Effective date: October 19th, 2018.
This document is publicly stored and versioned on GitHub at https://github.com/forward-motion/commentbox.io/blob/master/docs/TERMS.md.
This document contains portions of the Terms of Services found at https://github.com/Automattic/legalmattic.
CommentBox.io is a hosted commenting platform. Our platform is comprised of Services that include a website at https://commentbox.io ("The Website"), a dashboard application at https://dashboard.commentbox.io ("The Dashboard"), and an embedded commenting plugin at https://github.com/forward-motion/commentbox.io ("The Plugin").
Our philosophy is one of friendliness, transparency, and responsibility, and we have designed our Services around these ideals. We hope that you enjoy using our Services, and that in building a platform that respects users, our users will in turn reciprocate that respect towards our Services.
This is a binding contract ("Terms") between you and CommentBox.io, which is wholly owned and operated by the folks at Forward Motion Technologies, LLC. ("we," "us," "our," "Forward Motion", "CommentBox.io"). These Terms apply whenever you use any of the sites, apps, products, or services ("Services") we offer, in existence now to created in the future. Further, we may automatically upgrade our Services, and these Terms will apply to such upgrades. By accessing or using the Services, you agree to be bound by these Terms. If you use our services on behalf of an organization, you agree to these terms on behalf of that organization. If you do not agree to these Terms, you may not use the Services.
The Services are not intended for users who are under the age of 13. In order to create an account for the Services, you must be 13 years of age or older. By registering, you represent and warrant that you are 13 years of age or older. If children between the ages of 13 and 18 wish to use the Services, they must be registered by their parent or guardian.
Your Content and Permissions.
CommentBox.io allows you to post just about any type of textual comment. Your Content is yours. CommentBox.io does not claim any right, title, or interest in Your Content.
You grant us a non-exclusive, worldwide, royalty free license to do the things we need to do to provide the Services, including but not limited to storing, displaying, reproducing, and distributing Your Content. This license extends to trusted third parties we work with.
You are fully responsible for Your Content. You may not copy, upload, download, or share Your Content unless you have the appropriate rights to do so. It is your responsibility to ensure that Your Content abides by applicable laws and these Terms. We don't actively review Your Content.
You may NOT use our Services for any of the following purposes or activities:
The creation, transmission of or posting of any message, data, information, text, software, graphics, files, materials or other Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, harassing, threatening harmful, invasive of privacy or publicity rights;
Interference with or disruption to the software's services or network, including, but not limited to, attempting to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
To transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful, destructive or deleterious programs;
In connection with any pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages;
To impersonate another or create a false identity or otherwise misrepresent an affiliation with a person or entity;
To cause harm to minors;
To infringe another's patent, trademark, copyright, trade secret, or other intellectual property;
To violate another's privacy;
To violate any applicable laws, statutes or regulations;
To violate any regulations of the U.S. Securities and Exchange Commission or any securities exchange including the New York Stock Exchange, American Stocking Exchange, or the NASDAQ;
To use any robot, spider, or other automatic device, or manual process to monitor or copy CommentBox.io content without CommentBox.io's prior express written permission;
To post a link, address or other contact to any site which is for any of the above purposes;
To defame another individual or entity; or
To create, duplicate or transmit any pornography.
No Duty to Monitor.
We do not pre-screen Your Content or sites that embed The Plugin, but we have the right (but no obligation) to monitor content and conduct on sites embedding The Plugin.
You are responsible for safeguarding your password to the Services, making sure that others don't have access to it, and keeping your account information current. You must immediately notify CommentBox.io of any unauthorized uses of your account or any other breaches of security. CommentBox.io will not be liable for your acts or omissions, including any damages of any kind incurred as a result of your acts or omissions.
Changes to these Terms.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know, for example by posting on one of our blogs, or by sending an in-Service message. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using CommentBox.io within the designated notice period. Your continued use of CommentBox.io will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that the content of a CommentBox.io account infringes your copyrights, you can notify us at firstname.lastname@example.org. We have a policy of terminating the accounts of users deemed to be repeat infringers, in accordance with our policies. We encourage users to file a counter-notification in cases where the claim of infringement is fraudulent or invalid.
Our Intellectual Property.
The Services and all materials contained therein, including, without limitation, CommentBox.io logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "CommentBox.io Materials") are the property of CommentBox.io or its licensors or users and are protected by U.S. and international intellectual property laws. You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use CommentBox.io Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Services.
Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any CommentBox.io, Forward Motion, or third-party trademarks.
You are free to stop using the Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you fail to comply with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services, or disrupt others' use of the Services.
Disclaimer of Warranties.
Forward Motion makes no warranties of any kind with respect to CommentBox.io or your use of the Services.
Limitation of Liability.
Forward Motion shall not have any liability for any indirect, incidental, consequential, special, exemplary, or damages under any theory of liability arising out of, or relating to, these Terms or your use of CommentBox.io. As a condition of access to CommentBox.io, you understand and agree that Forward Motion's liability shall not exceed $5.00.
You will indemnify, defend, and hold Forward Motion, its subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys' fees) brought by a third party arising out of or in connection with: (i) any act or omission by you, in connection with your use of CommentBox.io or (ii) your breach or alleged breach of any of these Terms. Forward Motion may, at its option, elect to take over control of the defense and settlement of a claim subject to indemnification. You agree not to settle any such claim without the prior written consent of Forward Motion.
We both agree to resolve any disputes arising out of these Terms or your use of CommentBox.io through final and binding arbitration. Arbitration is a less formal procedure than a lawsuit in court, with the goal of resolving disputes more quickly. We both agree to waive our rights to have our claims decided by a judge or jury. Instead, the arbitration shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with the Rules. The arbitration will be held in the United States county where you live or work, New York (NY), or any other location we agree to, and shall be conducted in the English language. The arbitrators' decision may be enforced in any court of competent jurisdiction. Forward Motion will pay all arbitration fees. The prevailing party shall be entitled to costs and attorneys' fees, but Forward Motion will not seek its attorneys' fees and costs in arbitration unless the arbitrators determine that your claim is frivolous.
Exceptions to Agreement to Arbitrate.
Claims for injunctive or equitable relief or claims regarding intellectual property rights may be brought in any competent court without the posting of a bond.
No Class Actions.
You may resolve disputes with us only on an individual basis; you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.
You agree that these Terms, and your use of CommentBox.io, are governed by New York law, in the United States of America, without regard to its principles of conflicts of law.