Terms of Service Pub

By using this site/service, you agree to all the terms below. See also the Privacy Policy, which is included in this agreement. This is an agreement between you and us, the host.

These Terms of Service ("Terms") govern your access to and use of the services, including our various websites, APIs, email notifications, applications, buttons, and widgets, (the "Services"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

You

You are the:

  • visitor, if you are just visiting this website
  • member, if you have an account on this website
  • hosted organization, if you host your content and/or website on this platform

Common sense applies to the content you upload/modify and your activity on this website. If you don't have a firm grasp on what common sense about "public internet content" means, read on for clarification.

You shall not use abusive or foul language, obscenities, profanities etc. Adult language and content is strictly prohibited.

You shall not publish copyrighted content except with the permission of the copyright holders.

You agree at all times to indemnify and hold harmless us, the host, our officers, directors, agents, employees, servants and representatives of and from any and all actions, causes of action, liabilities, claims, demands, suits, debts, dues, damages, losses, injuries, expenses or otherwise which may be brought for personal injury, death, property damage or other damage suffered by any person, firm or corporation arising from or in any way connected to using this website, its content or connected with the provision of any the services we may provide, or those for whom you are in law responsible.

Us

We, as the host, monitor and actively moderate the content on this site. We* will change and moderate the content you created, if we deem this necessary, at our discretion.

We will warn you, suspend and/or possibly terminate your account at our discretion and remove your content, if you fail to obey by these rules, especially if you do so repeatedly.

We reserve the right to suspend and/or terminate your account and to possibly remove all or some of your content, with or without cause.

The host is currently incorporated in Ontario, Canada, as DieselApps, Inc and this agreement is governed by the laws of the Province of Ontario, Canada.

Copyright and license*

All content marked "public" on this site is copyrighted under the Creative Commons Attribution/Share-Alike License and you release all published content under this license.

All content accessible only as a member on this site (i.e. not marked "public") is copyrighted by the authors, with all rights reserved. You cannot download, make copies or otherwise distribute this content in any way, without our express written consent.

About any comments or content that you create: you give us an implicit right to use it, with the same visibility and access as our own:

  • public content is visible to anyone
  • member-only content is visible only to members with an account
  • moderator-only is content visible only to the administrators and moderators of a website
  • private content is only visible to the person having created it (or current owner, if the ownership changes)

We take care to ensure the content (including our private content) will only be accessible as designated (public/member/private etc) but this is not a guarantee that it will always be so.

More terms

This website/service is not a critical service and is provided as is! No warranties expressed or implied. Likewise, we assume no liability for any damage or issues arising from the use of this website/service/platform.

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, R&D DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

R&D makes no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from R&D or through the Services, will create any warranty not expressly made herein.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, we SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF R&D EXCEED THE GREATER OF ONE HUNDRED CANADIAN DOLLARS (CAD $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Hosted organizations

This platform has the ability to host content, websites and services provided by or on behalf of 3rd parties that we refer to as hosted organizations.

As a hosted organization, you agree to the terms below as well as those above.

You should materially include our Privacy policy and this Terms of service in your own privacy policy and terms of service that you present your members.

You should not rely on this website to provide any critical services - the function, presence and operation of this platform/website is not guaranteed in any way.

You agree at all times to indemnify and hold harmless us, the host, our officers, directors, agents, employees, servants and representatives of and from any and all actions, causes of action, liabilities, claims, demands, suits, debts, dues, damages, losses, injuries, expenses or otherwise which may be brought for personal injury, death, property damage or other damage suffered by any person, firm or corporation arising from or in any way connected with the provision of the services you may provide using our platform, or those for whom you is in law responsible.

You acknowledge that we may terminate this agreement, suspend and/or delete your account and/or all or some of the content and services you provide here, at our sole discretion, with or without cause.

You acknowledge that we may these terms of service and privacy policy may change from time to time, with or without notifying you and, to continuing to use this service, you will review these terms of service periodically.

Emails and communications and cookies

You should use our consent, our terms of service and privacy policy. If you decide to provide your own consent and terms of service and privacy policy, you need to link to our consent, terms of service and privacy policy accordingly.

There are legal obligations in various regions and countries about emailing, cookies, collecting information etc. Whether you decide to include or not our consent forms and terms of service and privacy policy you agree all times to indemnify and hold harmless us, the host, our officers, directors, agents, employees, servants and representatives of and from any and all actions, causes of action, liabilities, claims, demands, suits, debts, dues, damages, losses, injuries, expenses or otherwise which may be brought for breaking any such laws or regulations, arising from or in any way connected with the provision of the services you may provide using our platform, or those for whom you is in law responsible.

You should use your own email address and server for sending any administrative emails from your websites that use our platform. Likewise, you should use your own DNS names for these websites and the cookies that our platform uses.

Consenting and accepting

The regular login/registration flows will make the new users check boxes for consenting to the terms of service. Also, at first login, the Consent needs to be accepted (not forced).

Your custom login flows may skip these acceptance steps, in which case you need to make sure by any other means, that your users have accepted and consented to the Terms of Service, Privacy Policy and Consent to receiving emails and cookie policies.

Your failure to do so may result in your process not obeying local laws and regulations and may open you to liability, from both users and government bodies.

We are not responsible for determining any legal standards around the acceptance and consenting processes for either your version or the basic platform.


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By: Razie | 2012-09-04 .. 2019-07-02


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