Terms of Service

A new draft of the Privacy Policy, License, and Terms will be adopted by the Privly Foundation board. Until the draft legal documents are adopted and published here, these policies are in effect. We will discuss the draft documents on the development mailing list.

The following terms and conditions govern all use of the Priv.ly website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Privly. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the privacy policy and procedures that may be published from time to time on this Site by Privly (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Privly, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Privly Incorporation Status and Donations Priv.ly is an unincorporated group without any corporate structure. Until Privly is incorporated as a non-profit organization as recognized by IRC 501(C)(3), and changes these terms, the following terms shall take precedence above all other:
   • The website is offered “as is,” without rights to continuity of service, guaranteed uptime, or technical support. By using the website you are agreeing to use the website at your own risk, without liability to Privly, or liability to any individuals involved with Privly in an official capacity.
   • No group or individual is empowered to make exceptions to the Terms of Service. The terms are ammended by publishing a new version of the terms to the website
   • All donations are taxable.
2. Your Priv.ly Account and Site If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not post content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. You must immediately notify Privly of any unauthorized uses of your account or any other breaches of security. Privly will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
3. Responsibility of Contributors. If you post material to the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
   • your login is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your login name is not the name of a person other than yourself or company other than your own;
   • your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, journals and web sites, and similar unsolicited promotional methods;
4. By submitting Content to Privly, you grant Privly a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying your content to authorized individuals. If you delete Content, Privly will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Privly has the right (though not the obligation) to, in Privly’s sole discretion terminate or deny access to and use of the Website to any individual or entity for any reason, in Privly’s sole discretion. Privly will have no obligation to provide a refund of any amounts previously paid.
5. Responsibility of Website Visitors. Privly has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Privly does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Privly disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Priv.ly links, and that link to Priv.ly. Privly does not have any control over those non-Privly websites and webpages, and is not responsible for their contents or their use. By linking to a non-Privly website or webpage, Privly does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Privly disclaims any responsibility for any harm resulting from your use of non-Privly websites and webpages.
7. Copyright Infringement and DMCA Policy. Privly has a separate “DMCA policy”
8. Intellectual Property. This Agreement does not transfer from Privly to you any Privly or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Privly. All trademarks, service marks, graphics and logos used in connection with Priv.ly, or the Website are trademarks or registered trademarks of Privly or Privly’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Privly or third-party trademarks.
9. Changes Privly reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Privly may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10. Termination. Privly may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Priv.ly account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties. The Website is provided “as is”. Privly and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Privly nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12. Limitation of Liability. In no event will Privly, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Privly under this agreement during the twelve (12) month period prior to the cause of action. Privly shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Privly Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
14. Indemnification. You agree to indemnify and hold harmless Privly, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
15. Open Source. You agree to indemnify and hold harmless Privly, its code contributers, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of the publishing of Privly’s source code or the acceptance of code contributions from outside parties.
16. Miscellaneous. This Agreement constitutes the entire agreement between Privly and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Privly, or by the posting by Privly of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located within 90 miles of Corvallis, Oregon. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Privly may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.