infringes on your copyright.</li>
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<li>Your contact information.</li>
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<li>Proof of your identity.</li>
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<li>
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A statement affirming that you are the copyright holder for these
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works, under penalty of perjury.
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</li>
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</ul>
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<p>Acceptable proof of identity includes any of the following:</p>
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<ul class="list-bulleted">
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<li>
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An email from an email address listed in one of your social media
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profiles.
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</li>
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<li>
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A copy or screenshot of the original .psd file or other source file
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of one of your works.
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</li>
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</ul>
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<p>Please be aware that information about you that does not infringe on
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your copyright will not be removed from the Site. This includes artist
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tags, artist profiles, wiki pages, comments, forum posts, links to your
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social media profiles, and links to your works on other sites.</p>
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<p>If you knowingly misrepresent that any activity or material on our Site
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is infringing, you may be liable for costs and damages.</p>
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<h4>Account Upgrades</h4>
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<p>You may submit your debit card, credit card, or other payment information
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("Payment Information") to purchase a Gold or Platinum account upgrade or
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other products or services from the Site. We use third-party service
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providers to process your Payment Information, in accordance with our
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Privacy Policy. If you submit your Payment Information, you agree to pay
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all costs that you incur, and you give us permission to charge you when
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payment is due for an amount that includes these costs and any applicable
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taxes and fees.</p>
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<p>We may change the fees and benefits associated with Gold and Platinum
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account upgrades from time to time with reasonable advance notice;
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provided, however, that no advance notice will be required for temporary
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promotions, including temporary reductions in the fees associated with
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these account upgrades.</p>
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<h4>API Usage</h4>
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<p>If you use our API, you agree to abide by the rate limits described in
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our <%= link_to_wiki "API Documentation", "help:api" %>.</p>
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<h4>Privacy</h4>
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<p>Our <%= link_to "Privacy Policy", privacy_policy_path %> describes how
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we handle any information we obtain about you when you use our Services.
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You understand that through your use of our Services you consent to the
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collection and use of your information as described in our Privacy Policy.</p>
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<h4>Miscellaneous</h4>
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<p>"<%= @app_name %>", "we", or "us" refers to <%= @app_name %>, its
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successors, and its assigns. "You" refers to any person who has consented
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to these terms or has become contractually bound to them, whether such
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person is identified or not at the time.</p>
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<p>These Terms constitute the entire agreement between you and us regarding
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your access to and use of the Services. Our failure to exercise or enforce
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any right or provision of these Terms will not operate as a waiver of such
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right or provision. If any provision of these Terms is, for any reason,
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held to be illegal, invalid or unenforceable, the rest of the Terms will
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remain in effect. You may not assign or transfer any of your rights or
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obligations under these Terms without our consent. We may freely assign
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these Terms.</p>
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<h4>Changes to These Terms</h4>
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<p>We may update these Terms from time to time. The updated Terms will be
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indicated by a new "Last updated" date at the top of this page. If we make
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material changes to these Terms, we may, at our discretion, notify you
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either by prominently posting a notice of such changes or by directly
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sending you a notification.</p>
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<p>Changes to these Terms will go into effect as soon as the updated Terms
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are accessible. By continuing to use our Services after changes to these
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Terms go into effect, you agree to be bound by the revised Terms.</p>
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<h4>No Warranties</h4>
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<p>THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES
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OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
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IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
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AND NON-INFRINGEMENT. <%= @app_name.upcase %>, ITS LICENSORS, AND ITS THIRD
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PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE,
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COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. <%= @app_name.upcase %> DOES
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NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON
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OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER,
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INCLUDING MODERATORS. WHILE <%= @app_name.upcase %> ATTEMPTS TO MAKE YOUR
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ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT
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OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.</p>
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<h4>Limitation of Liability</h4>
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<p>IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT,
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NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE <%= @app_name.upcase %>
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ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
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INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR
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RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR
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RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE
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DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT
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YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
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DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING
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THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE <%= @app_name.upcase %>
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ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT
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YOU PAID <%= @app_name.upcase %> IN THE PREVIOUS SIX MONTHS FOR THE SERVICES
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GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY
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THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE,
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TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE <%= @app_name.upcase %>
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ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF
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ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
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THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT
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PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.</p>
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</div>
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</div>
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