Terms of Service managed by kevin, submitted on 2014/01/04.
I. Your Agreement with Us
TLDR PERMITS ACCESS TO THE SITES SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS CAREFULLY. BY USING THE SITES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
This agreement is between you and FOSSA, Inc., a Delaware Limited Liability Company (“TLDR”). You do not need to take any action to accept these Terms, but you must accept the Terms if you wish to exercise the rights granted herein, and your access to or use of the Sites shall be deemed your assent to these Terms. If you do not agree with these Terms, then you are not entitled to use the Sites. If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access the Sites to these Terms and, in which case the terms “you” or “your” shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these Terms, you may not use the Sites. The Sites provided by TLDR, including but not limited to that located at https://tldrlegal.com/ collectively, together with all sub-domains thereof, and any Information, Content, and Services as defined herein (the “Site” or “Sites”) may include but is not limited to information created by TLDR, offered by TLDR, data collected from public sources, content from or contributed by third parties, you, or the users of the Sites. Unless otherwise agreed in writing with TLDR, your use of the Site will be subject to, at a minimum, the terms and conditions set forth herein. These are referred to as the “Master Terms.” In addition, your use of any Site or Content, Information or Service, as defined below, may also be subject to the terms of any legal notice applicable to same, in addition to the Master Terms. All such terms supplementing these Master Terms are referred to below as the “Additional Terms.” The Master Terms, together with any Additional Terms, form a binding legal agreement between you and TLDR. The Master Terms and such Additional Terms, as applicable, are hereinafter collectively referred to as the “Terms.”
TLDR reserves the right to change these Terms without notice. The most current version of the Terms can be reviewed by clicking on the link or links located on our Sites. Please check these Terms periodically to see whether they have changed. If you use the Sites after we post revised Terms, you accept such changes.
II. Accessing the Sites and Using the Content
A. Conditioned upon your compliance with the Terms, TLDR grants you a limited, personal, nontransferable, non-sublicensable, revocable license to: 1. Access and use the Site in the manner presented by TLDR and; 2. Access and use the TLDR computer and network services offered within the Site (the "TLDR Systems") only in the manner expressly permitted by TLDR. Except for this limited license, TLDR does not convey any interest in or to the TLDR Systems, information or data available via the TLDR Systems (the "Information"), Content, Services, Website or any other TLDR property by permitting you to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of TLDR. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by TLDR.
|B. Any and all intellectual property rights ("Intellectual Property") associated with the Sites and its contents (the "Content") are the sole property of TLDR, its affiliates or licensors. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and unless authorized may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are copyright protected, trademarks, service marks or trade dress ("Marks") of TLDR, its affiliates or other entities that have granted TLDR the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of TLDR. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without TLDR’s or the appropriate third party's prior written permission. Except as expressly provided herein, TLDR does not grant to you any express or implied rights to TLDR’s or any third party's Intellectual Property.|
C. You may use the Sites only for your personal use. If you are permitted to use Content you must include any copyright notice originally included with the Content in all copies, displays or representations of the Content in any form, media, or technology now known or later developed. If you represent a company, organization, or other legal entity, you may use the Sites only for internal business purposes. TLDR welcomes editorial use of the Sites and Content.
D. If you are a journalist (blogger, commentator, etc.) you may use the Content in the course of writing editorial material. If you create such editorial material using the Sites or Content, you must follow any applicable attribution requirements.
E. Other than as expressly set forth in these Terms, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works, distribute, perform, or display, any of the Content, or Sites in whole or in part without written permission from TLDR.
F. TLDR does not intend for the Sites to be used by anyone under the age of 13. You certify that you are the age of majority in your jurisdiction or are over 13 years old and using the Sites with the express consent of your parent or legal guardian. You agree not to post or contribute any personal information, such as name, address, telephone number, or email address of any person under the age of 13 to the Sites.
G. There may be times when the Sites are not available, and TLDR reserves the right to interrupt, discontinue, modify, limit, and/or suspend the Sites or the storage and availability of any Content for any or no reason, including material contributed by you. You agree that TLDR will not be liable to you for any such change to the Sites or Content.
H. You may not access the Sites through any automated mechanism, including but not limited to automated visits to the Sites, automated queries, automated edits or actions, or any other programmatic access. All Content offered by the Sites is the property of TLDR or third parties and is protected by copyright laws, including protection as a collective work or compilation under the copyright laws of the United States and other countries.
I. The trademarks FOSSA.™, TLDRLegal™, and the TLDR logos and other proprietary trademarks, service marks, and trade names of TLDR or its affiliates are the registered trademarks or trademarks of TLDR. All third party trademarks remain the property of their respective owners. All distinctive brand features of the Sites, including but not limited to domain names, design, organization, artwork, logos, images, and trade dress are the property of TLDR, and this Agreement does not give you any right to copy or use such features of the Sites.
J. If you download executable software from the Sites, the software and other materials accompanying the software (“Software”) is licensed to you by TLDR under the terms of any associated end user license agreement. TLDR does not transfer title to the Software to you. TLDR or third party licensors retain full and complete title to the Software, and all intellectual property rights embodied in it. You may not redistribute, sell, decompile, reverse engineer or disassemble the Software.
K. Content explicitly licensed to you by TLDR under the Creative Commons Attribution 3.0 license (“CC-BY”) shall be governed by that license unless otherwise marked. The text of the CC BY license is found at http://creativecommons.org/licenses/by/3.0/legalcode and is hereby incorporated into these Terms by reference, and you agree that you will follow the attribution requirements of the CC BY license where applicable. TLDR hereby designates TLDR as the sole Attribution Party under Section 4(b) of the CC BY license for such Content. You will ensure that any such use of Content includes a visual display or otherwise indicates the source of the Content as originating from the Site supplying the Content. This indication may be through an unobtrusive text string and/or use of a logo with the name of the Site or some other unobtrusive but clear visual indication. You will include near to or as a part of any such internet use of the Content, a hyperlink to the location within the Sites that presents the Content. Some Content may be offered by the Sites under the terms of a copyright license accompanying that Content. In such cases, you may use this Content under the terms of its license, and you are responsible for such use. You agree to abide by the license, obligations, and restrictions of any Content that you access through the Sites. In some cases, the Sites automatically collect data and other material from third party sites and services. TLDR may choose not to screen this collected data. You agree that you assume all risks of using such Content, including but not limited to risks arising from its source, ownership, accuracy, completeness, timeliness, suitability for intended purpose, or its reliability. You acknowledge that TLDR does not endorse any Content, nor does TLDR guarantee that any Content does not infringe the rights of any third party. Under no circumstances is TLDR liable for any Content, including but not limited to liabilities from infringement, errors and omissions, or for any loss or damage of any kind from the use of Content posted to, downloaded or linked from, accessed by or otherwise made available from the Sites.
L. The Sites may link to material hosted by third parties on independent sites and services on the internet. TLDR is not responsible or liable for such material, nor does TLDR endorse or sponsor it. TLDR has not reviewed the material on such third party sites, and makes no warranties or representations about the material, information, products, or services offered by third parties.
III. Prohibited Use
A. You agree not to use the Sites to: 1. Try to gain unauthorized access to any portion of the Sites, or any other systems or networks connected to it, or to any TLDR server, or to any of the Content offered on or through the Sites by circumventing the Site’s access control measures, either by hacking, password mining or any other means; 2. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or TLDR’s systems or networks, or any systems or networks connected to the Sites or to TLDR; 3. Post illegal material or use the Sites for illegal activity; 4. Post or use the Sites to distribute “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “phishing”, or other unsolicited advertising or promotion, or material without significant value to the community, designed to drive traffic, mask its source or deceive as to authorship, distribute viruses, Trojans, or other malware, or whose purpose is affiliate marketing; 5. Remove, circumvent, disable, damage, or otherwise interfere with features of the Sites that implement security or usage limitations, including those that are part of the Sites robots.txt, API limitations, or any other mechanisms; 6. Use any means to damage, deny the use of, or restrict others’ use of the Sites; 7. Post deceptive or inaccurate material intended to affect the Sites’ analyses and/or search algorithms, “game” reputation or scoring systems that are a part of the Sites, or engage in activity on other websites which are automatically accessed by the Sites as part of the Sites’ normal operation, intended solely to affect the Sites’ analyses; 8. Post libelous or defamatory material; Intimidate or harass others; 9. Engage in identity theft or infringe upon the privacy of others, including phishing, posting others’ personally identifying information in your possession, or attempting to use another user’s account; 10. Falsify your identity or misrepresent your affiliation with another person or entity; 11. Post or transmit any software exploits, computer viruses or trojans or software intended to interrupt, disrupt, damage, destroy, or limit the function or access to computer software, hardware, or telecommunications equipment or otherwise interfere with or disrupt other sites on the internet, or Post or transmit any material that is harmful, threatening, offensive, hateful, discriminatory, obscene, contrary to any applicable laws or regulations, or that incites an illegal act. Any of the above usage of the Sites or Content, any other violation of these Terms, or any other fraudulent or illegal activity may result in the immediate suspension or termination of your registered user account, and blocking of your access to the Sites without notice.
B. Without the express written consent from TLDR, you may not and may not authorize another to party to: 1. frame or utilize framing techniques to enclose any portion or aspect of the Sites, Content, or the Information; 2. scrape, or actively or dynamically use information or data from the Sites; 3. Co-brand with the Sites; 4. Link content or information from the Sites to another website; 5. Use content or information from the Sites in a manner that could cause the impression to a third party that TLDR has permitted such use; 6. Use Sites content or information or materials that may constitute or be confused as TLDR designs, design elements, user interfaces, or copyright protectable works or elements, or; 7. disguise the origin of information transmitted through the Sites.
IV. Registered Accounts
A. As a condition to using some features of the Sites, TLDR may require you to register for an account, create a user profile, and select a user name and password. You agree to provide TLDR with accurate and complete identity information including your email address, and agree to update your identity information promptly if it changes. You agree not to impersonate another person, falsify your identity, use another user’s account, or otherwise take action to gain access to Content to which you do not have the rights to access, or use the Sites in any way to which you do not have authorization.
B. You are solely responsible for all activity that takes place under the authorization of your account. You hereby release TLDR from any and all liabilities arising from such activity. You are responsible for maintaining the security of your password. You agree to promptly inform TLDR if you know or suspect that your account’s password or security has been breached.
C. TLDR expressly disclaims any and all liability arising from revocation, cancellation, or suspension of your account for any reason. Your account and registration will terminate immediately upon your breach of any of the Terms. You may terminate your account and participation as a registered user at any time, without notice.
V. Contributing Content
A. The Sites may offer you opportunities to contribute content (“Contribution(s)”). In order to make a Contribution to the Sites, you must have a registered account. The owner of any Contribution retains copyright rights to such Content. If you make a contribution you must have the right to contribute this Contribution under CC-BY, either through ownership of the copyright, because the Contribution is in the public domain, or through a license that grants you this right consistent with these Terms. If your Contribution is protected by copyright, then unless it is licensed under CC-BY or under a license which grants you the right to contribute it under CC-BY, you must not provide the Contribution to TLDR. You warrant, represent, and assert that you have the right to provide the Contribution, that no Contribution violates or infringes the rights of any third party, including copyright, trademark, privacy, publicity, or any other personal or proprietary rights, that the Contribution does not constitute confidential or trade secret information, and is not defamatory, libelous, or unlawful. You can otherwise license your own copyrighted Contribution any way you like, or not at all. But when you provide a Contribution to the Sites, you are explicitly granting TLDR a license under CC-BY without regard to any other licenses you apply to your Contribution.
B. You understand and agree that the Sites and Content are a collective work or compilation under the copyright laws of the United States and other countries, and that the Sites and Content do not constitute a joint work under copyright law. You will not assert, or attempt to assert, any rights over the Sites and Content as a whole, through your Contributions.
C. You hereby designate TLDR and its contributors as the sole “Attribution Party” under Section 4(b) of the CC-BY license to attribute your Contribution as part of the collective Content of the Sites. With this designation, you release TLDR from the obligation to specifically attribute your Contributions to you.
D. You understand that the CC-BY license under which you provide a Contribution allows TLDR and its licensors to use your Contribution for any purpose.
E. You agree that any source code Contribution to a project hosted on the Sites will be contributed under, and subject to the posted license of that project. You acknowledge that you are responsible for including all copyright notices and licenses for your Contributions. Should you fail to include these notices and licenses, you assume all risks of failing to do so, including the possible loss of your rights to your Contributions.
F. TLDR may, but is not obligated to, review your Contributions. TLDR may refuse to accept, or delete any Contribution that, in its sole discretion, TLDR determines to violate these Terms, be illegal or objectionable, violate the rights or threaten the safety of others, deems not to fulfill the purpose of the Sites, or for any other reason. TLDR may, in its sole discretion, terminate or suspend your registered account if your Contribution violates the Terms. Acceptance of a Contribution does not constitute an endorsement or sponsorship of the Contribution by TLDR.
G. You hereby grant TLDR a royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right and license under your intellectual property rights and under the terms of the CC-BY license, to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and use your Contributions in whole or part, and to incorporate them in other works in any form, media, or technology now known or later developed, for the purpose of providing the Sites, even in the event that you have subsequently deleted the Contribution. You agree that you alone are responsible for creating backup copies of your Contribution.
H. If you delete your Contribution, the CC-BY license under which you provided your Contribution will remain in full force. If you delete your Contributions, TLDR does not warrant that it will be able to or will take responsibility for removing deleted Contributions from websites, including but not limited to those outside of its reasonable control, including email archives, wikis, project web sites, community sites, or others’ computers, including those to whom you or others may have forwarded your Contribution.
VI. Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, TLDR OFFERS THE SITES, INFORMATION, CONTENT AND SERVICES “AS-IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITES, INFORMATION, CONTENT AND SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TLDR DOES NOT WARRANT THAT THE SITES, INFORMATION, CONTENT AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TLDR’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TLDR DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE SITES, INFORMATION, CONTENT AND SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
VII. LIMITATION OF LIABILITY.
A. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL TLDR, ITS EMPLOYEES, ATTORNEYS, MANAGERS, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“TLDR 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 OTHER DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITES, INFORMATION, CONTENT AND SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE TLDR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. THE TLDR PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY INFORMATION OR CONTENT ON THE SITES OR WITH THE SERVICES OR POSTED ON THE SITES (INCLUDING CLAIMS OF COPYRIGHT, PATENT, TRADEMARK, TRADESECRET INFRINGEMENT, OR THE INFRINGEMENT OF OTHER PROPERTY RIGHTS, RELATING TO CONTENT POSTED ON THE SITES OR PROVIDED WITH SERVICES, FOR YOUR USE OF THE SITES AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SITES, IN CONNECTION WITH THE SITES OR SERVICES OR OTHERWISE RELATING TO THE SITES OR SERVICES.
C. TLDR is not a law firm and does not provide legal advice. Using the Sites or Services, including sending us an email asking for legal services or otherwise, does not create an attorney-client relationship. In particular but without limitation, any use of any of TLDR’s Sites, Services, Content, Information, including without limitation, any tools, summaries, or licenses and/or using any licenses, attribution generator results, license comparisons, or any other information or materials, does not constitute legal advice nor does it create an attorney-client relationship. You are advised to consult with your own legal counsel before using any of the above.
D. You agree that TLDR will have absolutely no liability in connection with the Sites and Content including without limitation, any liability for damage to your computer hardware, data, information or business resulting from the Content available on the Sites. Without limiting the generality of the foregoing, TLDR will have no liability for: 1. Any loss or injury caused, in whole or in part, by its actions, omissions or negligence, including but not limited to procuring, compiling or delivering the Sites or Content; 2. Any errors, omissions or inaccuracies in the Content offered by the Sites regardless of how caused or delays or interruptions in delivery of such Content; or 3. Any decision made or action taken or not taken in reliance upon the Content or other information or materials offered by the Sites.
E. TLDR makes no warranty, representation or guarantee as to the sequence, accuracy, timeliness or completeness of the Content or that the Content may be relied upon for any reason. TLDR makes no warranty, representation or guarantee that the Content will be uninterrupted or error free or that any defects can be corrected.
F. TLDR reserves the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to the Sites, or any portion of the Sites, for any reason.
You agree to defend, indemnify and hold harmless the TLDR Parties from and against any and all liabilities including, but not limited to losses, expenses, damages, costs, and reasonable attorneys’ fees, resulting from, or in connection with, whether directly or indirectly, your use of the Sites, Services, Content, Information, or violation of these Terms. You also agree to defend, indemnify and hold harmless the TLDR Parties from and against any and all claims brought by third parties arising out of your use of any of the Sites and any Contribution you make available via any of the Sites by any means, including without limitation through a posting, a link, or otherwise. TLDR Parties may participate in the defense and settlement at its own expense with counsel of its own choosing. You shall not settle any claim or action without the TLDR Parties prior written consent.
IX. Copyright Claims
A. TLDR respects the intellectual property of others. Accordingly, TLDR abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement. As part of our response, we may remove or disable access to Content residing on the Sites, that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification.
B. The following notice requirements are intended to comply with TLDR’s rights and obligations under the DMCA and do not constitute legal advice. To file a notice of infringing material on the Sites, please provide a written notification containing the following details: 1. Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL); 2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material); 3. Your contact information so that we can contact you (for example, your address, telephone number, email address); 4. A statement that you have a good faith belief that the use of the material identified in 2. (above) is not authorized by the copyright owner, its agent, or the law; 5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed, and 6. Your physical or electronic signature.
Please send the above notice to TLDR by e-Mail To:Jim@tldrlegal.com
X. General Terms. These Terms are governed by and construed by the laws of the State of California, in the United States, exclusive of its choice of law rules. The parties agree that any disputes or proceedings between TLDR and you concerning these Terms, and/or any of the Sites or Services shall be brought in a federal or state court of competent jurisdiction sitting in the Northern District of California, and hereby consent to the personal jurisdiction and venue of such court. 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. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and TLDR as a result of these Terms or your use of any of the Sites or Services. These Terms constitute the entire agreement between you and TLDR relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by TLDR) between you and TLDR. A printed version of the Terms 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. This agreement is void where prohibited by law, and in such jurisdictions, TLDR revokes your right to access the Sites and/or Content. TLDR makes no claim that the Sites or Content are legal to access or use outside of the United States of America. You access the Sites and use the Content at your own risk, and you are responsible for complying with the laws of your jurisdiction.
Software made available from the Sites is subject to United States export controls. Software from the Sites may not be downloaded or otherwise exported or re-exported to certain countries. In particular, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By downloading and using software from the Sites, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
XI. Credit. These Terms are a derivative work of the Creative Commons Terms, originally at http://creativecommons.org/terms and licensed under the Creative Commons Attribution 3.0 license. This statement is intended to constitute the required attribution under this license.