Terms of Service; Didn't Read

--- status: - pending - approved updated_at: - 2018-08-20 10:39:11.978608000 Z - 2018-08-20 10:39:33.915395039 Z

--- document_id: - - 71 quoteText: - - |2- It also enables us to serve you advertising and other relevant content on and off of the Academia.edu Services. quoteStart: - - 2775 quoteEnd: - - 2887 updated_at: - 2018-05-30 09:48:20.044779000 Z - 2018-08-20 10:39:11.978608270 Z

--- status: - pending - approved updated_at: - 2018-08-20 10:37:58.829800000 Z - 2018-08-20 10:38:19.665831299 Z

--- document_id: - - 87 quoteText: - - |- <li>offer you targeted advertising in order to personalize your experience by showing you advertisements that are more relevant to you. and/or</li> source: - https://www.researchgate.net/privacy-policy#informationUse - https://www.researchgate.net/privacy-policy quoteStart: - - 12378 quoteEnd: - - 12525 updated_at: - 2018-05-30 09:36:29.876647000 Z - 2018-08-20 10:37:58.829800358 Z

--- id: - - 319 name: - - Privacy Policy url: - - https://www.atlassian.com/legal/privacy-policy xpath: - - '' created_at: - - &1 2018-08-20 10:28:42.906906013 Z updated_at: - - *1 service_id: - - 293

--- id: - - 318 name: - - Atlassian Customer Agreement url: - - https://www.atlassian.com/legal/customer-agreement xpath: - - '' created_at: - - &1 2018-08-20 10:28:09.787140552 Z updated_at: - - *1 service_id: - - 293

--- status: - pending - declined updated_at: - 2018-05-18 21:57:23.185317000 Z - 2018-08-20 10:26:13.408425612 Z

--- quoteText: - |- If you don’t want to be bound by the arbitration and class-action waiver provisions in this section, you must notify us in writing within thirty (30) days of the date that you first accept these Public Network Terms (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the "Assignment and Jurisdiction" section below. Your written notification must be mailed to us at Stack Overflow, Attn: Legal Department, 110 William Street, Floor 28, New York, NY 10038 or by email notification at team (at) stackoverflow.com. - |- Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. quoteStart: - 24069 - 22282 quoteEnd: - 24655 - 22635 updated_at: - 2018-08-20 10:13:20.844310000 Z - 2018-08-20 10:21:48.092326374 Z

--- quoteText: - YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. - |- If you don’t want to be bound by the arbitration and class-action waiver provisions in this section, you must notify us in writing within thirty (30) days of the date that you first accept these Public Network Terms (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the "Assignment and Jurisdiction" section below. Your written notification must be mailed to us at Stack Overflow, Attn: Legal Department, 110 William Street, Floor 28, New York, NY 10038 or by email notification at team (at) stackoverflow.com. quoteStart: - 22417 - 24069 quoteEnd: - 22635 - 24655 updated_at: - 2018-08-20 10:11:33.983627000 Z - 2018-08-20 10:13:20.844310732 Z

--- document_id: - - 95 quoteText: - - YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. source: - https://meta.stackexchange.com/questions/309746/a-new-2018-update-to-our-terms-of-service-is-here - https://stackoverflow.com/legal/terms-of-service/public quoteStart: - - 22417 quoteEnd: - - 22635 updated_at: - 2018-05-14 09:44:23.829906000 Z - 2018-08-20 10:11:33.983627520 Z

--- text: - - |2 Stack Overflow <ol> <li> <li> </li> <li> </li> <li> </li> <li> </li> <li> Log In Sign Up </li> <li> current community <ul> <li> Stack Overflow help chat </li> <li> Meta Stack Overflow </li> </ul> your communities Sign up or log in to customize your list. more stack exchange communities company blog <ul> <li> Tour Start here for a quick overview of the site </li> <li> Help Center Detailed answers to any questions you might have </li> <li> Meta Discuss the workings and policies of this site </li> <li> About Us Learn more about Stack Overflow the company </li> <li> Business Learn more about hiring developers or posting ads with us </li> </ul> </li> </ol> <p> This site uses cookies to deliver our services and to show you relevant ads and job listings. By using our site, you acknowledge that you have read and understand our Cookie Policy, Privacy Policy, and our Terms of Service. Your use of Stack Overflow’s Products and Services, including the Stack Overflow Network, is subject to these policies and terms. </p> Join us in building a kind, collaborative learning community via our updated Code of Conduct. <ol> <li> </li> <li> Home </li> <li> <ol> <li>Public</li> <li> Stack Overflow </li> <li> Tags </li> <li> Users </li> <li> Jobs </li> </ol> </li> <li> <ol> <li> <strong>Teams</strong> Q&amp;A for work Learn More </li> </ol> </li> </ol> <ul> <li> Public Network Terms of Service </li> <li> Private Network Terms of Service </li> <li> API Terms of Use </li> <li> Privacy Policy </li> <li> Data Security and Due Process <ul> <li> Data Security Overview </li> <li> Data Subjects (You) </li> <li> Data Controllers (Customers) </li> <li> Data Processors (Vendors) </li> </ul> </li> <li> Cookie Policy </li> <li> Acceptable Use Policy </li> <li> Trademark Guidance </li> <li> Contact </li> </ul> Public Network Terms of Service <ol> <li>Public Network Terms</li> <li>Contracts are Binding and Legally Enforcable – Please Read!</li> <li>Age Eligibility</li> <li>Access to the Public Network</li> <li>User Obligations</li> <li>Content Permissions, Restrictions, and Creative Commons Licensing</li> <li>Disclaimer of Warranties</li> <li>Indemnification</li> <li>Limitation of Liability</li> <li>General Provisions</li> </ol> <p>The Stack Overflow Network (also referred to herein as "Stack Overflow" or "Network") is a set of related Internet sites and other applications for questions and answers, owned and operated by Stack Exchange, Inc. ("Stack Overflow", "we" or "us"), a Delaware corporation. Stack Overflow welcomes you to the Network, the largest community of developers in the world, and invites you to participate in the community by sharing knowledge with your peers and colleagues. Like all communities, we ask that you participate in a manner that respects your fellow community members. To that end, we provide you with these terms of service to advise you of the legal obligations you assume when you engage with the Stack Overflow community or otherwise access or use the public Network or any services provided on the public Network (collectively, "Services"). These terms govern the use of the public Network (the "Public Network Terms").</p> <p>To the extent you are accessing or using the private Network on behalf of a Company or Team, including without limitation by registering for an account on behalf of a Company or Team, your use of the private Network is governed by the Private Network Terms.</p> 1. Public Network Terms <p>Please read these Public Network Terms carefully before accessing or using the public Network. These Public Network Terms constitute an agreement between Stack Overflow and you and governs your permitted use of the public Network ONLY, including any Services or Products that are part of the public Network (e.g., the private Network). By accessing or using the Services or the public Network in any manner, including without limitation by visiting or browsing the public Network or registering for an account on the Network, you affirm that you have read, understand, and agree to be bound by these Public Network Terms, as well as the Acceptable Use Policy and Privacy Policy. Stack Overflow reserves the right, at its discretion, to modify these Public Network Terms at any time by posting revised Public Network Terms on the public Network and by providing notice via e-mail, where possible, or on the public Network. You shall be responsible for reviewing and becoming familiar with any such modifications. Your access to or use of the Services or public Network following such modification constitutes your acceptance of the terms and conditions of these Public Network Terms as modified. To reiterate, and for clarity, these Public Network Terms apply to all who access or use the Services or public Network, including without limitation users who contribute content, information, and other materials or services, registered or otherwise.</p> <p>PLEASE BE AWARE THAT BY USING THE PUBLIC NETWORK, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE SECTION TITLED "MANDATORY ARBITRATION" BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.</p> 2. Contracts are Binding and Legally Enforceable -- Please Read! <p>As stated above, these Public Network Terms constitute an agreement between Stack Overflow and you and governs your use of the public Network. These Public Network Terms do NOT govern the use of our Talent, Enterprise and other Stack Overflow products and services that are not part of the public Network. In the event of any conflict between the terms and conditions of these Public Network Terms and any such service or licensing agreements, the terms and conditions of the Public Network Terms shall prevail.</p> 3. Age Eligibility <p>You must be at least 13 years old to access or use the Network or Services, including without limitation to complete a Stack Overflow account registration. By accessing or using the Services or the Network in any manner, you represent and warrant that you are at least 13 years of age. If you are under 13 years old, you may not, under any circumstances or for any reason, access or use the Services or Network in any manner, and may not provide any personal information to or on the Services or Network (including, for example, a name, address, telephone number or email address).</p> <p>If you are located within the European Union, you must be at least 16 years old to access or use the Network or Services, including without limitation to complete a Stack Overflow Account Registration. By accessing or using the Services or the Network in any manner, you represent and warrant that you are at least 16 years of age. If you are under 16 years old, you may not, under any circumstances or for any reason, access or use the Services or Network in any manner, and may not provide any personal information to or on the Services or Network (including, for example, a name, address, telephone number or email address).</p> 4. Access to the Public Network <p>Any user of the public Network is welcome to participate in community discussions, to answer questions, and to share their hard earned knowledge with public Network community participants, provided that they comply with the obligations set forth in these Public Network Terms, and to the extent that use of the public Network does not conflict with the applicable laws, rules and regulations of the user’s jurisdiction. Stack Overflow reserves the right to refuse, suspend or terminate your access to the public Network if it determines, in its sole discretion, that you have in any way violated these Public Network Terms or are otherwise ineligible to access or use the Network or Services. If your actions are determined by us to violate these Public Network Terms, Stack Overflow may, in its sole discretion, try to remediate that violation by working with you individually, but is under no obligation to do so, and if any such remediation efforts are unsuccessful (in Stack Overflow’s sole discretion), then Stack Overflow may revoke your rights to the Network. You are solely responsible for ensuring that these Public Network Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access the Network or any Services is revoked where these Public Network Terms or use of the Network or any Services is prohibited or conflicts with any applicable law, rule or regulation.</p> <p>Stack Overflow will use reasonable efforts to make the public Network available 24/7/365, but from time-to-time we will have scheduled outages for maintenance purposes and other upkeep. Where feasible, we may, in our sole discretion, make efforts to inform you about any outages and report on the nature and reason for any outages that may occur in an open and transparent manner, though we are under no obligation to do so, and in any case will not be liable for any downtime.</p> 5. User Obligations <ul> <li>To access some of the public Network features you will need to register for an account as an individual and consent to these Public Network Terms. If you do not consent to these Public Network Terms, Stack Overflow reserves the right to refuse, suspend or terminate your access to the public Network.</li> <li>You are solely responsible for ensuring that your account registration is complete and remains up to date. You have the right to discontinue use of, or terminate, your account whenever you like, and subject to our Privacy Policy, control the use and sharing of your account information. Please note that any content or information you share publicly is governed by the terms described below in the section titled "Public Content Permissions, Restrictions, and Creative Commons Licensing," and you should be aware that once you place content in the public sphere, you willingly give up some rights and control over such content.</li> <li>Stack Overflow strongly encourages you to review our Privacy Policy, which explains how we will handle, process, and use your personal data, and with whom, and how we will share this data.</li> <li>Stack Overflow is a community and we expect you to treat each member of the Stack Overflow community with respect. Whether a community member is asking their first question, or is a reputation superstar, we respect you and welcome you, but we also require you to be kind to one another. To prevent bad actors from creating a negative community experience, we have outlined what we believe to be common sense rules for community participation and reserve the right to pause or terminate your account if you engage in disruptive, abusive, or nefarious behavior outside of Stack Overflow’s Acceptable Use Policy, which is hereby incorporated into these Public Network Terms.</li> <li>You are solely responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Network or otherwise use the Services, including without limitation modems, hardware, software, and long distance or local telephone service. You are solely responsible for ensuring that such equipment or ancillary services are compatible with the Services and Network.</li> <li>Some premium or additional features of Stack Overflow (including without limitation Stack Overflow for Teams) may require a payment obligation for access and use. You are solely responsible for ensuring that your payment obligations, if any, remain current and not in arrears. In the event Stack Overflow charges for features you will be clearly notified of the terms of any payment obligations and provided the opportunity to refuse such obligations before you incur any charges. Please note, however, that your refusal to accept payment obligations may result in your inability to access or use certain premium or additional features of Stack Overflow.</li> </ul> 6. Content Permissions, Restrictions, and Creative Commons Licensing Stack Overflow Content <p>All materials displayed or performed on the public Network, including but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively "Network Content") (other than Network Content posted by individual "Subscriber Content") are the property of Stack Overflow and/or third parties and are protected by United States and international copyright laws ("Stack Overflow Content").</p> <p>The Stack Overflow API shall be used solely pursuant to the terms of the API Terms of Use.</p> <p>All trademarks, service marks, and trade names are proprietary to Stack Overflow and/or third parties and use of the Network means you agree to abide by all copyright notices, information, and restrictions contained in any Network Content accessed through the Services.</p> <p>The Network is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international covenants, and other copyright laws. Other than as expressly set forth in these Public Network Terms, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit any of the Network Content, software, materials, or Services in whole or in part. You may download or copy the public Network Content, and other items displayed on the public Network for download or personal use provided that you maintain all copyright and other notices contained in such Public Content.</p> <p>From time to time, Stack Overflow may make available compilations of all the Subscriber Content on the public Network (the "Creative Commons Data Dump"). The Creative Commons Data Dump is licensed under the Creative Commons CC-BY-SA license. By downloading the Creative Commons Data Dump, you agree to be bound by the terms of that license.</p> <p>Any other downloading, copying, or storing of any public Network Content (other than Subscriber Content or content made available via the Stack Overflow API) for other than personal, noncommercial use is expressly prohibited without prior written permission from Stack Overflow or from the copyright holder identified in the copyright notice per the Creative Commons License. In the event you download software from the public Network (other than Subscriber Content or content made available by the Stack Overflow API) the software including any files, images incorporated in or generated by the software, the data accompanying the software (collectively, the "Software") is licensed to you by Stack Overflow or third party licensors for your personal, noncommercial use, and no title to the Software shall transfer to you. Stack Overflow or third party licensors retain full and complete title to the Software and all intellectual property rights therein.</p> Subscriber Content <p>You agree that any and all content, including without limitation any and all text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations, and product feedback (collectively, "Content") that you provide to the public Network (collectively, "Subscriber Content"), is perpetually and irrevocably licensed to Stack Overflow on a worldwide, royalty-free, non-exclusive basis pursuant to Creative Commons licensing terms (CC-BY-SA), and you grant Stack Overflow the perpetual and irrevocable right and license to access, use, process, copy, distribute, export, display and to commercially exploit such Subscriber Content, even if such Subscriber Content has been contributed and subsequently removed by you as reasonably necessary to, for example (without limitation):</p> <ul> <li>Provide, maintain, and update the public Network</li> <li>Process lawful requests from law enforcement agencies and government agencies</li> <li>Prevent and address security incidents and data security features, support features, and to provide technical assistance as it may be required</li> <li>Aggregate data to provide product optimization</li> </ul> <p>This means that you cannot revoke permission for Stack Overflow to publish, distribute, store and use such content and to allow others to have derivative rights to publish, distribute, store and use such content. The CC-BY-SA Creative Commons license terms are explained in further detail by Creative Commons, but you should be aware that all Public Content you contribute is available for public copy and redistribution, and all such Public Content must have appropriate attribution.</p> <p>As stated above, by agreeing to these Public Network Terms you also agree to be bound by the terms and conditions of the Acceptable Use Policy incorporated herein, and hereby acknowledge and agree that any and all Public Content you provide to the public Network is governed by the Acceptable Use Policy.</p> 7. Disclaimer of Warranties <p>TO THE MAXIMUM EXTENT ALLOWED BY LAW, STACK OVERFLOW DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY. STACK EXCHANGE PROVIDES NO GUARANTEES THAT THE SERVICES OR NETWORK WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES THE NETWORK, SERVICES, AND ANY RELATED CONTENT OR PRODUCTS SUBJECT TO THESE PUBLIC NETWORK TERMS ON AN "AS IS" BASIS.</p> 8. Indemnification <p>You will indemnify and hold Stack Overflow, its directors, officers, employees, agents, consultant, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the public Network, use of Stack Overflow products or services made available on the public Network, your violation of this Agreement, or your infringement or any third party using your account, of any intellectual property right.</p> 9. Limitation of Liability <p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, STACK OVERFLOW AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE NETWORK OR SERVICES (I) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE, EVEN IF STACK OVERFLOW OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL PREVENT STACK OVERFLOW’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. NOTWITHSTANDING SUCH RIGHT OF EQUITABLE RELIEF, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY, SUCH LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.</p> 10. General Provisions a. Assignment and Jurisdiction <p>Stack Overflow reserves the right to assign our rights and obligations under these Public Network Terms (in whole or in part) without your consent to a corporate affiliate, or in connection with a merger, acquisition, corporate restructure or reorganization, or due to the sale of all or substantially all of our assets.</p> <p>These Public Network Terms will be governed by and construed in accordance with the applicable laws of the State of New York, without giving effect to the principles of that State regarding conflicts of laws. Both you and Stack Overflow hereby irrevocably agree to the sole and exclusive personal jurisdiction of the Courts of the State of New York with respect to any action, suit, or proceeding brought by it or against it by the other party in connection with the Network or Services. Notwithstanding the foregoing, these Public Network Terms shall not prevent either party from seeking injunctive relief with respect to a violation of the confidentiality provisions and indemnification provisions contained in these Public Network Terms. The Uniform Commercial Code shall not apply to the provisions of these Public Network Terms to the fullest extent permitted by law. No shrinkwrap or click-wrap terms contained in any purchase order or any Company or Team form shall apply to or supersede these Public Network Terms. In the event of any conflict between the terms and conditions of these Public Network Terms and any such shrinkwrap or click-wrap terms, the terms and conditions of the former shall prevail.</p> b. Mandatory Arbitration <p>YOU AGREE THAT WITH RESPECT TO ALL DISPUTES BETWEEN YOU AND STACK OVERFLOW OR ITS AFFILIATES OR ITS OFFICERS, DIRECTORS, OR EMPLOYEES (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THESE PUBLIC NETWORK TERMS, YOUR USE OF THE NETWORK OR SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, YOU AND STACK OVERFLOW SHALL FIRST CONSULT WITH EACH OTHER TO ATTEMPT TO RESOLVE SUCH DISPUTE IN A MANNER SATISFACTORY TO BOTH PARTIES, AND THAT IF A RESOLUTION IS NOT REACHED WITHIN NINETY (90) DAYS, THEN THE DISPUTE SHALL BE REFERRED TO AND RESOLVED BY BINDING ARBITRATION UNDER JAMS, INC.'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS, INC. is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Public Network Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the public Network or these Public Network Terms must be filed within one (1) year after such claim of action arose or be forever banned.</p> <p>You agree that, notwithstanding anything in the foregoing, any arbitration proceeding between you and us will be conducted in New York, NY, USA, that the language of the arbitration shall be in English, and that all arbitration proceedings shall be considered confidential in nature.</p> <p>If you don’t want to be bound by the arbitration and class-action waiver provisions in this section, you must notify us in writing within thirty (30) days of the date that you first accept these Public Network Terms (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the "Assignment and Jurisdiction" section below. Your written notification must be mailed to us at Stack Overflow, Attn: Legal Department, 110 William Street, Floor 28, New York, NY 10038 or by email notification at team (at) stackoverflow.com. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this section, including, without limitation, the arbitration and class-action waiver provisions, and also including such provisions in any modifications we make to these Public Network Terms after the date of your first acceptance. Such notification must include: (i) your name. (ii) your email address and mailing address. and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this section (other than a change to the address at which we will receive notices or rejections of future changes to this section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out in the "Notices" section. It is not necessary to send us a rejection of a future change to this section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this section, as modified by any changes you did not reject. A notification sent pursuant to this paragraph solely affects these Public Network Terms. if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this section shall not affect the other arbitration agreements between you and us.</p> c. Survival <p>The sections entitled "Public Network Terms", "Contracts are Binding and Legally Enforceable – Please Read!", "User Obligations", "Content Permissions, Restrictions, and Creative Commons Licensing", "Disclaimer of Warranties", "Indemnification", "Limitation of Liability", Assignment and Jurisdiction, "Mandatory Arbitration", "Survival", "Merger and Severability", "Notices", "No Waiver", and "Headings" shall survive any termination or expiration of these Public Network Terms.</p> d. Modifications <p>Stack Overflow reserves the right, in its sole discretion, to modify or replace these Public Network Terms, as our business evolves over time and to better provide Services and Products to the Stack Overflow community, or to change, suspend, or discontinue the public Network and/or any Services or Products at any time by posting a notice on the public Network or by sending you notice via e-mail or by another appropriate means of electronic communication.</p> e. Merger and Severability <p>The parties to these Public Network Terms are independent contractors and these Public Network Terms shall not be construed to constitute any agency, partnership, joint venture, or employment relationship between you and Stack Overflow. These Public Network Terms represent the entire agreement between you and Stack Overflow and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the public Network or Services or Products contemplated hereunder. If any provision of these Public Network Terms is held to be invalid, void, unenforceable, or contrary to public policy, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Public Network Terms shall remain and continue in full force and effect.</p> f. Notices <p>Unless otherwise specified in these Public Network Terms, all notices under these Public Network Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested. when receipt is electronically confirmed, if transmitted by facsimile or e-mail. or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to legal (at) stackoverflow.com.</p> g. No Waiver <p>Our failure to enforce any part of these Public Network Terms shall not constitute a waiver of our right to later enforce that or any other part of these Public Network Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Public Network Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.</p> h. Headings <p>The section and paragraph headings in these Public Network Terms are for convenience only and shall not affect their interpretation.</p> Last update: May 21, 2018 Stack Overflow <ul> <li>Questions</li> <li>Jobs</li> <li>Developer Jobs Directory</li> <li>Salary Calculator</li> <li>Help</li> <li>Mobile</li> <li>Disable Responsiveness</li> </ul> Products <ul> <li>Teams</li> <li>Talent</li> <li>Engagement</li> <li>Enterprise</li> </ul> Company <ul> <li>About</li> <li>Press</li> <li>Work Here</li> <li>Legal</li> <li>Privacy Policy</li> <li>Contact Us</li> </ul> Stack Exchange<br> Network <ul> <li>Technology</li> <li>Life / Arts</li> <li>Culture / Recreation</li> <li>Science</li> <li>Other</li> </ul> <ul> <li>Stack Overflow</li> <li>Server Fault</li> <li>Super User</li> <li>Web Applications</li> <li>Ask Ubuntu</li> <li>Webmasters</li> <li>Game Development</li> </ul> <ul> <li>TeX - LaTeX</li> <li>Software Engineering</li> <li>Unix &amp. Linux</li> <li>Ask Different (Apple)</li> <li>WordPress Development</li> <li>Geographic Information Systems</li> <li>Electrical Engineering</li> </ul> <ul> <li>Android Enthusiasts</li> <li>Information Security</li> <li>Database Administrators</li> <li>Drupal Answers</li> <li>SharePoint</li> <li>User Experience</li> <li>Mathematica</li> </ul> <ul> <li>Salesforce</li> <li>ExpressionEngine® Answers</li> <li>Stack Overflow em Português</li> <li>Blender</li> <li>Network Engineering</li> <li>Cryptography</li> <li>Code Review</li> </ul> <ul> <li>Magento</li> <li>Software Recommendations</li> <li>Signal Processing</li> <li>Emacs</li> <li>Raspberry Pi</li> <li>Stack Overflow на русском</li> <li>Programming Puzzles &amp. Code Golf</li> </ul> <ul> <li>Stack Overflow en español</li> <li>Ethereum</li> <li>Data Science</li> <li>Arduino</li> <li>Bitcoin</li> <li> <strong> more (30) </strong> </li> </ul> <ul> <li>Photography</li> <li>Science Fiction &amp. 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Repair</li> <li> <strong> more (33) </strong> </li> </ul> <ul> <li>MathOverflow</li> <li>Mathematics</li> <li>Cross Validated (stats)</li> <li>Theoretical Computer Science</li> <li>Physics</li> <li>Chemistry</li> <li>Biology</li> </ul> <ul> <li>Computer Science</li> <li>Philosophy</li> <li> <strong> more (10) </strong> </li> </ul> <ul> <li>Meta Stack Exchange</li> <li>Stack Apps</li> <li>API</li> <li>Data</li> <li>Area 51</li> </ul> <ul> <li>Blog</li> <li>Facebook</li> <li>Twitter</li> <li>LinkedIn</li> </ul> <p> site design / logo © 2018 Stack Exchange Inc. user contributions licensed under cc by-sa 3.0 with attribution required. rev 2018.8.17.31351 </p> &lt;div id="noscript-warning"&gt;Stack Overflow works best with JavaScript enabled &lt;img src="https://pixel.quantserve.com/pixel/p-c1rF4kxgLUzNc.gif" alt="" class="dno"&gt. &lt;/div&gt. updated_at: - 2018-08-20 10:10:26.142928525 Z - 2018-08-20 10:10:28.173849202 Z

--- url: - https://stackoverflow.com/legal/terms-of-service - https://stackoverflow.com/legal/terms-of-service/public xpath: - "//div[@class='contentWrapper']" - '' updated_at: - 2018-08-20 10:10:11.947068000 Z - 2018-08-20 10:10:26.142928525 Z

--- url: - https://stackoverflow.com/legal/terms-of-service/public - https://stackoverflow.com/legal/terms-of-service updated_at: - 2018-08-20 10:09:58.710409000 Z - 2018-08-20 10:10:11.947068813 Z

--- text: - " Stack Exchange <ul>\n<li>All Sites</li>\n<li>Top Users</li>\n<li>Newsletters</li>\n</ul> terms of service API terms of use privacy policy content policy trademark guidance contact <br> Stack Exchange Network Terms of Service A Note from the Team <p>The Stack Exchange Network is the easiest way to get expert answers to your questions.\nWe created it to give everyone a chance to be recognized by their peers: recognized for their knowledge, their passion, and their willingness to help others get better at the things they are passionate about.\nWe do ask that you treat our service and community with respect.\nSpam, personal attacks, and abusive language do not have a place on the Stack Exchange Network.\nIf you ever stumble across anything on the Stack Exchange Network that looks like it violates our policies, please be sure to let us know.</p> Accepting the Terms of Service <p>The Stack Exchange Network (the “Network”) is a set of related Internet sites and other applications for questions and answers, owned and operated by Stack Exchange Inc.\n(“Stack Exchange”), a Delaware corporation.\nPlease read these terms of service (“Agreement”) carefully before using the Network or any services provided on the Network (collectively, “Services”).\nBy using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement.\nIf you do not agree to all the terms and conditions of this Agreement, do not use the Services.\nThe Services are accessed by You (“Subscriber” or “You”) under the following terms and conditions:</p> 1.\nAccess to the Services <p>Subject to the terms and conditions of this Agreement, Stack Exchange may offer to provide the Services, as described more fully on the Network, and which are selected by Subscriber, solely for Subscriber’s own use, and not for the use or benefit of any third party.\nServices shall include, but not be limited to, any services Stack Exchange performs for Subscriber, as well as the offering of any Content (as defined below) on the Network.\nStack Exchange may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content.\nStack Exchange may also impose limits on certain features and services or restrict Subscriber’s access to parts or all of the Services without notice or liability.\nStack Exchange reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the Network and by providing notice via e-mail, where possible, or on the Network.\nSubscriber shall be responsible for reviewing and becoming familiar with any such modifications.\nUse of the Services by Subscriber following such modification constitutes Subscriber's acceptance of the terms and conditions of this Agreement as modified.</p>\n<p>Subscriber certifies to Stack Exchange that Subscriber is an individual (i.e., not a corporate entity) at least 13 years of age.\nNo one under the age of 13 may provide any personal information to or on Stack Exchange (including, for example, a name, address, telephone number or email address).\nSubscriber also certifies that they are legally permitted to use the Services and access the Network, and takes full responsibility for the selection and use of the Services and access of the Network.\nThis Agreement is void where prohibited by law, and the right to access the Network is revoked in such jurisdictions.\nStack Exchange makes no claim that the Network may be lawfully viewed or that Content may be downloaded outside of the United States.\nAccess to the Content may not be legal by certain persons or in certain countries.\nIf You access the Network from outside the United States, You do so at Your own risk and You are responsible for compliance with the laws of Your jurisdiction.</p>\n<p>Stack Exchange will use reasonable efforts to ensure that the Network and Services are available twenty-four hours a day, seven days a week.\nHowever, there will be occasions when the Network and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment.\nEvery reasonable step will be taken by Stack Exchange to minimize such disruption where it is within Stack Exchange’s reasonable control.</p>\n<p>You agree that neither Stack Exchange nor the Network will be liable in any event to You or any other party for any suspension, modification, discontinuance or lack of availability of the Network, the service, any Subscriber Content, or other Content.</p>\n<p>Stack Exchange retains the right to create limits on use and storage in its sole discretion at any time with or without notice.</p>\n<p>Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Network or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service.\nSubscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.</p> 2.\nNetwork Content <p>The Network and its contents are intended solely for the use of the Network Subscribers and may only be used in accordance with the terms of this Agreement.\nAll materials displayed or performed on the Network, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively, “Content”) (other than Content posted by Subscriber (“Subscriber Content”)) are the property of Stack Exchange and/or third parties and are protected by United States and international copyright laws.</p>\n<p>The Stack Exchange API shall be used solely pursuant to the terms of the API Terms of Use.</p>\n<p>All trademarks, service marks, and trade names are proprietary to Stack Exchange and/or third parties.\nSubscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.</p>\n<p>The Network is protected by copyright as a collective work and/or compilation, pursuant to U.S.\ncopyright laws, international conventions, and other copyright laws.\nOther than as expressly set forth in this Agreement, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.</p>\n<p>Subscriber may download or copy the Content, and other items displayed on the Network for download, for personal use, provided that Subscriber maintains all copyright and other notices contained in such Content.</p>\n<p>From time to time, Stack Exchange may make available compilations of all the Subscriber Content on the Network (the “Creative Commons Data Dump”).\nThe Creative Commons Data Dump is licensed under the Creative Commons Attribution Share Alike license.\nBy downloading The Creative Commons Data Dump, You agree to be bound by the terms of that license.</p>\n<p>Any other downloading, copying, or storing any Content (other than Subscriber Content or Profile Content that is available via the Stack Exchange API) for other than personal, noncommercial use is expressly prohibited without prior written permission from Stack Exchange, or from the copyright holder identified in such Content's copyright notice.\nIn the event You download software from the Network (other than Subscriber Content or Profile Content that is available via the Stack Exchange API), the software, including any files, images incorporated in or generated by the software, and the data accompanying the software (collectively, the “Software”) is licensed to You by Stack Exchange or third party licensors for Your personal, noncommercial use, and no title to the Software shall be transferred to You.\nStack Exchange or third party licensors retain full and complete title to the Software and all intellectual property rights therein.</p> 3.\nSubscriber Content <p>You agree that all Subscriber Content that You contribute to the Network is perpetually and irrevocably licensed to Stack Exchange under the Creative Commons Attribution Share Alike license.\nYou grant Stack Exchange the perpetual and irrevocable right and license to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Subscriber Content and, except as otherwise set forth herein, to allow others to do so in any medium now known or hereinafter developed (“Content License”) in order to provide the Services, even if such Subscriber Content has been contributed and subsequently removed by You.\nSubscriber warrants, represents and agrees Subscriber has the right to grant Stack Exchange and the Network the rights set forth above.\nSubscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence.\nStack Exchange reserves the right to remove any Subscriber Content from the Network, re-post to the Network any Subscriber Content removed by any Subscriber or former Subscriber, suspend or terminate Subscriber’s right to use the Services at any time, or pursue any other remedy or relief available to Stack Exchange and/or the Network under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if Stack Exchange is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.</p>\n<p>In the event that You post or otherwise use Subscriber Content outside of the Network or Services, with the exception of content entirely created by You, You agree that You will follow the attribution rules of the Creative Commons Attribution Share Alike license as follows: </p>\n<ol>\n<li>You will ensure that any such use of Subscriber Content visually displays or otherwise indicates the source of the Subscriber Content as coming from the Stack Exchange Network.\nThis requirement is satisfied with a discreet text blurb, or some other unobtrusive but clear visual indication.</li>\n<li>You will ensure that any such Internet use of Subscriber Content includes a hyperlink directly to the original question on the source site on the Network (e.g., https://stackoverflow.com/questions/12345)</li>\n<li>You will ensure that any such use of Subscriber Content visually display or otherwise clearly indicate the author names for every question and answer so used.</li>\n<li>You will ensure that any such Internet use of Subscriber Content Hyperlink each author name directly back to his or her user profile page on the source site on the Network (e.g., https://stackoverflow.com/users/12345/username), directly to the Stack Exchange domain, in standard HTML (i.e.\nnot through a Tinyurl or other such indirect hyperlink, form of obfuscation or redirection), without any “nofollow” command or any other such means of avoiding detection by search engines, and visible even with JavaScript disabled.</li>\n</ol> Profile Content <p>Profile Content is information about you (a Subscriber) that is contributed by you or inferred about you by your activity.\nProfile Content includes, but is not limited to, display names, reputation scores, avatars, your role and company, and other user generated content found on a Subscriber's profile such as \"About Me\" content.</p>\n<p>Profile Content that is available via the Stack Exchange API (\"API Profile Content\") is perpetually and irrevocably licensed to Stack Exchange and its Subscribers under the Creative Commons Attribution Share Alike license</p>\n<p>Profile Content that is NOT available via the Stack Exchange API (\"Personal Profile Content\") cannot be used for any commercial purpose, individually or in aggregate, or be republished without the explicit consent of the author of such Personal Profile Content or the explicit consent of Stack Exchange.</p>\n<p>Stack Exchange reserves the right to exclude Content, including Profile Content, from the Stack Exchange API at any time without prior notice.</p>\n<p>Additionally, no Profile Content, including API Profile Content, may be used in any way that implies a user is affiliated with, has signed up for, or is in any way associated with a third party without explicit permission from Stack Exchange or the user.</p> 4.\nRestrictions <p>Subscriber is responsible for all of its activity in connection with the Services and accessing the Network.\nAny fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Subscriber’s right to Services or to access the Network.\nSubscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Network or Service user.</p>\n<p>Use of the Network or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.\nUnder no circumstances will Subscriber use the Network or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Network or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Network, (c) create a false identity or to impersonate another person, or (d) knowingly post any false, inaccurate or incomplete material, or (e) copy, download, or scrape any Personal Profile Content for the purpose of indexing software engineers, social recruiting, sourcing, employment-related services, compiling databases of employment solicitation targets, providing content for a hiring platform without the express permission of Stack Exchange or the User.</p>\n<p> When accessing the askubuntu.com, meta.askubuntu.com, or chat.askubuntu.com sites (\"AskUbuntu\"), Subscriber will also abide by the most current Ubuntu Code of Conduct, which can be found at http://www.ubuntu.com/community/conduct, and is hereby incorporated by reference, but solely with regard to AskUbuntu.\n</p> 5.\nWarranty disclaimer <p>Stack Exchange has no special relationship with or fiduciary duty to Subscriber.\nSubscriber acknowledges that Stack Exchange has no control over, and no duty to take any action regarding: which users gains access to the Network.\nwhich Content Subscriber accesses via the Network.\nwhat effects the Content may have on Subscriber.\nhow Subscriber may interpret or use the Content.\nor what actions Subscriber may take as a result of having been exposed to the Content.\nMuch of the Content of the Network is provided by and is the responsibility of the user or subscriber who posted the Content.\nStack Exchange does not monitor the Content of the Network and takes no responsibility for such Content.\nSubscriber releases Stack Exchange from all liability for Subscriber having acquired or not acquired Content through the Network.\nThe Network may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate.\nStack Exchange makes no representations concerning any content contained in or accessed through the Network, and Stack Exchange will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Network.</p>\n<p>Although Stack Exchange and the Network will make reasonable efforts to store and preserve the material residing on the Network, neither Stack Exchange nor the Network is responsible or liable in any way for the failure to store, preserve or access Subscriber Content or other materials you transmit or archive on the Network.\nYou are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Network.</p>\n<p>The Services, Content, Network and any Software are provided on an \"as is\" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.\nStack Exchange makes no representations or warranties of any kind with respect to the Network, the Services, including any representation or warranty that the use of the Network or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.</p>\n<p>To the fullest extent allowed by law, Stack Exchange disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Network.\nBy using this Network, you acknowledge that Stack Exchange is not responsible or liable for any harm resulting from (1) use of the Network.\n(2) downloading information contained on the Network including but not limited to downloads of content posted by subscribers.\n(3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers.\n(4) the temporary or permanent inability to access or retrieve any Subscriber Content from the Network, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.</p>\n<p>Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to Subscriber.</p> 6.\nThird party websites <p>Users of the Network may gain access from the Network to third party sites on the Internet through hypertext or other computer links on the Network.\nThird party sites are not within the supervision or control of Stack Exchange or the Network.\nUnless explicitly otherwise provided, neither Stack Exchange nor the Network make any representation or warranty whatsoever about any third party site that is linked to the Network, or endorse the products or services offered on such site.\nStack Exchange and the Network disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the Network or Stack Exchange with respect to such sites and third party content.</p> 7.\nRegistration and security <p>As a condition to using Services, Subscriber may be required to register with Stack Exchange and select a password and profile name.\nSubscriber shall provide Stack Exchange with accurate, complete, and updated registration information, including Subscriber’s e-mail address.\nFailure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account.\nSubscriber may not (a) select or use as a profile name a name of another person with the intent to impersonate that person.\nor (b) use as a profile name a name subject to any rights of a person other than Subscriber without appropriate authorization.\nStack Exchange reserves the right to refuse registration of, or cancel a profile name in its discretion.\nSubscriber shall be responsible for maintaining the confidentiality of Subscriber's  password.\nSubscriber is solely responsible for any use of or action taken under Subscriber’s password and accepts full responsibility for all activity conducted through Subscriber’s account and agrees to and hereby releases the Network and Stack Exchange from any and all liability concerning such activity.\nSubscriber agrees to notify Stack Exchange immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password.\nThe Network will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.</p> 8.\nIndemnity <p>Subscriber will indemnify and hold Stack Exchange, its directors, officers, employees, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscriber’s access to the Network, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity.</p> 9.\nLimitation of liability <p>In no event shall Stack Exchange, its directors, officers, shareholders, employees, members, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) be liable with respect to the Network or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever.\n(b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles.\n(c) damages for unauthorized use, non-performance of the Network, errors or omissions.\nor (d) damages related to downloading or posting Content.\nStack Exchange's and the Network's collective liability under this agreement shall be limited to three hundred United States Dollars.\nSome states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to Subscriber.</p> 10.\nFees and payment <p>Some of the Services require payment of fees.\nAll fees are stated in U.S.\ndollars.\nSubscriber shall pay all applicable fees, as described on the Network in connection with such Services selected by Subscriber, and any related taxes or additional charges.\nAll fees are non-refundable unless expressly stated otherwise on the Network.\nSubscriber represents to Stack Exchange that Subscriber is the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services.\nAll fee-based Services and virtual goods are provided “AS IS” with no warranties of any kind.\nStack Exchange may modify and/or eliminate such fee-based Services at its discretion.\nStack Exchange may share your personal information, including credit card information for certain transactions in accordance with our Privacy Policy.\nSubscriber understands and agrees that the payment for virtual goods grants Subscriber a limited license to use the virtual goods as specified on the Network.</p>\n<p>Stack Exchange may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the Network and by sending you email notification.\nIf you do not wish to pay the new prices, you may cancel the services prior to the change going into effect.</p> 11.\nTermination <p>Either party may terminate the Services at any time by notifying the other party by any means.\nStack Exchange may also terminate, block, or suspend any and all Services and access to the Network immediately, without prior notice or liability, in its sole discretion, for any reason or no reason at all, including but not limited to any Subscriber breaches of any of the terms or conditions of this Agreement.\nUpon termination of Subscriber's account, Subscriber’s right to use the Services, access the Network, and any Content will immediately cease.\nAll provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.\nTermination of Your access to and use of the Network and the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to Stack Exchange or the Network, including without limitation any indemnification obligations contained herein.</p> 12.\nPrivacy <p>Please review our Privacy Policy, which governs the use of personal information on the Network and to which Subscriber agrees to be bound as a user of the Network.</p> 13.\nMiscellaneous <p>This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between You, the Network and Stack Exchange with respect to the subject matter hereof.\nThis Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof.\nThe failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.\nStack Exchange shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Stack Exchange’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.\nIf any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.\nThis Agreement is not assignable, transferable or sublicensable by Subscriber except with Stack Exchange’s prior written consent.\nStack Exchange may assign this Agreement in whole or in part at any time without Subscriber’s consent.\nThis Agreement shall be governed by and construed in accordance with the laws of the state of Delaware without regard to the conflict of laws provisions thereof.\nNo agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Stack Exchange in any respect whatsoever.\nAny notice to the Network that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to team@stackexchange.com or when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to <em>Stack Exchange Inc., 110 William St, 28th Floor, New York, NY, 10038, Attn: Legal Dept.</em>\n</p> 14.\nCommunity Moderators <p>Stack Exchange periodically appoints and elects moderators from the community.\nThese moderators are bound by the Community Moderator Agreement (example).</p> 15.\nCopyright Policy <p>Stack Exchange has adopted the following policy toward copyright infringement with respect to the Network in accordance with the Digital Millennium Copyright Act.\nThe address of Stack Exchange's Designated Agent for copyright takedown notices (“Designated Agent”) is listed below.</p> Reporting Copyright Infringements <p>If You believe that content residing or accessible on the Network infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below (all received notices will be posted in full to Lumen):</p>\n<ol>\n<li>Identification of the work or material being infringed.</li>\n<li>Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Stack Exchange is capable of finding and verifying its existence.</li>\n<li>Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.</li>\n<li>A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.</li>\n<li>A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.</li>\n<li>The Notifying Party's physical or electronic signature.</li>\n</ol> After the Designated Agent receives notification of an alleged infringement that meets all of the requirements above, Stack Exchange shall: <ol>\n<li>Disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any subscriber to the Network.</li>\n<li>Stack Exchange will then immediately notify the subscriber responsible for the allegedly infringing material (the Offending Subscriber) that it has removed or disabled access to the material.</li>\n<li>Stack Exchange reserves the right, at its discretion, to immediately terminate the account of any subscriber who is the subject of repeated takedown notices.</li>\n</ol>Filing Copyright Counterclaims <p> A subscriber who believes they are the wrongful subject of a copyright takedown notice may file a counter notification with Stack Exchange by providing the following items in writing to the Designated Agent at the address below (all received notices will be posted in full to Lumen): </p>\n<ul>\n<li>The specific URLs of material that Stack Exchange has removed or to which Stack Exchange has disabled access.</li>\n<li>User’s name, address, telephone number, and email address.</li>\n<li>A statement that User consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York if your address is outside of the United States), and that User will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.</li>\n<li>The following statement: \"I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.\"</li>\n<li>User’s signature.</li>\n</ul>\n<p>Upon receipt of a counterclaim, Stack Exchange will forward it to the party who submitted the original copyright infringement claim.\nThe original complainant will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material.\nIf Stack Exchange does not receive any such notification within 10 days, we may restore the material to the Network.</p> Designated Agent <p>\n<b>Attn:</b> Copyright Agent<br> Stack Exchange Inc.<br> 110 William St, 28th Floor<br> New York, NY 10038<br>\n</p>\n<p>\n<b>Tel:</b> +1 (212) 232-8280<br>\n<b>Fax:</b> +1 (212) 785-4578<br>\n<b>Email:</b> dmca@stackexchange.com<br>\n</p> 16.\nGovernment Users <p> If you are a U.S.\ngovernment user or otherwise accessing or using any Stack Exchange service in a U.S.\ngovernment capacity, this Amendment to the Stack Exchange Network Terms of Service shall apply to you.\n</p>\n<p>Thank you!</p>\n<br> \n" - updated_at: - 2018-08-20 10:09:54.070592041 Z - 2018-08-20 10:09:58.710409666 Z

--- url: - https://stackexchange.com/legal/terms-of-service - https://stackoverflow.com/legal/terms-of-service/public updated_at: - 2018-07-17 10:11:44.346860000 Z - 2018-08-20 10:09:54.070592041 Z

--- document_id: - - 316 quoteText: - - |2- Twitch may provide other third party content on the Twitch Services (collectively the “Third-Party Content”). Twitch does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. source: - Twitch terms of service - https://www.twitch.tv/p/legal/terms-of-service/ quoteStart: - - 26913 quoteEnd: - - 27240 updated_at: - 2018-05-11 19:10:17.921374000 Z - 2018-08-20 10:00:18.059644495 Z

--- id: - - 317 name: - - Privacy Policy url: - - https://www.twitch.tv/p/legal/privacy-policy/ xpath: - - '' text: - - " <ul>\n</ul>\n<ul>\n<li> Following </li>\n<li> Browse </li>\n<li> {{ display_name }} </li>\n</ul>\n<ul>\n<li> Log In </li>\n</ul>\n<ul>\n<li> Following </li>\n<li> Browse </li>\n<li> {{ display_name }} </li>\n<li> Log In </li> Terms of service Privacy Policy Ad Choices Cookie Policy Partners Affiliates </ul>\n<ul>\n<li> About </li>\n<li> Careers </li>\n<li> Blog </li>\n<li> Press </li>\n<li> Brand </li>\n<li> Developers </li>\n<li> Platforms </li>\n<li> Prime </li>\n<li> Bits </li>\n<li> Extensions </li>\n<li> Advertise </li>\n<li> Music </li>\n<li> Following </li>\n<li> Browse </li>\n</ul> About Brand Advertise Partners Platforms Jobs Security Music Help Developers Blog Students Extensions Become the ultimate fan Legal Terms of Service Privacy Policy Community Guidelines DMCA Guidelines Trademark Policy Privacy Choices Trademark Guidelines Terms of Sale Developer Agreement Affiliate Program Agreement Supplemental Fees Statement Ad Choices Bits Acceptable Use Policy Cookie Policy Photosensitive Seizure Warning Events Code Of Conduct Languages <ul>\n<li> Български </li>\n<li> Catalan </li>\n<li> 中文 简体 </li>\n<li> 中文 繁體 </li>\n<li> Čeština </li>\n<li> Dansk </li>\n<li> Nederlands </li>\n<li>\n<strong>English</strong>\n</li>\n<li> English - Great Britain </li>\n<li> Suomi </li>\n<li> Français - Canada </li>\n<li> Français </li>\n<li> Deutsch </li>\n<li> Ελληνικά </li>\n<li> Magyar </li>\n<li> Italiano </li>\n<li> 日本語 </li>\n<li> 한국어 </li>\n<li> Norsk </li>\n<li> Polski </li>\n<li> Português Brasileiro </li>\n<li> Português </li>\n<li> Română </li>\n<li> Русский </li>\n<li> Slovenčina </li>\n<li> Spanish - Latinoamérica </li>\n<li> Español </li>\n<li> Svenska </li>\n<li> ภาษาไทย </li>\n<li> Türkçe </li>\n<li> Tiếng Việt </li>\n</ul> last modified on 08/10/2018 <strong>Privacy Policy</strong>\n<p>This Twitch Privacy Policy applies to your use of www.twitch.tv, and any other websites, applications, or services provided, owned, or operated by Twitch Interactive, Inc.\n(with its affiliates, “<strong>Twitch</strong>”) that link to this Privacy Policy (collectively, the “<strong>Twitch Services</strong>”).\nTwitch values the privacy of users, subscribers, publishers, members, and others who visit and use the Twitch Services (collectively or individually, “<strong>you</strong>” or “<strong>users</strong>”) and wants you to be familiar with how we collect, use, and disclose personal information from and about you.</p>\n<p>For purposes of data protection laws, Twitch Interactive, Inc., located at 350 Bush Street, 2nd Floor, San Francisco, CA 94104, is the “data controller” of your information.\nwith respect to data collected by Curse LLC in connection with the Curse websites and/or services, Curse LLC, located at 350 Bush Street, 2nd Floor, San Francisco, CA 94104, is the “data controller” of your information.</p>\n<p>You may share personal information when using the Twitch Services.\nOne example is when you provide information about yourself as part of the Twitch account creation process.\nAnother is when you take certain actions on the Twitch Services that are public or intended to be public in nature, such as when you broadcast content, participate in a chat room, post profile information, follow a channel, or subscribe to a broadcast channel.\nGiven the social nature of some of the Twitch Services, that information may be collected, used, or disclosed by others who are part of that social interaction.\nIn addition, some features of the Twitch Services are designed to provide others with information about user activity, such as identifying the user who created a particular Clip or the subscription status of users for a given channel.\nWe encourage you to be mindful of this when considering your activity on the Twitch Services.</p>\n<p>By agreeing to this Privacy Policy in your Twitch account setup, or by using the Twitch Services, you consent to the extent permitted by law to the information handling practices described in this Policy.\nStorage and access to cookies that are set in connection with the Twitch Services are governed by the Twitch Cookie Policy (“<strong>Cookie Policy</strong>”).</p>\n<strong>Table of Contents</strong>\n<ol>\n<li>Information Twitch Collects</li>\n<li>How Twitch Uses Information</li>\n<li>When Twitch Discloses Information</li>\n<li>\nData Subject Rights &amp; Your Choices\n</li>\n<li>Account Closure &amp.\nDeletion</li>\n<li>Third-Party Websites and Services</li>\n<li>Extensions</li>\n<li>Advertisers and Analytics Providers</li>\n<li>Do Not Track</li>\n<li>Data Security</li>\n<li>Retention of Your Information</li>\n<li>Children's Privacy</li>\n<li>Merger or Sale</li>\n<li>International Data Transfers</li>\n<li>Changes and Updates to this Privacy Policy</li>\n<li>Twitch Contact Information</li>\n<li>California Privacy Rights</li>\n</ol> Personal Information Twitch Collects About You <p>We obtain information about you through the means discussed below when we provide the Twitch Services.\nPlease note that we need certain types of information so that we can provide the Twitch Services to you.\nIf you do not provide us with such information, or ask us to delete it, you may no longer be able to access or use the Twitch Services.</p>\n<ul>\n<li>\n<strong>User-provided Information</strong>: You may provide a variety of information about yourself to us, such as your name, email address, postal mailing address, telephone number, credit card number, and billing information when you register for Twitch Services.\nupload, purchase, view, or download certain content or products from the Twitch Services.\nenter contests or sweepstakes.\nor otherwise use the features and functionality of the Twitch Services.</li>\n<li>\n<strong>Automatically Collected Information</strong>: When you access the Twitch Services or open one of our emails, we automatically record and store certain information about your system by using cookies and other types of technologies.\nCookies are small text files containing a string of alphanumeric characters that are sent to your browser.\nFor information about what cookies are, how they work, how Twitch uses them, and how to remove them, please see our Cookie Policy .\nExamples of such information we automatically collect include Internet Protocol address (“<strong>IP Address</strong>”), a unique user ID, device and browser types and identifiers, referring and exit page addresses, software and system type, and information about your usage of Twitch Services.\nExamples of how Twitch uses automatically collected information include to: (a) automatically update the Twitch application on your system.\n(b) remember your information so that you will not have to re-enter it during your visit or the next time you access the Twitch Services.\n(c) provide customized advertisements, content, and information.\n(d) monitor the effectiveness of marketing campaigns.\n(e) monitor and store aggregate site usage metrics such as total number of visitors and pages accessed.\nand (f) track your entries, submissions, and status in any promotions or other activities.</li>\n<li>\n<strong>Information from Other Sources</strong>: We may obtain additional information such as demographic and statistical information from third parties and sources other than the Twitch Services, such as advertisers or social media networks (such as Facebook) for which you have approved our access.\nWhen you access the Twitch Services through social media networks or when you connect the Twitch Services to social media networks, you are authorizing Twitch to collect, store, and use such additional information and content in accordance with this Privacy Policy.\nWe may also obtain information from third-party services (such as Riot or Steam) regarding your use of such services, including about your use of the content you choose to broadcast through the Twitch Services.\nWe use this information to supplement the information we collect about you in order to provide more relevant, safer experiences for you with the Twitch Services and improve the Twitch Services, analytics, and advertising.\nIf we combine or associate information from other sources with information that we collect through the Twitch Services, we will treat the combined information in accordance with this Privacy Policy.</li>\n</ul> How Twitch Uses Personal Information <ul>\n<li>Twitch uses such information to operate, maintain, enhance, provide, create, and develop all of the features, functionality, and services (new or existing) found on the Twitch Services.\nprovide security for our websites, products, software, or applications.\nmanage relationships with Twitch account holders (e.g., Partners, Affiliates), including making or receiving payment.\nimprove your experience with the Twitch Services by providing content recommendations and by delivering content that we hope you will find relevant and interesting, including advertising and marketing messages.\nallow you to comment on content, and participate in online games, contests, or rewards programs.\nprevent fraud and abuse.\nand understand the usage trends of our users.</li>\n<li>We use your email address to communicate with you, including to notify you of major Twitch Services updates, for customer service purposes, or to contact you regarding any content that you have posted to or downloaded from the Twitch Services.</li>\n<li>Twitch may periodically send promotional materials or notifications to you related to the Twitch Services.\nIf you want to stop receiving promotional materials, you can go to your account settings once you have logged in to the Twitch Services or follow the unsubscribe instructions at the bottom of any email from us.\nIf you have installed a mobile app and you wish to stop receiving push notifications, you can change the settings either on your mobile device or through the app.</li>\n<li>In certain cases, we have a legal obligation to collect and process your personal information (such as our obligation to share data with tax authorities).</li>\n<li>We may also ask for your consent to process your personal information for a specific purpose that we communicate to you.\nWhen you consent to our processing your personal information for a specified purpose, you may withdraw your consent at any time and we will stop processing of your data for that purpose.</li>\n<li>Twitch will rely on legal grounds to process your personal information to the extent permitted by applicable law, which may include, without limitation:  to honor contractual commitments, to take steps in anticipation of entering into contract, to fulfill legal obligations, your consent, and Twitch’s legitimate interests.</li>\n</ul> When Twitch Discloses Personal Information <p>We share such information as described below:</p>\n<ul>\n<li>We disclose such information to service providers working on our behalf, such as, to: provide website hosting, maintenance, and security services.\nfulfill orders.\nconduct data analysis and create reports.\noffer certain functionality.\nor assist Twitch in improving the Twitch Services and creating new services and features.\nWe require that these parties process such information in compliance with this Privacy Policy, we authorize them to use the information only for the purposes for which it is provided to them, and we require them to use reasonable confidentiality measures.</li>\n<li>Twitch may make information available to our affiliates (meaning entities controlled by, controlling, or under common control with Twitch), including Amazon.com, Inc.\nand its subsidiaries that are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy.</li>\n<li>Twitch may disclose user information if we believe in good faith that such disclosure is necessary to comply with U.S.\nstate and federal laws or other applicable laws around the world (for example, in the country of your residence), or respond to a court order, judicial or other government request, subpoena, or warrant in the manner legally required.</li>\n<li>Twitch also reserves the right to disclose information that we believe, in good faith, is appropriate or necessary to protect Twitch from potential liability or from fraudulent, abusive, or unlawful uses.\ninvestigate and defend ourselves against third-party claims, or allegations.\nprotect the security or integrity of the Twitch Services.\nor protect the rights, property, or safety of Twitch, our users, or others.</li>\n</ul>\n<p>Other than as set out above, you will receive notice when personal information about you might be shared with third parties and you will have an opportunity to choose not to share the information.</p>\n<strong>Data Subject Rights and Your Choices</strong>\n<p>You may decline to share certain information with Twitch, in which case Twitch may not be able to provide to you some of the features and functionality found on the Twitch Services.\nIf you have created a Twitch Services account, depending on the service, you may be able to update your profile information and preferences or disable your account by logging in and going to the settings page -- for example, www.twitch.tv.\nTo learn more about how you can exercise your privacy choices, click here.\nFor other requests to review, update, delete, or otherwise limit Twitch’s use of information that you have provided directly to Twitch, you may contact privacy@twitch.tv.\nIn your request, please include your email address, name, address, and telephone number and specify all relevant background.\nTo protect your privacy and security, we may take steps to verify your identity before granting you access or making corrections to your information.\nYou are responsible for maintaining the secrecy of your unique password and account information at all times.</p>\n<p>Residents of the European Economic Area (“EEA”), can exercise certain data subject rights available to them under applicable data protection laws.  We will comply with requests to exercise these rights in accordance with applicable law.  Please note that in some circumstances, we may  need to keep processing your information for certain legitimate interests or to comply with a legal obligation.  If these rights apply to you, they may permit you to request that we:</p>\n<ul>\n<li>Obtain access to or a copy of certain personal information we hold about you</li>\n<li>Prevent the processing of your personal information for direct marketing purposes (including any direct marketing processing based on profiling)</li>\n<li>Update personal information that is out of date or incorrect</li>\n<li>Delete certain personal information we hold about you</li>\n<li>Restrict the way that we process and disclose specific personal information about you</li>\n<li>Transfer your personal information to a third-party provider of services</li>\n<li>Revoke consent that you previously provided for the processing of your personal information</li>\n</ul>\n<p>For more information on how to exercise these rights, click here.  If applicable, you may make a complaint to the data protection supervisory authority in the country where you are based.\nAlternatively, you may seek a remedy through local courts if you believe your rights have been breached.</p>\n<strong>Account Closure &amp.\nDeletion</strong>\n<p>If you would like to close your account and delete your profile information on www.twitch.tv go to http://www.twitch.tv/user/delete_account. For Twitch Services other than twitch.tv, you may update or delete information tied to your account, or close an account, by accessing the “My Account” area of the service or by submitting a help ticket to that service.\nIf you close your account, Twitch may retain certain information about you for the activities described in this Privacy Policy, or as permitted or required by applicable law.</p>\n<strong>Third-Party Services and Websites</strong>\n<p>The Twitch Services may link to third-party websites or services.\nThe privacy practices of those third parties are not governed by this Privacy Policy.\nWe encourage you to review the privacy policies of these third-party websites and services to understand their practices.</p>\n<p>If you connect to a third-party service (such as Facebook, Twitter, or another third-party application) through the Twitch Services or otherwise link your Twitch account with a third-party service, you are requesting and authorizing us to share or grant access to information on your behalf (such as your username, the fact that your connection originated from the Twitch Services, and other relevant usage and diagnostic information) with such third party.\nWe may also send information about the content you watch or your activities on the Twitch Services to such third parties.\nFor example, we may make information available to app developers, game developers, and game publishers to facilitate purchases and awards of digital goods, such as games and in-game items.</p>\n<strong>Extensions</strong>\n<p>The Twitch Extensions program allows broadcasters to embed interactive, custom, third-party content and applications on their channel pages.\nYou can find out more about the specific Extension(s) operating on a given channel by clicking on the attribution links or icons that Twitch will make available on the channel page, for example, on the Twitch video player or at the bottom of an Extension's panel.</p>\n<p>Interaction by a viewer with an Extension or with the channel on which the Extension is activated will provide the developer that operates the Extension with viewer information of the nature described above in “Automatically Collected Information.” Twitch does not provide access to your user name or ID to third-party Extension developers as part of the Twitch Extensions program unless you click “Grant Access” within the Extension or you install an Extension on your channel.\nYou are responsible for any information you provide to the developer independently, for example, through a web form on the Extension or visiting that developer’s website.</p>\n<p>We require Extension developers to process data about you for only the purposes set forth in our developer agreement.\nWe encourage you to visit an Extension’s detail page to review any privacy policy posted by the developer, which may include additional information on their privacy practices.</p>\n<strong>Advertisers and Analytics Providers</strong>\n<p>We may use third-party Web analytics services in connection with the Twitch Services, such as those of Google Analytics, and its advertising features.\nThese service providers use a variety of tracking technologies such as cookies to analyze how users use the Twitch Services.\nThe information collected (described above in “Automatically Collected Information”) will be collected directly by these service providers to evaluate your use of the Twitch Services.\nFor more information on how Google Analytics uses data from our websites and how you can control the information sent to Google, click here.\nTo learn about opting out of Google Analytics, please click here.\nBecause these opt outs are cookie-based, please note that if you get a new computer or device, install or start using a new browser, or erase or alter your browser’s cookie file, you may need to opt out again.</p>\n<p>Twitch may allow advertisers, third-party advertising networks and third-party advertising serving companies to serve advertisements directly to you within the Twitch Services and other Twitch sites, services and software.\nBy serving these advertisements directly to you, these companies can set their own cookies on your computer and trigger their own Web beacons and other tracking technologies to measure the effectiveness of their advertisements, and to collect and track information such as demographic information, inferred interests, aggregated information, and activity to assist them in personalizing the advertising content delivered to you.\nTwitch does not provide information that is intended to identify you personally to these third-party ad servers or ad networks without your consent.\nHowever, if you respond to an advertisement that targets a certain audience (for example, males age 20 to 25 who have participated in certain promotions), the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach.</p>\n<p>This Privacy Policy does not apply to, and we cannot control the tracking technologies and activities of, other advertisers, third-party advertising networks, or third-party advertising servers.\nYou should consult the respective privacy policies of these advertisers, third-party advertising networks, or third-party advertising servers.\nFor more information about third-party advertising networks and similar entities that use these technologies, see http://www.aboutads.info/consumers, and to opt-out of such ad networks’ and services’ advertising practices, for example, Google Analytics advertising features and Google’s use of cookies, go to the Network Advertising Initiative opt-out page, the Digital Advertising Alliance opt-out page, or the Your Online Choices page.</p>\n<strong>Do Not Track</strong>\n<p>Do Not Track (“<strong>DNT</strong>”) is a privacy preference that users can set in certain web browsers.\nDNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services.\nWe are committed to providing you with meaningful choices about the information collected on our website for third-party purposes, and that is why we provide the Network Advertising Initiative, Your Online Choices and the Digital Advertising Alliance opt-out links above.\nHowever, Twitch does not recognize or respond to browser-initiated DNT signals.</p>\n<strong>Data Security</strong>\n<p>Twitch uses a variety of managerial, technical, and physical measures to protect the integrity and security of your information.\nThese measures may vary based on the sensitivity of your information.\nHowever, no security precautions or systems can be completely secure.\nWe cannot ensure or warrant the security of any information you transmit to Twitch, and you do so at your own risk.\nWe cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.</p>\n<strong>Retention of Your Information</strong>\n<p>We keep your personal information to enable your continued use of Twitch Services, for as long as it is required in order to fulfill the relevant purposes described in this Privacy Policy, as may be required (or permitted) by law such as for tax and accounting purposes, or as otherwise communicated to you.</p>\n<strong>Children’s Privacy</strong>\n<p>IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE TWITCH SERVICES AT ANY TIME OR IN ANY MANNER.</p>\n<p>Protecting the privacy of young children is especially important.\nFor that reason, Twitch does not knowingly collect or maintain personal information (as defined by the United States Children’s Online Privacy Protection Act) from persons under 13 years-of-age.\nIf Twitch learns that personal information of persons under 13 has been collected on or through the Twitch Services, Twitch will take appropriate steps to delete this information.</p>\n<p>If you are the parent or legal guardian of a child under 13 who has become a Twitch Services member, then please contact Twitch at privacy@twitch.tv to have that child’s account terminated and personal information deleted.</p>\n<p>For residents of the EEA, where processing of personal information is based on consent, Twitch will not knowingly engage in that processing for users under the age of consent established by applicable data protection law.\nIf we learn that we are engaged in that processing with such users, we will halt such processing and will take reasonable measures to promptly remove applicable information from our records.</p>\n<strong>Merger or Sale</strong>\n<p>In the event that Twitch, or some or all assets related to the Twitch Services are acquired by or merged with a third-party entity or in connection with a contemplated change of ownership transaction, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users as part of that merger, acquisition, sale, or other change of control event, including in the course of diligence.</p>\n<strong>International Data Transfers </strong>\n<p>Information collected by Twitch may be stored and processed in your region, in the United States (for instance in our major data centers), or in any other country where Twitch or its affiliates, subsidiaries, partners, or service providers are located or maintain facilities.  If we provide any information about you to any such entities, we will take appropriate measures to ensure such companies protect your information adequately in accordance with this Privacy Policy and applicable law.</p>\n<strong>Changes and Updates to this Privacy Policy</strong>\n<p>Twitch reserves the right to change, modify, add, or remove portions of this Privacy Policy at any time (for example to reflect updates to the Twitch Services or to reflect changes in the law).\nPlease check this Privacy Policy periodically for those changes.\nYour continued use of the Twitch Services after the posting of changes constitutes your binding acceptance of such changes.</p>\n<p>We will not materially change our policies and practices to make them less protective of personal information collected in the past under a prior version of the Privacy Policy without the consent of affected individuals</p>\n<strong>Twitch Contact Information</strong>\n<p>Please contact Twitch with any questions or comments about this Privacy Policy at 350 Bush Street, 2nd Floor, San Francisco, CA 94104 or by email to privacy@twitch.tv.\nWe will respond to your inquiry within 30 days of its receipt.\nIf you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.</p>\n<strong>California Privacy Rights</strong>\n<p>California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (as defined by applicable California law) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties.\nTwitch does not currently disclose personal information to third parties for their direct marketing purposes.</p> About Careers Blog Press Brand Developers Platforms Prime Bits Extensions Advertise Music © 2017 Twitch Interactive, Inc.\nTerms of service Privacy Policy Ad Choices Cookie Policy Partners Affiliates Languages <ul>\n<li> Български </li>\n<li> Catalan </li>\n<li> 中文 简体 </li>\n<li> 中文 繁體 </li>\n<li> Čeština </li>\n<li> Dansk </li>\n<li> Nederlands </li>\n<li>\n<strong>English</strong>\n</li>\n<li> English - Great Britain </li>\n<li> Suomi </li>\n<li> Français - Canada </li>\n<li> Français </li>\n<li> Deutsch </li>\n<li> Ελληνικά </li>\n<li> Magyar </li>\n<li> Italiano </li>\n</ul>\n<ul>\n<li> 日本語 </li>\n<li> 한국어 </li>\n<li> Norsk </li>\n<li> Polski </li>\n<li> Português Brasileiro </li>\n<li> Português </li>\n<li> Română </li>\n<li> Русский </li>\n<li> Slovenčina </li>\n<li> Spanish - Latinoamérica </li>\n<li> Español </li>\n<li> Svenska </li>\n<li> ภาษาไทย </li>\n<li> Türkçe </li>\n<li> Tiếng Việt </li>\n</ul> " created_at: - - &1 2018-08-20 09:50:57.265170735 Z updated_at: - - *1 service_id: - - 200

--- id: - - 316 name: - - Terms of Service url: - - https://www.twitch.tv/p/legal/terms-of-service/ xpath: - - '' text: - - " <ul>\n</ul>\n<ul>\n<li> Following </li>\n<li> Browse </li>\n<li> {{ display_name }} </li>\n</ul>\n<ul>\n<li> Log In </li>\n</ul>\n<ul>\n<li> Following </li>\n<li> Browse </li>\n<li> {{ display_name }} </li>\n<li> Log In </li> Terms of service Privacy Policy Ad Choices Cookie Policy Partners Affiliates </ul>\n<ul>\n<li> About </li>\n<li> Careers </li>\n<li> Blog </li>\n<li> Press </li>\n<li> Brand </li>\n<li> Developers </li>\n<li> Platforms </li>\n<li> Prime </li>\n<li> Bits </li>\n<li> Extensions </li>\n<li> Advertise </li>\n<li> Music </li>\n<li> Following </li>\n<li> Browse </li>\n</ul> About Brand Advertise Partners Platforms Jobs Security Music Help Developers Blog Students Extensions Become the ultimate fan Legal Terms of Service Privacy Policy Community Guidelines DMCA Guidelines Trademark Policy Privacy Choices Trademark Guidelines Terms of Sale Developer Agreement Affiliate Program Agreement Supplemental Fees Statement Ad Choices Bits Acceptable Use Policy Cookie Policy Photosensitive Seizure Warning Events Code Of Conduct Languages <ul>\n<li> Български </li>\n<li> Catalan </li>\n<li> 中文 简体 </li>\n<li> 中文 繁體 </li>\n<li> Čeština </li>\n<li> Dansk </li>\n<li> Nederlands </li>\n<li>\n<strong>English</strong>\n</li>\n<li> English - Great Britain </li>\n<li> Suomi </li>\n<li> Français - Canada </li>\n<li> Français </li>\n<li> Deutsch </li>\n<li> Ελληνικά </li>\n<li> Magyar </li>\n<li> Italiano </li>\n<li> 日本語 </li>\n<li> 한국어 </li>\n<li> Norsk </li>\n<li> Polski </li>\n<li> Português Brasileiro </li>\n<li> Português </li>\n<li> Română </li>\n<li> Русский </li>\n<li> Slovenčina </li>\n<li> Spanish - Latinoamérica </li>\n<li> Español </li>\n<li> Svenska </li>\n<li> ภาษาไทย </li>\n<li> Türkçe </li>\n<li> Tiếng Việt </li>\n</ul> last modified on 08/10/2018 Terms of Service <p>1.\nIntroduction.\nYour Agreement to these Terms of Service</p>\n<p>2.\nUse of Twitch by Minors and Blocked Persons</p>\n<p>3.\nPrivacy Policy</p>\n<p>4.\nAccount</p>\n<p>5.\nUse of Devices and Services</p>\n<p>6.\nModification of these Terms of Service</p>\n<p>7.\nLicense</p>\n<p>8.\nUser Content</p>\n<p>9.\nProhibited Conduct</p>\n<p>10.\nRespecting Copyright</p>\n<p>11.\nTrademarks</p>\n<p>12.\nThird Party Content</p>\n<p>13.\nIdea Submission</p>\n<p>14.\nTermination</p>\n<p>15.\nDisputes</p>\n<p>16.\nMiscellaneous</p>\n<p>17.\nRequests for Information and How to Serve a Subpoena </p> 1.\nIntroduction.\nYour Agreement to these Terms of Service.\n<p>PLEASE READ THESE TERMS OF SERVICE CAREFULLY.\nTHIS IS A BINDING CONTRACT.\nWelcome to the services operated by Twitch Interactive, Inc.\n(with its affiliates, “<strong>Twitch</strong>”) consisting of the website available at http://www.twitch.tv, and its network of websites, software applications, or any other products or services offered by Twitch (the “ <strong>Twitch Services</strong> ”).\nOther services offered by Twitch may be subject to separate terms.</p>\n<p>\n<br>When using the Twitch Services, you will be subject to Twitch’s Privacy Policy, Twitch’s Community Guidelines, and you be subject to additional guidelines or rules that are posted on the Twitch Services or made available to you, or applicable to specific services and features that are disclosed to you in connection with such services.\nTwitch may also offer certain paid services, which are subject to the Twitch Terms of Sale as well as any additional terms or conditions that are disclosed to you in connection with such services.\nAll such terms and guidelines (the \"<strong>Guidelines</strong>\") are incorporated into these Terms of Service by reference.</p>\n<p>The Terms of Service apply whether you are a user that registers an account with the Twitch Services or an unregistered user.\nYou agree that by clicking “Sign Up” or otherwise registering, downloading, accessing or using the Twitch Services, you are entering into a legally binding agreement between you and Twitch regarding your use of the Twitch Services.\nYou acknowledge that you have read, understood, and agree to be bound by these Terms of Service.\nIf you do not agree to these Terms of Service, do not access or otherwise use any of the Twitch Services.</p>\n<p>When using or opening an account with Twitch on behalf of a company, entity, or organization (collectively, “<strong>Subscribing Organization</strong>”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein.\nand (ii) agree to these Terms of Service on behalf of such Subscribing Organization.</p> 2.\nUse of Twitch by Minors and Blocked Persons <p>The Twitch Services are not available to persons under the age of 13.\nIf you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction of residence), you may only use the Twitch Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.</p>\n<p>The Twitch Services are also not available to any users previously removed from the Twitch Services by Twitch.\nFinally, the Twitch Services are not available to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.</p>\n<p>BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE TWITCH SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM RECEIVING THE TWITCH SERVICES.</p> 3.\nPrivacy Policy <p>Your privacy is important to Twitch.\nPlease see our Privacy Policy for information relating to how we collect, use, and disclose your personal information, and Privacy Choices on how you can manage your online privacy when you use the Twitch Services.</p> 4.\nAccount a.\nAccount and Password <p>In order to open an account, you will be asked to provide us with certain information such as an account name and password.</p>\n<p>You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password.\nPlease make sure the information you provide to Twitch upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.</p>\n<p>Unless expressly permitted in writing by Twitch, you may not sell, rent, lease, share or provide access to your account to anyone else, including without limitation charging anyone for access to administrative rights on your account.\nTwitch reserves all available legal rights and remedies to prevent unauthorized use of the Twitch Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.</p>\n<p>If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account, password, or any credit, debit or charge card), immediately notify Twitch at legal@twitch.tv.</p> b.\nThird Party Accounts <p>Twitch may permit you to register for and log on to the Twitch Services via certain third party services.\nThe third party’s collection, use and disclosure of your information will be subject to that third party service’s privacy policy.\nFurther information about how Twitch collects, uses and discloses your personal information when you link your Twitch account and with your account on any third party service can be found in our Privacy Policy.</p> 5.\nUse of Devices and Services <p>Access to the Twitch Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices.\nYou are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Twitch Services.</p> 6.\nModification of these Terms of Service <p>Twitch may amend any of the terms of these Terms of Service by posting the terms.\nYour continued use of the Twitch Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.</p>\n<p>If you are a consumer resident in the European Union and you disagree with any proposed modifications that Twitch has made to the Terms of Service, we encourage you to contact us as soon as possible after you start using the Twitch Services at legal@twitch.tv since otherwise they will be binding on you a reasonable time period after you received notice of the proposed modified Terms of Service (usually 30 days unless there are exceptional circumstances).</p> 7.\nLicense <p>The Twitch Services are owned and operated by Twitch.\nUnless otherwise indicated, all content, information, and other materials on the Twitch Services (excluding User Content, set out in Section 8 below), including, without limitation, Twitch’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws.\nAll Materials contained on the Twitch Services are the property of Twitch or its subsidiaries or affiliated companies and/or third-party licensors.\nUnless otherwise expressly stated in writing by Twitch, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e.\na personal and limited right) to access and use the Twitch Services for your personal use or internal business use only.</p>\n<p>Twitch reserves all rights not expressly granted in these Terms of Service.\nThis license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Twitch Services or the Materials.\n(b) distribution, public performance or public display of any Materials.\n(c) modifying or otherwise making any derivative uses of the Twitch Services or the Materials, or any portion of them.\n(d) use of any data mining, robots or similar data gathering or extraction methods.\n(e) downloading (except page caching) of any portion of the Twitch Services, the Materials, or any information contained in them, except as expressly permitted on the Twitch Services.\nor (f) any use of the Twitch Services or the Materials except for their intended purposes.\nAny use of the Twitch Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Twitch, is strictly prohibited and may violate intellectual property rights or other laws.\nUnless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles.\nTwitch can terminate this license at any time, without notice, including where we reasonably consider that: (a) your use of the Twitch Services violates these Terms of Service or applicable law.\n(b) you fraudulently use or misuse the Twitch Services.\nor (c) we are unable to continue providing the Twitch Services to you due to technical or legitimate business reasons.</p> 8.\nUser Content <p>Twitch allows users to distribute streaming live and pre-recorded audio-visual works, to use services, such as chat, bulletin boards, forum postings, wiki contributions, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on the Twitch Services (“User Content”).</p> a.\nLicense to Twitch <p>(i) Unless otherwise agreed to in a written agreement between you and Twitch that was signed by an authorized representative of Twitch, if you submit, transmit, display, perform, post or store User Content using the Twitch Services, you grant Twitch and its sublicensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (including without limitation for promoting and redistributing part or all of the Twitch Services (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered.\nand (b) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such User Content.\nShould such User Content contain the name, identity, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Twitch and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.</p>\n<p>(ii) With respect to User Content known as “add-ons”, “maps”, “mods”, or other types of projects submitted through CurseForge.com or related sites (“Submitted Projects”), the rights granted by you hereunder terminate once you remove or delete such Submitted Projects from the Twitch Services.\nYou also acknowledge that Twitch may retain, but not display, distribute, or perform, server copies of Submitted Projects that have been removed or deleted.</p>\n<p>(iii) With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the Twitch Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Twitch Services and others copied or stored portions of the User Content (e.g., made a Clip).\n(b) Twitch used it for promotional purposes.\nand (c) for the reasonable time it takes to remove from backup and other systems.</p> b.\nUser Content Representations and Warranties <p>You are solely responsible for your User Content and the consequences of posting or publishing it.\nYou represent, and warrant that: (1) you are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein.\n(2) your User Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) defame any other person.\n(3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code.\nand (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of Twitch or third parties.\nTwitch reserves all rights and remedies against any users who breach these representations and warranties.</p> c.\nContent is Uploaded at Your Own Risk <p>Twitch uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution.\nHowever, Twitch does not guarantee that any unauthorized copying, use or distribution of User Content by third parties will not take place.\nTo the furthest extent permitted by applicable law, you hereby agree that Twitch shall not be liable for any unauthorized copying, use or distribution of User Content by third parties and release and forever waive any claims you may have against Twitch for any such unauthorized copying or usage of the User Content, under any theory.\nTHE SECURITY MEASURES TO PROTECT USER CONTENT USED BY TWITCH HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.</p> d.\nPromotions <p>Users may promote, administer, or conduct a promotion (a contest or sweepstakes) on, through or utilizing the Twitch Services (a “ <strong>Promotion</strong> ”).\nIf you choose to promote, administer or conduct a Promotion, you must adhere to the following rules: (i) You may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions.\n(ii) You will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion, including, without limitation, the execution, administration, and operation of the Promotion.\ndrafting and posting any official rules.\nselecting winners.\nissuing prizes.\nand obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds.\nTwitch has the right to remove your Promotion from the Twitch Services if Twitch reasonably believes that your Promotion does not comply with the Terms of Service or applicable law.\n(iii) Twitch is not responsible for and does not endorse or support any such Promotions.\nYou may not indicate that Twitch is a sponsor or co-sponsor of the Promotion.\n(iv) You will display or read out the following when a Promotion is connection with your Promotion: “This is a promotion by [Your Name].\nTwitch does not sponsor or endorse [Your Name]’s promotion and is not responsible for this promotion”.<em>\n</em>\n</p> e.\nEndorsements/Testimonials <p>You agree that your User Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s .com Disclosures Guide , the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (“FTC Guidelines”), as well as any other advertising guidelines required under applicable law.\nFor example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Twitch Services, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Twitch Services, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships.\nYou, and not Twitch, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Twitch Services.</p> 9.\nProhibited Conduct <p>YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Twitch Services.</p>\n<p>You agree that you will comply with these Terms of Service and Twitch’s Community Guidelines and will not:</p>\n<p>i.\ncreate, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;</p>\n<p>ii.\nimpersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Twitch Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Twitch Services, or perform any other similar fraudulent activity;</p>\n<p>iii.\nmake unsolicited offers, advertisements, proposals, or send junk mail or spam to users of the Twitch Services, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;</p>\n<p>iv.\nharvest or collect the email addresses or other contact information of other users from the Twitch Services;</p>\n<p>v.\ndefame, harass, abuse, threaten or defraud users of the Twitch Services, or collect, or attempt to collect, personal information about users or third parties without their consent;</p>\n<p>vi.\nremove, circumvent, disable, damage or otherwise interfere with security-related features of the Twitch Services or User Content, features that prevent or restrict use or copying of any content accessible through the Twitch Services, features that enforce limitations on the use of the Twitch Services or User Content, or delete the copyright or other proprietary rights notices on the Twitch Services or User Content;</p>\n<p>vii.\nreverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Twitch Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;</p>\n<p>viii.\nmodify, adapt, translate or create derivative works based upon the Twitch Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;</p>\n<p>ix.\ninterfere with or damage operation of the Twitch Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;</p>\n<p>x.\nrelay email from a third party’s mail servers without the permission of that third party;</p>\n<p>xi.\naccess any website, server, software application, or other computer resource owned, used and/or licensed by Twitch, including but not limited to the Twitch Services, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Twitch may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed Twitch, including but not limited to the Twitch Services;</p>\n<p>xii.\nmanipulate identifiers in order to disguise the origin of any User Content transmitted through the Twitch Services;</p>\n<p>xiii.\ninterfere with or disrupt the Twitch Services or servers or networks connected to the Twitch Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Twitch Services.\nuse the Twitch Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Twitch Services, or that could damage, disable, overburden or impair the functioning of the Twitch Services in any manner;</p>\n<p>xiv.\nuse or attempt to use another user’s account without authorization from that user and Twitch;</p>\n<p>xv.\nattempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Twitch Services that you are not authorized to access;</p>\n<p>xvi.\nattempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose.\nand</p>\n<p>xvii.\nuse the Twitch Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.</p>\n<p> </p>\n<p>Twitch takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Twitch liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Twitch Services.\nYour use of the Twitch Services is at your own risk.\nIn addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Twitch Services will not contain any content that is prohibited by such rules.</p>\n<p>Twitch is not liable for any statements or representations included in User Content.\nTwitch does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Twitch expressly disclaims any and all liability in connection with User Content.\nTo the fullest extent permitted by applicable law, Twitch reserves the right to remove, screen or edit any User Content posted or stored on the Twitch Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Twitch Services at your sole cost and expense.\nAny use of the Twitch Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Twitch Services.</p> 10.\nRespecting Copyright <p>Twitch respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws.\nIf you are a copyright owner or agent thereof and believe that content posted on the Twitch Services infringes upon your copyright, please submit a notice following our DMCA Guidelines, which include further information about our policies, what to include in your notice, and where to submit your notice.</p> 11.\nTrademarks <p>TWITCH, the Twitch logos, CURSE, the Curse logos, and any other product or service name, logo, or slogan used by Twitch, and the look and feel of the Twitch Services, including all page headers, custom graphics, button icons and scripts, are trademarks or trade dress of Twitch, and may not be used in whole or in part in connection with any product or service that is not Twitch’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Twitch, without our prior written permission.\nAny use of these trademarks must be in accordance with any guidelines that Twitch may provide you from time to time.</p>\n<p>All other trademarks referenced in the Twitch Services are the property of their respective owners.\nReference on the Twitch Services to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.</p> 12.\nThird Party Content <p>In addition to the User Content, Twitch may provide other third party content on the Twitch Services (collectively the “Third-Party Content”).\nTwitch does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness.\nPlease be aware that we do not create Third Party Content, update, or monitor it.\nTherefore we are not responsible for any Third Party Content on the Twitch Services.</p>\n<p>You are responsible for deciding if you want to access or use third party websites or applications that link from the Twitch Services (“Reference Sites”).\nTwitch does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites.\nIn addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Twitch Services are solely between you and such advertiser.\nAccess and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.</p> 13.\nIdea Submission <p>By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to Twitch or its employees, you acknowledge and agree that Twitch shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.</p> 14.\nTermination <p>To the fullest extent permitted by applicable law, Twitch reserves the right, without notice and in our sole discretion, to terminate your license to use the Twitch Services (including to post User Content), and to block or prevent your future access to and use of the Twitch Services, including where we reasonably consider that: (a) your use of the Twitch Services violates these Terms of Service or applicable law.\n(b) you fraudulently use or misuse the Twitch Services.\nor (c) we are unable to continue providing the Twitch Services to you due to technical or legitimate business reasons.\nThis includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions, Twitch Prime or Turbo accounts.\nTo the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Twitch Services, (ii) any term of these Terms of Service, (iii) any policy or practice of Twitch in operating the Twitch Services, or (iv) any content or information transmitted through the Twitch Services, is to terminate your account and to discontinue use of any and all parts of the Twitch Services.</p> 15.\nDisputes <p>a.\nIndemnification</p>\n<p>You agree to indemnify, defend, and hold harmless Twitch, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Twitch Services, any User Content you post, store or otherwise transmit in or through the Twitch Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein.\nTwitch reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Twitch, and you agree to cooperate with Twitch’s defense of these claims.\nTwitch will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.\nThe foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or User Content.</p>\n<p>b.\nDisclaimers.\nNo Warranties</p>\n<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE TWITCH SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY TWITCH.\n(B) TWITCH, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS (“TWITCH PARTIES”) DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE TWITCH SERVICES, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN.\n(C) TWITCH DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE TWITCH SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.\n(D) TWITCH IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY.\nAND (E) WHILE TWITCH ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE TWITCH SERVICES SAFE, TWITCH CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE TWITCH SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.\nNO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TWITCH OR THROUGH THE TWITCH SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.\nYOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM “TWITCH” INCLUDES TWITCH’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.</p>\n<p>c.\nLimitation of Liability and Damages</p>\n<p>i.\nLimitation of Liability.</p>\n<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL TWITCH OR THE TWITCH PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE TWITCH SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM TWITCH, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TWITCH’S RECORDS, PROGRAMS OR SERVICES.\nAND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TWITCH, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE TWITCH SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE TWITCH SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.</p>\n<p>ii.\nReference Sites.</p>\n<p>THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN TWITCH AND RECEIVED THROUGH OR ADVERTISED ON THE TWITCH SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.</p>\n<p>iii.\nBasis of the Bargain.</p>\n<p>YOU ACKNOWLEDGE AND AGREE THAT TWITCH HAS OFFERED THE TWITCH SERVICES, USER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TWITCH, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TWITCH.\nTWITCH WOULD NOT BE ABLE TO PROVIDE THE TWITCH SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.</p>\n<p>a.\nIndemnification</p>\n<p>The following section only applies to you if you are a Subscribing Organization.</p>\n<p>You agree to indemnify, defend, and hold harmless Twitch, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Twitch Services, any User Content you post, store or otherwise transmit in or through the Twitch Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein.\nTwitch reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Twitch, and you agree to cooperate with Twitch’s defense of these claims.\nTwitch will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.\nThe foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or User Content.</p>\n<p>b.\nDisclaimers.\nNo Warranties</p>\n<p>The following section only applies to you if you are a Subscribing Organization.</p>\n<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE TWITCH SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY TWITCH.\n(B) TWITCH, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS (“TWITCH PARTIES”) DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE TWITCH SERVICES, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN.\n(C) TWITCH DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE TWITCH SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.\n(D) TWITCH IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY.\nAND (E) WHILE TWITCH ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE TWITCH SERVICES SAFE, TWITCH CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE TWITCH SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.\nNO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TWITCH OR THROUGH THE TWITCH SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.\nYOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM “TWITCH” INCLUDES TWITCH’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.</p>\n<p>c.\nLimitation of Liability and Damages</p>\n<p>The following sections (i) through (iii) only apply to you if you are a Subscribing Organization.</p>\n<p>i.\nLimitation of Liability.</p>\n<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL TWITCH OR THE TWITCH PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE TWITCH SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM TWITCH, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TWITCH’S RECORDS, PROGRAMS OR SERVICES.\nAND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TWITCH, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE TWITCH SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE TWITCH SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.</p>\n<p>ii.\nReference Sites.</p>\n<p>THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN TWITCH AND RECEIVED THROUGH OR ADVERTISED ON THE TWITCH SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.</p>\n<p>iii.\nBasis of the Bargain.</p>\n<p>YOU ACKNOWLEDGE AND AGREE THAT TWITCH HAS OFFERED THE TWITCH SERVICES, USER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TWITCH, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TWITCH.\nTWITCH WOULD NOT BE ABLE TO PROVIDE THE TWITCH SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.</p>\n<p>The following section only applies if you are a consumer resident in the European Union:</p>\n<p>To the fullest extent permitted by applicable law, neither Twitch and partners in all cases, nor you (if you are an individual customer), will be responsible for: (i) losses that were not caused by any breach on their or your part.\n(ii) any indirect or consequential losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure).\nor (iii) any indirect or consequential losses that were not foreseeable by both you and us when the Terms of Service were agreed or updated as applicable.\nIf you are a Subscribing Organization, then you are not granted any rights under this section.</p>\n<p>d.\nApplicable Law and Venue</p>\n<p>(i) To the fullest extent permitted by applicable law, you and Twitch agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:</p>\n<p>PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH TWITCH AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TWITCH.</p>\n<p>You and Twitch agree to arbitrate any dispute arising from these Terms of Service or your use of the Twitch Services, except that you and Twitch are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.\nARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.\nYou and Twitch agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises.\nNotice to Twitch shall be sent to Twitch Interactive, Inc., Attn: Legal, 350 Bush Street, 2nd Floor, San Francisco, CA 94104.\nYou and Twitch further agree: to attempt informal resolution prior to any demand for arbitration.\nthat any arbitration will occur in Santa Clara County, California.\nthat arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS.\nand that the state or federal courts in Santa Clara County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration.\nOther than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.\nAny dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.\nWhether the dispute is heard in arbitration or in court, you and Twitch will not commence against the other a class action, class arbitration or other representative action or proceeding.</p>\n<p>(ii)     If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then the following shall apply:</p>\n<p>Any disputes, claims or causes of action arising out of or in connection with these Terms of Service will be governed by and construed under the laws of the jurisdiction of your residence. </p>\n<p>Any disputes, claims or causes of action arising out of or in connection with these Terms of Service shall be resolved by competent civil courts within your jurisdiction of residence.</p>\n<p>e.  Claims</p>\n<p>YOU AND TWITCH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TWITCH SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.\nOTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.</p>\n<p>d.\nApplicable Law and Venue</p>\n<p>If you are a Subscribing Organization, then the following governing law and arbitration provision applies:</p>\n<p>PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH TWITCH AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TWITCH.</p>\n<p>You and Twitch agree to arbitrate any dispute arising from these Terms of Service or your use of the Twitch Services, except that you and Twitch are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.\nARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.\nYou and Twitch agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises.\nNotice to Twitch shall be sent to Twitch Interactive, Inc., Attn: Legal, 350 Bush Street, 2nd Floor, San Francisco, CA 94104.\nYou and Twitch further agree: to attempt informal resolution prior to any demand for arbitration.\nthat any arbitration will occur in Santa Clara County, California.\nthat arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS.\nand that the state or federal courts in Santa Clara County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration.\nOther than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.\nAny dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.\nWhether the dispute is heard in arbitration or in court, you and Twitch will not commence against the other a class action, class arbitration or other representative action or proceeding.</p>\n<p>If you are a consumer resident of the European Union, then the following applies:</p>\n<p>Any disputes, claims or causes of action arising out of or in connection with these Terms of Service will be governed by and construed under the laws of the jurisdiction of your residence. </p>\n<p>Any disputes, claims or causes of action arising out of or in connection with these Terms of Service shall be resolved by competent civil courts within your jurisdiction of residence.</p>\n<p>We inform you according to Article 14 of Regulation (EU) No 524/2013 (Regulation on consumer ODR) of your rights in respect of extrajudicial dispute settlements.\nDetailed information can be found in the aforementioned Regulation and at http://ec.europa.eu/consumers/odr.</p>\n<p>e.\nClaims</p>\n<p>The following section only applies to you if you are a Subscribing Organization.</p>\n<p>YOU AND TWITCH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TWITCH SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.\nOTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.</p> 16.\nMiscellaneous a.\nWaiver <p>If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision.\nAny waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.</p> b.\nSeverability.\n<p>If any provision of these Terms of Service or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.</p> b.\nAssignment.\n<p>These Terms of Service and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Twitch without restriction.\nAny assignment attempted to be made in violation of this Terms of Service shall be void.</p> d.\nSurvival.\n<p>Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 11, 12, and 15-17.</p> e.\nEntire Agreement.\n<p>The Terms of Service, together with the Terms of Sale, the Privacy Policy and the Guidelines, is the entire agreement between you and Twitch relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms of Service or Guidelines made by Twitch as set forth in Section 6 above.</p> 17.\nRequests for Information and How to Serve a Subpoena <p>All requests for information or documents related to potential, anticipated or current legal proceedings, investigations or disputes, or for third party user information, from any Twitch Service must be made using the appropriate level of legal process, and must be properly served on Twitch via the Corporation Service Company (CSC), Twitch’s national registered agent.\nPlease find below the California address for CSC (the CSC office in your jurisdiction may be located through the Secretary of State’s website):</p>\n<p>Twitch Interactive, Inc.<br>c/o Corporation Service Company<br>2710 Gateway Oaks Drive, Suite 150N<br>Sacramento CA 95833.</p>\n<p>Please note that Twitch does not accept such requests for information or documents, or service of process, via e-mail or fax and will not respond to such requests.\nAll requests must include the information you may have that will help us identify the relevant records (particularly, the Twitch Service at issue, e.g.\nwww.twitch.tv, www.gamepedia.com, and the username at issue, e.g.\nthe Twitch username: http://www.twitch.tv/username), the specific information requested, and its relationship to your investigation.\nPlease also note that limiting your request to the relevant records (e.g.\na limited time period) will facilitate efficient processing of your request.</p>\n<p>The Twitch Services are offered by Twitch Interactive, Inc., located at: 350 Bush Street, 2nd Floor, San Francisco, CA 94104 and email: help@twitch.tv.\nIf you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.</p> About Careers Blog Press Brand Developers Platforms Prime Bits Extensions Advertise Music © 2017 Twitch Interactive, Inc.\nTerms of service Privacy Policy Ad Choices Cookie Policy Partners Affiliates Languages <ul>\n<li> Български </li>\n<li> Catalan </li>\n<li> 中文 简体 </li>\n<li> 中文 繁體 </li>\n<li> Čeština </li>\n<li> Dansk </li>\n<li> Nederlands </li>\n<li>\n<strong>English</strong>\n</li>\n<li> English - Great Britain </li>\n<li> Suomi </li>\n<li> Français - Canada </li>\n<li> Français </li>\n<li> Deutsch </li>\n<li> Ελληνικά </li>\n<li> Magyar </li>\n<li> Italiano </li>\n</ul>\n<ul>\n<li> 日本語 </li>\n<li> 한국어 </li>\n<li> Norsk </li>\n<li> Polski </li>\n<li> Português Brasileiro </li>\n<li> Português </li>\n<li> Română </li>\n<li> Русский </li>\n<li> Slovenčina </li>\n<li> Spanish - Latinoamérica </li>\n<li> Español </li>\n<li> Svenska </li>\n<li> ภาษาไทย </li>\n<li> Türkçe </li>\n<li> Tiếng Việt </li>\n</ul> " created_at: - - &1 2018-08-20 09:50:34.347160741 Z updated_at: - - *1 service_id: - - 200

--- document_id: - 103 - 315 quoteText: - |- Sonic.net, Inc. uses a quota system for controlling customer bandwidth and disk usage - |2- <p>Each Sonic.net service on an account which comes with a disk quota will increase the amount of disk storage available on our servers by a set amount. Usage during the month that is trending above the quota (that is, is projected to exceed the quota by the end of the month based upon the current portion of the month which has passed) will generate a warning email, and <b>additional usage beyond the quota will be billed at $10 per 250 megabytes.</b> The disk quota includes disk space used for content you host here at Sonic.net, including web, FTP, unix home directory, streaming multimedia servers, MySQL and SSL. </p> source: - https://wiki.sonic.net/wiki/Category:Policies - https://wiki.sonic.net/wiki/Quotas quoteStart: - 17101 - 1459 quoteEnd: - 17186 - 2085 updated_at: - 2018-08-20 09:43:01.944090000 Z - 2018-08-20 09:45:44.588270950 Z

--- id: - - 315 name: - - Quotas url: - - https://wiki.sonic.net/wiki/Quotas xpath: - - '' text: - - " Quotas From SonicWiki Jump to: navigation, search Hosted website and media bandwidth usage at Sonic.net\n<p>Each Sonic.net service type has an associated hosted website and media bandwidth quota.\nAccounts with multiple services will gain the benefit of each service's quota combined (they are cumulative).\nUsage during the month that is trending above the total quota (i.e.\nis projected to exceed the quota by the end of the month based upon the current portion of the month already passed) will generate a warning email.\n<b>Additional usage beyond the quota will be billed at $4.95 per gigabyte in 1GB increments.</b> The bandwidth quota includes bandwidth used for content you host here at Sonic.net, including web, FTP and multimedia.\nIt does not apply to content you download to your PC via your dialup, DSL, or other Sonic.net connection.\n</p>\n<p>This hosted website and media bandwidth quota is applied across all of your sites as a group, so you receive significant benefit if you have multiple sites hosted on your Sonic.net account.\nIt is not required that bandwidth be used equally by your sites.\nthis means that if you have one site that's more popular or larger, it receives the benefit of the leftover quota for the smaller or less popular sites.\n</p>\n<p>To view your current bandwidth and disk quota usage please see Disk Usage Monitoring in the membertools.\nWe also support some forms of bandwidth quota protection.\n</p>\nDisk usage at Sonic.net\n<p>Each Sonic.net service on an account which comes with a disk quota will increase the amount of disk storage available on our servers by a set amount.\nUsage during the month that is trending above the quota (that is, is projected to exceed the quota by the end of the month based upon the current portion of the month which has passed) will generate a warning email, and <b>additional usage beyond the quota will be billed at $10 per 250 megabytes.</b> The disk quota includes disk space used for content you host here at Sonic.net, including web, FTP, unix home directory, streaming multimedia servers, MySQL and SSL.\n</p>\n<p>Disk quotas are cumulative and applied across all of your services as a group, so you receive significant benefit if you have multiple sites or services hosted on your Sonic.net account.\nIt is not required that disk space be used equally by your sites.\nthis means that if you have one site that's more popular or larger, it receives the benefit of the leftover quota for the smaller or less popular sites.\n</p>\n<p>To view your current bandwidth and historical disk quota usage please see Bandwidth Monitoring and Historical Disk Usage in the membertools.\n</p>\nDefinitions\n<p>For the purposes of disk and bandwidth usage, Sonic.net uses the IEEE compliant definition of \"megabyte\" and \"gigabyte.\" One megabyte consists of 1,000,000 (one million) bytes, one gigabyte consists of 1,000,000,000 (one US billion) bytes.\nInformation on the IEEE standard can be found at http://physics.nist.gov/cuu/Units/binary.html.\n</p>\n<p>Bandwidth_Reduction\n</p> Retrieved from \"https://wiki.sonic.net/index.php?title=Quotas&amp;oldid=6304\" Categories: <ul>\n<li>Web Hosting</li>\n<li>Policies</li>\n</ul> Navigation menu Views <ul>\n<li>Page</li>\n<li>Discussion</li>\n<li>View source</li>\n<li>History</li>\n</ul> Personal tools <ul>\n<li>Log in</li>\n</ul> Navigation <ul>\n<li>Main page</li>\n<li>Recent changes</li>\n<li>Random page</li>\n</ul> Sonic Links <ul>\n<li>Sonic Home</li>\n<li>Sonic Support</li>\n<li>Sonic Status</li>\n<li>Sonic CEO Blog</li>\n<li>Sonic Forums</li>\n<li>Member Tools</li>\n</ul> Tools <ul>\n<li>What links here</li>\n<li>Related changes</li>\n<li>Special pages</li>\n<li>Printable version</li>\n<li>Permanent link</li>\n<li>Page information</li>\n<li>Browse properties</li>\n</ul> Search Search   <ul>\n<li> This page was last modified on 19 April 2017, at 13:50.</li>\n<li>Privacy policy</li>\n<li>About SonicWiki</li>\n<li>Disclaimers</li>\n</ul> " created_at: - - &1 2018-08-20 09:43:46.599916497 Z updated_at: - - *1 service_id: - - 286

--- document_id: - - 103 quoteText: - - |- Sonic.net, Inc. uses a quota system for controlling customer bandwidth and disk usage source: - https://wiki.sonic.net/wiki/Quotas - https://wiki.sonic.net/wiki/Category:Policies quoteStart: - - 17101 quoteEnd: - - 17186 updated_at: - 2018-05-07 19:17:54.880561000 Z - 2018-08-20 09:43:01.944090782 Z

--- status: - pending - approved updated_at: - 2018-08-20 09:41:02.375295000 Z - 2018-08-20 09:41:53.517718231 Z

--- quoteText: - |- whenever you use a website, mobile application, or other Internet service, there’s certain information that almost always gets created and recorded automatically. The same is true when you use our products - |2- <li>Device Information. In addition to log data, we may also collect information about the device you’re using Pinterest on, including what type of device it is, what operating system you’re using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. For example, different types of information are available depending on whether you’re using a Mac or a PC, or an iPhone or an Android phone. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.</li> quoteStart: - 1379 - 2956 quoteEnd: - 1584 - 3632 updated_at: - 2018-08-20 09:40:14.132754000 Z - 2018-08-20 09:41:02.375295256 Z

--- document_id: - - 3 quoteText: - - |- whenever you use a website, mobile application, or other Internet service, there’s certain information that almost always gets created and recorded automatically. The same is true when you use our products source: - https://policy.pinterest.com/en/privacy-policy - http://about.pinterest.com/privacy/ quoteStart: - - 1379 quoteEnd: - - 1584 updated_at: - 2018-05-07 05:45:51.824302000 Z - 2018-08-20 09:40:14.132754761 Z

--- url: - https://discordapp.com/terms - https://raw.githubusercontent.com/tosdr/tosback2/master/crawl_reviewed/discordapp.com/Terms.txt xpath: - //*[@class="page-guidelines"]//*[@class="content-2s7dBs content-1PuIn6"] - '' updated_at: - 2018-08-20 08:59:51.666936000 Z - 2018-08-20 09:31:31.477698791 Z

--- xpath: - //*[@class="page-guidelines"] - //*[@class="page-guidelines"]//*[@class="content-2s7dBs content-1PuIn6"] updated_at: - 2018-08-20 08:56:37.125733000 Z - 2018-08-20 08:59:51.666936216 Z

--- xpath: - '' - //*[@class="page-guidelines"] updated_at: - 2018-08-20 07:39:55.282079000 Z - 2018-08-20 08:56:37.125733172 Z

--- status: - pending - approved updated_at: - 2018-08-20 08:28:38.503955000 Z - 2018-08-20 08:29:30.835959196 Z

--- document_id: - - 314 quoteText: - - Få en kopi af dine data eller bliv glemt!<p>Skriv til webre­dak­tør (og DPO), hvis du ger­ne vil have til­sendt de data, vi har om dig, eller hvis du vil bru­ge din “ret til at bli­ve glemt” og vil have slet­tet alle data om dig på sitet.</p> quoteStart: - - 5379 quoteEnd: - - 5621 updated_at: - 2018-08-11 07:23:27.977536000 Z - 2018-08-20 08:28:38.503955293 Z

--- id: - - 314 name: - - Privacy Policy url: - - https://historielaerer.dk/privatlivspolitik/ xpath: - - '' text: - - " Hop til indhold Hop til indhold <p> Historielærer.dk </p>\n<p> Historielærerforeningen for gymnasiet og HF</p> Menu <ul>\n<li>\n<i>\n</i>Log ind</li>\n<li>\n<i>\n</i>Registrer</li>\n<li>\n<i>\n</i>Kurser</li>\n<li>\n<i>\n</i>Didaktik</li>\n<li>\n<i>\n</i>Om<ul>\n<li>Foreningen | Kontaktinfo</li>\n<li>Historiekonkurrencen</li>\n<li>Om historielaerer.dk</li>\n<li>Vedtægter</li>\n<li>Regionssekretærer</li>\n<li>Bestyrelsen</li>\n<li>EMU</li>\n<li>Social<ul>\n<li>\n<i>\n</i>Facebook</li>\n<li>\n<i>\n</i>Twitter</li>\n<li>\n<i>\n</i>Googleplus</li>\n<li>\n<i>\n</i>LinkedIn</li>\n<li>\n<i>\n</i>YouTube</li>\n</ul>\n</li>\n</ul>\n</li>\n<li>\n<i>\n</i>#histpip</li>\n<li>Historiana</li>\n<li>\n<i>\n</i>Links</li>\n<li>\n<i>\n</i>Anmeldelser</li>\n</ul>PersondatapolitikAf Mike Licht, CC BY 2.0<br>https://www.flickr.com/photos/notionscapital/<p>(under udar­bej­del­se)</p>Cookies<p>Historielaerer.dk bru­ger en del “cook­i­es”, små tekst­fi­ler, der gem­mes på din com­pu­ter.\nEx:</p>\n<ul>\n<li>Cook­i­es, der star­ter med <code>pk_ref</code>, <code>_pk_cvar</code>, <code>_pk_id</code>, <code>_pk_ses</code> er fra Mato­mo, som vi bru­ger til at ind­sam­le sta­ti­stik om hjem­mesi­dens brug i ste­det for Goog­le Ana­ly­ti­cs.\nVi har 100% “data owners­hip”, og deler ikke oplys­nin­ger­ne med tred­je­part.</li>\n<li>bp-acti­vi­ty-oldest­pa­ge : husker, hvor meget du har set af nyheds­fe­e­det.</li>\n<li>viewed_cookie_policy: husker, om du har accep­te­ret cook­i­es.</li>\n<li>ifly­chat (det lil­le chatvin­due)</li>\n</ul>\n<p>Du kan selv slet­te eller disab­le cook­i­es i din brow­sers indstil­lin­ger.\nSe hvor­dan man gør i Chro­me. — men så kan der være dele af siden, som ikke fun­ge­rer opti­malt.</p>Hvis du skri­ver en kom­men­tar, kan du væl­ge at gem­me dit navn, din emailadres­se og din hjem­mesi­de i cook­i­es, så du ikke behø­ver at udfyl­de dine oplys­nin­ger igen næste gang. Dis­se cook­i­es varer i et år.<br> Hvis du har en kon­to, og du log­ger ind på det­te web­s­ted, fast­sæt­ter vi en mid­ler­ti­dig cook­ie for at afgø­re, om din brow­ser accep­te­rer cook­i­es. Den­ne cook­ie inde­hol­der ingen per­son­li­ge data og kas­se­res, når du luk­ker din brow­ser.<br> Når du log­ger ind, opret­ter vi også fle­re cook­i­es for at gem­me dine logi­nop­lys­nin­ger og dine skærm­dis­plays valg. Login cook­i­es varer i to dage, og skærmop­tio­ner cook­i­es hol­der i et år. Hvis du væl­ger “Husk mig”, vil dit login fort­sæt­te i to uger. Hvis du log­ger ud af din kon­to, bli­ver login cook­i­es fjer­net.<br> Hvis du redi­ge­rer eller offent­lig­gør en arti­kel, gem­mes en yder­li­ge­re cook­ie i din brow­ser. Den­ne cook­ie inde­hol­der ingen per­son­li­ge data og angi­ver blot post-id’et for den arti­kel, du net­op har redi­ge­ret. Den udlø­ber efter 1 dag.Hvilke data indsamler vi, hvad bruger vi dem til?<p>Dit navn og din adres­se bru­ger vi selv­føl­ge­lig til at sen­de dig Noter.\nOplys­nin­ger om dit andet fag bru­ger vi i fald at vi skal søge på lære­re til tvær­fag­ligt sam­ar­bej­de.</p>\n<p>Når vi gen­nem­fø­rer spør­ge­ske­maun­der­sø­gel­ser bru­ger vi ‘Quiz and Sur­vey Master’, som ind­sam­ler din ip-adres­se og dine svar.</p>\n<p>Hvis du opret­ter eller boo­k­er et kur­sus via hjem­mesi­den ind­sam­ler vi også til­mel­dings­da­ta.</p>\n<p>Dine data gem­mes i en data­ba­se (MySQL) hos WPEn­gi­ne.\nAdgangs­ko­der er kryp­te­ret med MD5.\nHvis historielaerer.dk bli­ver hack­et vil WPEn­gi­ne scan­ne og for­hå­bent­lig fjer­ne virus.\nAlle adgangs­ko­der skal her­ef­ter opda­te­res.</p>Hvem deler vi data med?<p>Vi bru­ger Mail­chimp til at udsen­de mails, og der­for deler vi dit navn og din email med Mail­chimp.\nVi har en data­be­hand­ler­af­ta­le med Mail­chimp.</p>\n<p>Vi bru­ger anti-spam tje­ne­sten Akis­met til at tjek­ke for robot­kom­men­ta­rer.  Oplys­nin­ger­ne vi ind­sam­ler afhæn­ger af, hvor­dan bru­ge­ren opsæt­ter Akis­met til web­s­i­tet, men omfat­ter typisk kom­men­ta­to­rens IP-adres­se, bru­gera­gent, hen­vis­nings­adres­se og webadres­se (sam­men med andre oplys­nin­ger, der direk­te leve­res af kom­men­ta­ren, f.eks.\nDeres navn, bru­ger­navn, e-mail adres­se og sel­ve kom­men­ta­ren).</p>Hvor længe gemmer vi data?<p>Hvis du efter­la­der en kom­men­tar, beva­res kom­men­ta­ren og dens meta­da­ta på ube­stemt tid.\nVi gem­mer også de per­son­li­ge oplys­nin­ger, du giver, når du opret­ter en bru­ger­pro­fil som gæst eller med­lem.\nAlle bru­ge­re kan til enhver tid se, redi­ge­re eller slet­te deres per­son­li­ge oplys­nin­ger (und­ta­gen bru­ger­navn).\nVi gem­mer også de svar du giver i vores spør­ge­ske­ma­er.</p>\n<p>Web­s­te­dad­mi­ni­stra­to­rer kan også se og redi­ge­re dis­se oplys­nin­ger.</p>Indlejret indhold fra andre sider<p>Artik­ler på det­te web­s­ted kan inde­hol­de ind­lej­ret (“embed­ded”) ind­hold (fx video­er, bil­le­der, artik­ler osv.).\nEmbed­ded ind­hold fra andre hjem­mesi­der opfø­rer sig på sam­me måde som om den besø­gen­de har besøgt den anden hjemmeside.Disse web­s­i­tes kan ind­sam­le data om dig, bru­ge cook­i­es, ind­lej­re yder­li­ge­re tred­je­part­s­spor­ing og over­vå­ge din inter­ak­tion med det inte­gre­re­de ind­hold, her­un­der spo­re din inter­ak­tion med det ind­lej­re­de ind­hold, hvis du har en kon­to og er log­get ind på den pågæl­den­de hjem­mesi­de.<br>\n</p>\n<p>Kurs­su­si­der bru­ger fx Goog­le tje­ne­ster til at vise loka­tio­ner — Goog­le kan så ind­sam­le data om dig imens det sker.</p>Få en kopi af dine data eller bliv glemt!<p>Skriv til webre­dak­tør (og DPO), hvis du ger­ne vil have til­sendt de data, vi har om dig, eller hvis du vil bru­ge din “ret til at bli­ve glemt” og vil have slet­tet alle data om dig på sitet.</p>\n<p> </p>\n<p>\n</p> Per­son­da­ta­po­li­tikGiv lidt feed­ba­ck? <br>0 Skriv en kommentar <small>Annuller svar</small>\n<p>Kommentar</p>Navn E-mail Websted <p>Tilmeld mig nyhedsbrevet.</p>\n<p>\n</p>\n<p>\n</p>\n<p>\n</p>\n<p>This site uses Akismet to reduce spam.\nLearn how your comment data is processed.</p>Gå med i en gruppe Nyeste | Aktiv | Populære | Alfabetisk<ul>\n<li> Redaktion aktiv 1 måned siden </li>\n<li> Elevaktiverende historieundervisning med it aktiv 3 måneder, 2 uger siden </li>\n<li> Spil og historieundervisning aktiv 3 måneder, 2 uger siden </li>\n<li> 1.\nverdenskrig aktiv 3 måneder, 3 uger siden </li>\n<li> Idrætshistorie - en gymnasiebog til historiefaget aktiv 5 måneder, 1 uge siden </li>\n</ul> Bedst ifølge brugerne<ul>\n<li>Kun en tåbe svigter historie i gymnasiet 16+</li>\n<li>Videndeling for historielærere 8+</li>\n<li>Bestyrelsen 7+</li>\n<li>Linkbibliotek 6+</li>\n<li>Uvidenhed har nu fået højeste prioritet på HF 6+</li>\n</ul>Bedste forumindlæg<ul>\n<li>Introduktionskompendium Gribskov Gym 5+</li>\n<li>Dokumentarprogrammer - billeder 3+</li>\n<li>Stine har skiftet branche og kommer nok ikke forbi dette… 1+</li>\n</ul>Hjælp med at byde vores nyeste medlem Tanja Sprenger velkommen - tilføj som ven eller skriv en besked.Sidst set Digitalt lejrbål <i>\n</i> skabt med <i>\n</i> til historielærere - Del og hersk!<br> Privatlivspolitik/GDPR<br>\n<i>\n</i>\n<i>\n</i>\n<i>\n</i>\n<i>\n</i>\n<i>\n</i>\n<i>\n</i> | <i>\n</i> Historielærerforeningen bruger cookies for at tilpasse siden til dig.\nOK | Læs mere <ul>\n<li>\n</ul> Generic selectors Præcis disse ord Præcis disse ord Søg titler Søg titler Søg i indhold Søg i indhold Search in excerpt Søg i indlæg Søg i indlæg Søg i sider Søg i sider forumindlæg forumindlæg forumsvar forumsvar kursus kursus Hidden HiddenFilter by Categories danmarkshistorier 100 danmarkshistorier Andet Andet Anmeldelser Anmeldelser Artikler Artikler Euroclio Euroclio Faglige tip Faglige tip FIP FIP Historiedidaktik Historiedidaktik Historiedidaktik Historiedidaktik Historiedidaktik Historiedidaktik16 Høringssvar Høringssvar Konkurrencen Konkurrencen Kurser Kurser Luther Luther 2017 Noter Noter Nyheder Nyheder Om foreningen Om foreningen Quiz Quiz Reklame Reklame Spil og quiz Spil og quiz Temp Temp Undervisningsmateriale UndervisningsmaterialeScroll up the resultsScroll down the results Historielærerforeningen vil gerne sende dig push-beskeder.\n<p> Beskederne kan til hver en tid slås fra i din browsers indstillinger </p>\n<i>\n</i>Nej tak <i>\n</i>Ja tak Powered by PushAssist " created_at: - - &1 2018-08-20 08:27:16.841763716 Z updated_at: - - *1 service_id: - - 675

--- status: - pending - approved updated_at: - 2018-08-20 08:21:58.163111000 Z - 2018-08-20 08:22:51.907578819 Z

--- quoteText: - "is privacy statement.\nFurther details regarding our advertising-related uses of data include: </p>\n<ul>\n<li>\n<strong>Advertising Industry Best Practices and Commitments.</strong> Microsoft is a member of the Network Advertising Initiative (NAI) and adheres to the NAI Code of Conduct.\nWe also adhere to the following self-regulatory " - |- <p> <strong>Our Use of Web Beacons and Analytics Services</strong> </p> <p>Microsoft web pages may contain electronic images known as web beacons (also called single-pixel gifs) that we use to help deliver cookies on our sites, count users who have visited those sites and deliver co-branded services. We also include web beacons in our promotional email messages or newsletters to determine whether you open and act on them. </p> quoteStart: - 11723 - 31165 quoteEnd: - 12056 - 31595 updated_at: - 2018-08-12 14:39:33.987014000 Z - 2018-08-20 08:21:58.163111233 Z

--- status: - pending - declined updated_at: - 2018-08-20 08:08:43.502393000 Z - 2018-08-20 08:15:03.268818732 Z

--- document_id: - - 313 quoteText: - - |2- <p> 9.2 By submitting Your Content to the DesignCrowd Site or in connection with the DesignCrowd Service: </p> <p> (a) You grant Us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, transferable licence to use, reproduce, alter, amend, publish and display Your Content (including Briefs, Community Contests, Submissions and/or Works, and any part thereof) for promotional purposes on and in connection with the DesignCrowd Site, any of Our Websites and in connection with the DesignCrowd Service (including in marketing materials, the press and on other websites owned or operated by Us). and </p> <p> (b) For paid / commercial contests, without limiting paragraph (a), Designer / Creative grants Client a non-transferable, non-exclusive, royalty-free licence to reproduce and display the Work(s) (including to third parties for the purposes of on-selling the Work(s)) prior to (as applicable): </p> <p> (i) the Deadline for Selecting a Contest Work solely for the purposes of assisting in the selection / refinement of the Winning Work. or </p> <p> (ii) the Deadline for Approving the Work solely for the purpose of refining the Work. </p> <p> Designer / Creative and Client (as applicable) are each responsible for obtaining any consents or agreements that are required in respect of the licence granted in this clause 9.2. </p> source: - https://www.designcrowd.com/special-terms-and-conditions - https://www.designcrowd.nl/modal/legal/SpecialTerms quoteStart: - - 10301 quoteEnd: - - 11648 updated_at: - 2018-08-13 08:44:07.795718000 Z - 2018-08-20 08:08:43.502393149 Z

--- id: - - 313 name: - - Special Terms and Conditions url: - - https://www.designcrowd.nl/modal/legal/SpecialTerms xpath: - - '' text: - - " Special Terms and Conditions <ol>\n<li>User Agreement</li>\n<li>Special Terms and Conditions</li>\n<li>Rules for Paid/Commercial Projects</li>\n<li>Refund Policy</li>\n<li>Rules for Community Contests</li>\n<li>Designer / Client Contract</li>\n<li>Privacy Policy</li>\n</ol>\n<p> These terms and conditions are the “Special Terms and Conditions” that apply to the DesignCrowd Site.\nTogether with the Common Terms of Use, they govern the use of the DesignCrowd Site.\nPlease carefully read these Special Terms and Conditions as well as the Common Terms of Use (together, this “Agreement”), before using the DesignCrowd Site.\nIn using Our Services, You may also be entering into a separate contract with other users of Our Services.\nThese circumstances are described in clause 6.\n</p>\n<p> 1 Registering on the DesignCrowd Site </p>\n<p> 1.1 When registering to use the DesignCrowd Site and DesignCrowd Services, You must register yourself as either a “Designer / Creative” or a “Client”.\n</p>\n<p> 2 DesignCrowd Service </p>\n<p> 2.1 The DesignCrowd Service is an online offering where: </p>\n<p> (a) Client(s) seeking a design or work can post Brief(s) in relation to a Project and seek to obtain Submission(s) from Designers / Creatives to such Brief(s).\nand </p>\n<p> (b) DesignCrowd and Community Administrators can run Community Contests and seek to obtain Submissions(s) from Designers / Creatives to such Community Contests, </p>\n<p> in each case in accordance with this Agreement.\n</p>\n<p> 2.2 For a Designer / Creative, the DesignCrowd Service includes the ability to: </p>\n<p> (a) create and modify a profile for that Designer / Creative.\n</p>\n<p> (b) submit Works through the DesignCrowd Site.\n</p>\n<p> (c) submit Submissions to Community Contests through the DesignCrowd Site.\nand </p>\n<p> (d) for paid/commercial Projects, submit Quote(s) and Works to Client(s) through the DesignCrowd Site.\n</p>\n<p> 2.3 For a Client, the DesignCrowd Service includes the ability to: </p>\n<p> (a) post Brief(s) requesting designs or works for paid/commercial Projects (such as logo designs and website designs) through the DesignCrowd Site.\nand/or </p>\n<p> (b) purchase Works from Designers / Creatives for paid/commercial Projects through the DesignCrowd Site.\n</p>\n<p> 2.4 We reserve the right, at Our sole discretion, to deny a Brief from being posted on the DesignCrowd Site, and/or remove a Brief from the DesignCrowd Site.\n</p>\n<p> 2.5 We may, but are under no obligation to review any Community Contest or Brief for accuracy, completeness of information, quality and/or clarity.\n</p>\n<p> 3 Obligations for Clients and Designers / Creatives </p>\n<p> 3.1 The rules and instructions which govern how: </p>\n<p> (a) Clients can post Briefs in relation to a Project, and how Designers / Creatives can submit Submissions in respect of such Briefs, are described on the DesignCrowd Site (“Rules for Paid/Commercial Projects”).\nand </p>\n<p> (b) Designers / Creatives can submit Submissions in respect of such Community Contests, are described on the DesignCrowd Site (“Rules for Community Contests”).\n</p>\n<p> 3.2 Withdrawal of Works.\nDesigner / Creative may: </p>\n<p> (a) remove any of its Submissions (and applicable Works) from the DesignCrowd Site.\nand/or </p>\n<p> (b) for paid/commercial Projects, notify Client that it wishes to withdraw a Submission (and applicable Work(s)), </p>\n<p> provided that for paid/commercial Projects, Client has not previously selected the same Work(s) as the Winning Work or approved Work and/or that Designer / Creative has not been paid for such Submission (and applicable Work(s)) in accordance with this Agreement.\nIn the event paragraphs (a) or (b) above apply, Client must no longer view that Submission (and/or the applicable Work(s)) and it has no rights in respect of the Submission (and the applicable Work(s)) including any right to pay for or use the Work(s).\n</p>\n<p> 4 Acknowledgements </p>\n<p> 4.1 Designer / Creative acknowledges it shall not receive any payment for any of its submitted Work(s) unless: </p>\n<p> (a) in the case of Community Contests, the Designer’s / Creative’s Work is selected as a Winning Work, and only then to the extent that there is a monetary prize for that Community Contest.\n</p>\n<p> (b) in the case of paid/commercial Projects, the Client makes payment to Us in respect of such Work(s) and: </p>\n<p> (i) in the case of Multiple Designer / Creative Contests: </p>\n<p> (A) the Designer / Creative’s Work is selected as a Winning Work.\nor </p>\n<p> (B) for Guaranteed Multiple Designer / Creative Contests, the Designer / Creative’s Work is selected by Us (in the event of Client’s failure to select a Winning Work).\nor </p>\n<p> (ii) in the case of One Designer / Creative Projects, the Designer / Creative’s Work has been approved.\n</p>\n<p> 4.2 Without limiting any warranties given by Client under this Agreement: </p>\n<p> (a) Client must only use or provide a Brief where its genuine good faith intention is to purchase a Work from a Designer / Creative.\nand </p>\n<p> (b) Client must not use the DesignCrowd Service to generate ideas and to use these ideas with no intention of purchasing any Work.\n</p>\n<p> 5 Resellers/White-Labelling and Paid/Commercial Projects </p>\n<p> 5.1 Designer / Creative acknowledges and agrees that Client(s) may: </p>\n<p> (a) reproduce and display the Submissions and submitted Works to third parties as part of the selection and/or approval process.\nand/or </p>\n<p> (b) on-sell Winning Works or approved Works to third parties, </p>\n<p> and that this may be done without an acknowledgement that the Designer is the creator of the Work(s).\n</p>\n<p> 5.2 Designer / Creative: </p>\n<p> (a) warrants that written consents have been obtained from all persons and/or entities engaged by Designer / Creative in the production of the Work in respect of the Client’s rights under this Agreement without infringement of any Moral Rights in the product of their services.\n</p>\n<p> (b) waives, and must ensure that all authors waive, any Moral Rights they may have in the Work.\nand </p>\n<p> (c) consents to Client exercising all rights as afforded under this Agreement and reproducing or otherwise exploiting the Work (and any part thereof) without infringement of Designer / Creative’s Moral Rights, and to doing any other acts that might otherwise infringe Designer / Creative’s Moral Rights.\n</p>\n<p> 6 Designer / Creative – Client Contract and Nature of Our Service </p>\n<p> For paid/commercial Projects, You acknowledge that: </p>\n<p> (a) on: </p>\n<p> (i) selection by Client (or Us) of a Winning Work submitted by Designer in respect of a Multiple Designer Contest.\nor </p>\n<p> (ii) approval of a Work submitted by Designer / Creative in respect of a One Designer / Creative Project, </p>\n<p> Designer / Creative and Client enter into a legally binding agreement with each other in the form of the Designer / Creative – Client Contract that governs (amongst other things) the originality of work and the transfer of copyright from Designer / Creative to Client in respect of the Work(s).\nA copy of this agreement can be found here: Designer / Creative – Client Contract.\n</p>\n<p> (b) We are not a party to the Designer / Creative – Client Contract.\n</p>\n<p> (c) to the maximum extent permitted by law, We are not responsible for, and will not be liable in respect of, any breach or failure to perform by Designer / Creative or Client of any terms of the Designer / Creative – Client Contract.\nand </p>\n<p> (d) to the maximum extent permitted by law, We have no control over and do not accept responsibility for the acts or omissions of Designers / Creatives, Clients or other third parties in connection with the DesignCrowd Service or DesignCrowd Site.\n</p>\n<p> 7 No Contact and Non-disclosure </p>\n<p> 7.1 For paid/commercial Projects: </p>\n<p> (a) Designer / Creative must not contact any Client other than via the DesignCrowd Site for a period of 90 days from the end of each applicable Project unless Designer / Creative is invited to by the applicable Client.\nand </p>\n<p> (b) Designer / Creative acknowledges each Client’s rights to privacy and agrees not to disclose the details of any Brief or any Client to any third party (including to any other designer or Client within the DesignCrowd Site).\n</p>\n<p> 7.2 For the avoidance of doubt, You must not use or attempt to use any third party’s confidential and/or personal information without the express consent from that person in respect of all such proposed uses.\n</p>\n<p> 8 Fees And Refund Policy for Paid/Commercial Projects </p>\n<p> 8.1 In order to launch a paid/commercial Project, Client must first: </p>\n<p> (a) pay to Us the value of any applicable Project Posting Fee.\nand </p>\n<p> (b) pay to Us an amount equal to the relevant Project Budget, </p>\n<p> in accordance with the Fees Schedule.\n</p>\n<p> 8.2 Designer / Creative acknowledges that if it has any Work(s) selected as a Winning Work (in respect of a Multiple Designer / Creative Contest) or approved by Client (in respect of a One Designer / Creative Project), Designer / Creative is liable to pay to Us the Commission Fees in respect of such Work(s).\nDesigner / Creative directs Us to deduct and retain an amount equal to the Commission Fees from the amount of the relevant Project Budget that is payable to Designer / Creative in accordance with the Fees Schedule.\nAccordingly, We will first automatically deduct the Commission Fees from any payment a Designer / Creative receives.\n</p>\n<p> 8.3 You acknowledge that payment of the amount of the Project Budget to Us is not considered a payment to Us but is a payment to the successful Designer(s) in accordance with this Agreement, subject to the deduction of the Commission Fees.\n</p>\n<p> 8.4 For paid/commercial Projects, Our refund policy is set out here.\n</p>\n<p> 8.5 For the avoidance of doubt, in the event Client receives a refund, Client will have no rights or interest (express or implied) in and to any Submission or Work(s) received in connection with the relevant Project.\n</p>\n<p> 9 Intellectual Property Rights And Submissions </p>\n<p> 9.1 You acknowledge that for paid/commercial Projects, the ownership of Intellectual Property Rights in any applicable Works will be set out in the Designer / Creative – Client Contract.\n</p>\n<p> 9.2 By submitting Your Content to the DesignCrowd Site or in connection with the DesignCrowd Service: </p>\n<p> (a) You grant Us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, transferable licence to use, reproduce, alter, amend, publish and display Your Content (including Briefs, Community Contests, Submissions and/or Works, and any part thereof) for promotional purposes on and in connection with the DesignCrowd Site, any of Our Websites and in connection with the DesignCrowd Service (including in marketing materials, the press and on other websites owned or operated by Us).\nand </p>\n<p> (b) For paid / commercial contests, without limiting paragraph (a), Designer / Creative grants Client a non-transferable, non-exclusive, royalty-free licence to reproduce and display the Work(s) (including to third parties for the purposes of on-selling the Work(s)) prior to (as applicable): </p>\n<p> (i) the Deadline for Selecting a Contest Work solely for the purposes of assisting in the selection / refinement of the Winning Work.\nor </p>\n<p> (ii) the Deadline for Approving the Work solely for the purpose of refining the Work.\n</p>\n<p> Designer / Creative and Client (as applicable) are each responsible for obtaining any consents or agreements that are required in respect of the licence granted in this clause 9.2.\n</p>\n<p> 9.3 By submitting Your Content to the DesignCrowd Site or in connection with the DesignCrowd Service, You warrant that: </p>\n<p> (a) You have all the necessary rights, licences and permissions in connection with Your Content.\nand </p>\n<p> (b) You have all necessary permissions from all individual(s), if any, appearing in Your Content (including a release signed by the individual(s), or if the individual is a minor, a release signed by the parent or legal guarding of the individual), and that You are not, and will not be, violating any obligations You owe to, or any rights of, any third party.\n</p>\n<p> 9.4 You must immediately advise Us of any infringement or threatened infringement, unauthorised use, or attack or threatened attack on the validity of any Intellectual Property Rights in connection with Your Content which may come to Your attention and provide to Us at Your cost such assistance as We may reasonably require in relation thereto.\n</p>\n<p> 9.5 Upon purchasing any Work and becoming the owner of the rights in the Work pursuant to the Designer / Creative – Client Contract, Client grants Us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, transferrable licence to use, reproduce, alter, amend, publish and display the Work (and all parts thereof) for promotional purposes on and in connection with the DesignCrowd Site, any of Our Websites and in connection with the DesignCrowd Service (including in marketing materials, the press and on other websites owned or operated by Us).\n</p>\n<p> 9.6 Abuse of Copyright.\nYou agree that You will report all intellectual property problems, offensive material or property violations to Us.\nIf You believe Your rights have been infringed, You agree to email Us (with details of the same) at copyright@designcrowd.com.\n</p>\n<p> 10 DesignCrowd Site </p>\n<p> Use of the DesignCrowd Site is subject to its conditions of use, a copy of which is accessible via the DesignCrowd Site.\n</p>\n<p> 11 Definitions and Interpretation </p>\n<p> 11.1 Definitions </p>\n<p> Capitalised Terms in this Special Terms and Conditions have the same meaning as given in the Common Terms of Use, unless otherwise indicated.\n</p>\n<p> In these Special Terms and Conditions, unless the context otherwise requires: </p>\n<p> \"Brief\" means a document setting out the Requirements for each Project.\n</p>\n<p> \"Client\" means a person or entity that registers with Us as a \"DesignCrowd Client\" in accordance with Our registration procedure.\n</p>\n<p> \"Commission Fees\" means the fee for the Designer / Creative’s use of the DesignCrowd Service which will be at the rate specified in the Fees Schedule.\n</p>\n<p> ”Community Administrator” means Us or an authorised registered user of the DesignCrowd Site who is running a Community Contest.\n</p>\n<p> “Community Contest” means a competition where a Winning Work will be voted on by registered users of the DesignCrowd Site, as further described in the Rules for Community Contests.\n</p>\n<p> \"Deadline for Approving the Work\" means the deadline for the Client to approve a Work, as further described in the Rules for Paid/Commercial Projects.\n</p>\n<p> \"Deadline for Selecting a Contest Work\" means the deadline for: </p>\n<p> (a) the Client to select a Winning Work in a Multiple Designer Contest, as further described in the Rules for Paid/Commercial Projects.\nor </p>\n<p> (b) registered users of the DesignCrowd Site to vote on all Submissions in a Community Contest, as further described in the Rules for Community Contests.\n</p>\n<p> \"DesignCrowd Service\" means the service provided by Us pursuant to this Agreement and as described in clause 2.\n</p>\n<p> \"DesignCrowd Site\" means www.designcrowd.com and its subdomains or any other replacement website as may be notified by Us to You.\n</p>\n<p> \"Designer\" and “Designer / Creative” means a person or entity that registers with Us as a \"Designer\" or “Designer / Creative” in accordance with Our registration procedure.\n</p>\n<p> \"Designer / Creative – Client Contract\" means the agreement between a Designer / Creative and a Client which transfers rights in the Works to the Client, as referred to in clause 6.\n</p>\n<p> “Fees Schedule” means the page of the DesignCrowd Site that sets out the Fees.\n</p>\n<p> \"Guaranteed Multiple Designer / Creative Contest\" is a non-refundable Project where a Winning Work must be selected by the Client, as further described in the Rules for Paid/Commercial Projects.\n</p>\n<p> \"Minimum Design Standards\" means the standards specified by DesignCrowd's Quality Standards.\n</p>\n<p> \"Multiple Designer / Creative Contest\" is a Project where Client may receive multiple Works from different Designers / Creatives, as further described in the Rules for Paid/Commercial Projects.\n</p>\n<p> \"Project\" means a design project the subject of a Brief.\n</p>\n<p> \"Project Budget\" is the amount selected by a Client as the budget for a particular paid/commercial Project, as further described in the Rules for Paid/Commercial Projects.\n</p>\n<p> \"Project Posting Fee\" means the fee payable by Client to Us for launching a paid/commercial Project and posting a Brief.\n</p>\n<p> \"Quote(s)\" means a quote from a Designer / Creative for creation of the applicable Works the subject of the Brief.\n</p>\n<p> \"Refund Request\" is defined in clause 8.4.\n</p>\n<p> \"Requirements\" means detailed descriptions of a Client’s requirements in relation to a Project the subject of the applicable Brief, or in relation to a Community Contest, as applicable, including samples illustrating requirements, relevant deadlines and (if applicable) the Project Budget.\n</p>\n<p> \"Revision(s)\" means minor changes to the Work(s) (including changes in colour, text, content, size, layout) and/or small and immaterial modifications to the concept of the Work(s).\n</p>\n<p> \"One Designer / Creative Project\" is a project where a Client may request quotes and/or work with a single Designer to complete the Project, as further described in the Rules for Paid/Commercial Projects.\n</p>\n<p> \"Submission\" means a design / creative submission made via the DesignCrowd Site from a Designer / Creative in response to a Brief or Community Contest (as applicable), which may include Work(s) and/or Quote(s).\n</p>\n<p> \"Upgrade Fees\" means fees payable for any additional features as specified in the Fees Schedule.\n</p>\n<p> \"Winning Work\" means the Work selected by Client as the successful Work from the Work(s) submitted in response to a Brief for a Multiple Designer Contest, or selected as the winning Work in response to a Community Contest (as applicable).\nand </p>\n<p> \"Work(s)\" means designs, artwork, photographs, text, copy and other works created by a Designer / Creative and submitted to the DesignCrowd Site (in response to a Brief or Community Contest (as applicable)).\n</p> " created_at: - - &1 2018-08-20 08:07:19.650831052 Z updated_at: - - *1 service_id: - - 678

--- id: - - 312 name: - - Rules for Paid/Commercial Contests url: - - https://www.designcrowd.nl/modal/legal/ContestsPaid xpath: - - '' text: - - " Rules for Paid/Commercial Projects <ol>\n<li>User Agreement</li>\n<li>Special Terms and Conditions</li>\n<li>Rules for Paid/Commercial Projects</li>\n<li>Refund Policy</li>\n<li>Rules for Community Contests</li>\n<li>Designer / Client Contract</li>\n<li>Privacy Policy</li>\n</ol>\n<p> These Rules for Paid/Commercial Projects should be read with the Common Terms of Use and the Special Terms and Conditions for the DesignCrowd Site (which these Rules for Paid/Commercial Projects form a part of).\nCapitalised Terms have the same meaning given in those documents, unless otherwise indicated.\n</p>\n<p> 1 Paid/Commercial Project Rules and Instructions </p>\n<p> 1.1 Briefs and Requirements.\n</p>\n<p> (a) In using the DesignCrowd Service, Client must prepare and post to the DesignCrowd Site its Requirements in a Brief.\nClient is solely responsible for the Requirements.\n</p>\n<p> (b) Client must submit its Requirements in the applicable section of the Brief.\nImportant Requirements must be included in the \"Must Have\" section of the Brief and must be specific and be able to be verified objectively (including, by way of example, colour, text and layout) (\"Concrete Requirements\").\n</p>\n<p> (c) Designer / Creative must ensure that each of its Submissions must satisfy the applicable Concrete Requirements.\n</p>\n<p> 1.2 Project Type.\nEach Project posted by Client must be either a \"Multiple Designer / Creative Contest\" or a \"One Designer / Creative Project\", as described below.\n</p>\n<p> (a) Multiple Designer / Creative Contests.\nIn a Multiple Designer / Creative Contest, Client may receive multiple Works from different Designers / Creatives.\nThere are two types of Multiple Designer / Creative Contest, namely: </p>\n<p> (i) Non-Guaranteed: Here, Client may select and purchase a Work from the Work(s) submitted by the Designer(s) / Creative(s) to the Project, thereby releasing the applicable Project Budget (subject to the deduction of the Commission Fees) to the Designer / Creative who submitted that Winning Work.\nor </p>\n<p> (ii) Guaranteed: Here, Client must select and purchase a Work from the Work(s) submitted by the Designer(s) / Creatives(s) to the Project, thereby releasing the applicable Project Budget (subject to the deduction of the Commission Fees) to the Designer / Creative who submitted that Winning Work.\n</p>\n<p> (b) One Designer / Creative Projects.\nIn a One Designer / Creative Project, Client may: </p>\n<p> (i) invite a particular Designer / Creative to work with them on a project or have a suitable Designer / Creative appointed by DesignCrowd.\nor </p>\n<p> (ii) request and receive Quotes from different Designers then select one Designer / Creative to complete the Project.\n</p>\n<p> Where a Client selects a particular Designer / Creative to work with, the selected Designer / Creative may accept or decline the invitation to work.\nWhere the invitation to work is accepted by the Designer / Creative, the Designer / Creative must proceed to create the relevant Works described by the Client Brief.\n</p>\n<p> Where DesignCrowd appoints a Designer / Creative to a One Designer / Creative Project and that Designer / Creative accepts the invitation to work with the Client, the Designer / Creative must proceed to create the relevant Works described by the Client’s Brief.\n</p>\n<p> Where a Client receives and accepts a Quote from a selected Designer / Creative, the selected Designer / Creative must proceed to create the relevant Works as described by the Client’s Brief.\n</p>\n<p> 1.3 Project Budgets.\n</p>\n<p> (a) Multiple Designer / Creative Contests.\nIn a Multiple Designer / Creative Contest, Client must set a Project Budget prior to launch and must deposit the full amount of such Project Budget with Us in accordance with Our payment procedure.\nClient may increase the Project Budget after launch of the Contest but will not be permitted to decrease the Project Budget.\n</p>\n<p> (b) One Designer / Creative Projects.\nIn a One Designer / Creative Project, Client must set a Project Budget or indicate a Project Budget Range in order to elicit quotes from interested Designers / Creatives.\nWhere the One Designer / Creative project is not quote-based, the Client must deposit the full amount of the applicable Project Budget with Us in accordance with Our payment procedure prior to project launch.\n</p>\n<p> 1.4 Timeframes and Deadlines for Submissions for Multiple Designer / Creative Contest(s).\nFollowing Our receipt from the Client of an amount equal to the Project Budget for a Project, the Project will be launched and the Brief will be published on the DesignCrowd Site (provided that the payment has been cleared by one of Our third party payment providers).\nThe Project will be 'open' for a specific timeframe (of no longer than 60 days), as determined by the Client.\nThis duration determines how long the Client will allow for Submissions to be provided by Designers / Creatives (\"Deadline for Multiple Designer / Creative Contest(s) Submissions\").\nClient may extend such deadline for each Project for reasonable periods of no more than 45 days (unless expressly agreed to by Us), but it must not shorten any such deadlines.\nExpired / overdue projects may be closed by Us after reasonable attempts to contact the Client to arrange for the project to be concluded.\n</p>\n<p> 1.5 Timeframes and Deadlines for Submissions for One Designer / Creative Project(s).\nFollowing publication of the applicable Brief and the selection or appointment of a Designer / Creative, and following Our receipt from the Client of an amount equal to the Project Budget for a Project, the Project will be 'open' for a given timeframe, as determined by the Client.\nThis duration determines how long the Client will allow for Submissions to be provided by the selected Designer (\"Deadline for One Designer / Creative Project(s) Submissions\").\nClient may extend such deadline for each Project for reasonable periods of no more than 45 days (unless agreed to by Us), but it must not shorten any such deadlines.\n</p>\n<p> 1.6 Procedure and Deadlines for Selecting a Work for a Multiple Designer / Creative Contest.\nFor all Multiple Designer / Creative Contests, Client must select a Winning Work in accordance with the following: </p>\n<p> (a) Prior to the date 15 days after the expiry of the Deadline for Multiple Designer / Creative Contest(s) Submissions (\"Deadline for Selecting a Contest Work\"), Client: </p>\n<p> (i) may (in the case of Non-Guaranteed Multiple Designer / Creative Contests) select a Winning Work from all of the Work(s) submitted by Designer(s) / Creative(s) in response to the applicable Brief.\nor </p>\n<p> (ii) must (in the case of Guaranteed Multiple Designer / Creative Contests) select a Winning Work from all of the Work(s) submitted by Designer(s) in response to the applicable Brief.\n</p>\n<p> (b) In the event Client extends the Deadline for Multiple Designer / Creative Contest(s) Submissions prior to the expiry of the initial Deadline for Submissions in accordance with clause 3.4, the Deadline for Selecting a Contest Work will be extended until the date that is 15 days from the new Deadline for Multiple Designer / Creative Contest(s) Submissions.\n</p>\n<p> (c) For Guaranteed Multiple Designer / Creative Contests, where the Deadline for Selecting a Contest Work elapses without Client selecting a Winning Work and where the Project Budget was submitted upfront (and cleared funds received), We may award the Project Budget to a Designer / Creative of Our choice or may divide the Project Budget between all Designers / Creatives that submitted Works for the relevant Project.\nIf We select one Designer / Creative on behalf of the Client, the applicable rights in the relevant Work will transfer to the Client as they would if the Client had selected the Work itself, in accordance with the terms of the Designer / Creative – Client Contract.\n</p>\n<p> (d) For Refundable Multiple Designer / Creative Contests, where the Deadline for Selecting a Contest Work elapses without Client selecting a Winning Work and a refund is not requested by the Client within the time limit specified by our refund policy, We may award the Project Budget to a Designer / Creative of Our choice or may divide the Project Budget between all Designers / Creatives that submitted Works for the relevant Project.\nIf We select one Designer / Creative on behalf of the Client, the applicable rights in the relevant Work will transfer to the Client as they would if the Client had selected the Work itself, in accordance with the terms of the Designer / Creative – Client Contract.\n</p>\n<p> 1.7 Procedure and Deadlines for Selecting a Work for a One Designer / Creative Project.\nFor all One Designer / Creative Projects, Client must adhere to the following: </p>\n<p> (a) Where the Project is “Guaranteed”, prior to the date 15 days after the expiry of the Deadline for One Designer / Creative Project(s) Submissions (\"Deadline for Approving the Work\"), Client must approve the Work.\n</p>\n<p> (b) Where the Project is “Refundable”, prior to the date 15 days after the expiry of the Deadline for One Designer / Creative Project(s) Submissions (\"Deadline for Approving the Work\"), Client may approve the Work.\n</p>\n<p> (c) In the event Client extends the Deadline for Submissions prior to the expiry of the initial Deadline for Submissions in accordance with clause 3.5, the Deadline for Approving the Work will be extended until the date that is 15 days from the new Deadline for Submission </p>\n<p> 1.8 Reviewing Submissions.\nClient is responsible for reviewing all Submissions provided by Designers / Creatives through the DesignCrowd Site in response to each Brief posted by Client.\n</p>\n<p> 1.9 Revisions.\nClient may request Revision(s) to the Work(s) which must be undertaken by Designer / Creative in accordance with the following: </p>\n<p> (a) where Designer / Creative’s Submissions do not satisfy the Concrete Requirements of the Client Brief, Designer / Creative must revise the Work until the Concrete Requirements are met in order to be eligible to receive payment for the Work.\n</p>\n<p> (b) Client may request Revisions and Designer / Creative may (at its discretion and without obligation) perform the requested Revisions without charge.\nClient may also request major changes to its Submissions and Designer may (at its discretion) undertake any such changes and may (at its discretion) request payment of a fee for any such changes.\nand </p>\n<p> (c) for the avoidance of doubt: </p>\n<p> (i) requests for a completely new concept will constitute a major change and is considered a major revision (and not a Revision).\nand </p>\n<p> (ii) Designer must not commence any revision work that requires payment without the prior authorisation of the Client.\n</p>\n<p> 1.10 Payment.\nWhere the Deadline for Approving the Work has elapsed, We may release payment to the Designer / Creative who has been selected as the winner of a Multiple Designer / Creating Contest, or chosen in a One Designer / Creative Project except where the Client is eligible for and requests a refund within the time limit specified by our refund policy.\n</p>\n<p> 1.11 Private Projects.\nWhen posting a Project to the DesignCrowd Site, Client may select an option to keep the Project \"private\".\n\"Private\" Projects will not be made available by Us for viewing on those parts of the DesignCrowd Site generally available to members of the public, but will only be visible on the DesignCrowd Site to registered and logged-in users of the DesignCrowd Site.\nClient agrees to pay any applicable Fees for this \"private\" option.\nClient acknowledges that We are unable to guarantee that the Project (or parts thereof) will not be disclosed or made available by third parties.\n</p>\n<p> 2 Our Refund Policy </p>\n<p> View our refund policy </p> " created_at: - - &1 2018-08-20 08:06:50.927032717 Z updated_at: - - *1 service_id: - - 678

--- id: - - 311 name: - - Rules for Community Contests url: - - https://www.designcrowd.nl/modal/legal/ContestsCommunity xpath: - - '' text: - - " Rules for Community Contests <ol>\n<li>User Agreement</li>\n<li>Special Terms and Conditions</li>\n<li>Rules for Paid/Commercial Projects</li>\n<li>Refund Policy</li>\n<li>Rules for Community Contests</li>\n<li>Designer / Client Contract</li>\n<li>Privacy Policy</li>\n</ol>\n<p> These Rules for Community Contests should be read with the Common Terms of Use and the Special Terms and Conditions for the DesignCrowd Site (which these Rules for Community Contests form a part of).\nCapitalised Terms have the same meaning given in those documents, unless otherwise indicated.\n</p>\n<p> 1 Organizing and Participating in a Community Contest </p>\n<p> Any Designer / Creative may make a submission in a Community Contest (\"Submission\") subject to this Agreement and any additional rules established for the specific Community Contest specified on the Community Contest page of the DesignCrowd Site.\nCommunity Contests may be organised by DesignCrowd and authorised Community Administrators.\n</p>\n<p> 2 Submissions </p>\n<p> All Submissions must be received by the deadline stated on the Community Contest page of the DesignCrowd Site.\nAny late, lost, misdirected, incorrect or incomplete Submissions may be disqualified.\nBy participating in a Community Contest, Designer / Creative certifies that he/she has followed, and agrees to be bound by, this Agreement and any additional rules for that specific Community Contest specified on the relevant Community Contest page of the DesignCrowd Site.\n</p>\n<p> 3 Costs to Enter </p>\n<p> All Community Contests are free to enter.\n</p>\n<p> 4 Eligibility </p>\n<p> Community Contests are void where prohibited or otherwise restricted by law.\nCommunity Contests are open to all Designers / Creatives registered with DesignCrowd.\n</p>\n<p> 5 User Submissions and Comments </p>\n<p> Any Submission or comment which is considered to be inappropriate by a Community Administrator or DesignCrowd (including where it is unlawful, is in breach of another person’s Intellectual Property Rights, is generally defamatory or is otherwise inappropriate, or is in breach of this Agreement or any additional rules for the specific Community Contest specified on the Community Contest page of the DesignCrowd Site) may be removed from Our Websites, and the Submission may be disqualified.\nDesignCrowd also reserves the right to suspend or terminate any registered user’s account where their comments or Submissions are considered by a Community Administrator or DesignCrowd to be particularly inappropriate or offensive, irrespective of whether that material is unlawful.\n</p>\n<p> 6 Prizes </p>\n<p> Prizes for Community Contests will be determined by Community Administrators or DesignCrowd.\nPrizes may include points for the DesignCrowd Site, digital awards or (in the case of DesignCrowd sponsored contests) a cash prize.\nIn the case of cash prizes, each winner is responsible for the payment of all taxes associated with the receipt of any prize money.\nNo substitution or transfer of prizes is permitted.\nNon-cash prizes (e.g.\npoints, digital awards) cannot be redeemed for cash.\n</p>\n<p> 7 Selection of Winners </p>\n<p> 7.1 The Winning Work(s) will be selected on the date stated on the Community Contest’s page of the DesignCrowd Site.\nWinning Work(s) will be selected based on the highest average score given by registered users of the DesignCrowd Site, or, where the Contest is sponsored by DesignCrowd, selected by DesignCrowd.\nDesignCrowd will publicise the Winning Work(s) within a reasonable amount of time directly on the DesignCrowd Site.\n</p>\n<p> 7.2 Vote tampering.\nYou may not create multiple accounts for the purpose of voting more than once for a Submission.\nYou may not collude with other users or otherwise seek to manipulate voting outcomes in Community Contests.\nVote tampering may result in the suspension or deactivation of Your user account with DesignCrowd.\n</p>\n<p> 8 General Conditions </p>\n<p> DesignCrowd reserves the right, at its sole discretion, to cancel any Community Contest it considers to be non-compliant with the terms of this Agreement.\n</p> " created_at: - - &1 2018-08-20 08:06:27.006801362 Z updated_at: - - *1 service_id: - - 678

--- id: - - 310 name: - - Designer Client Contract url: - - https://www.designcrowd.nl/modal/legal/DesignerClientContract xpath: - - '' text: - - " Designer / Client Contract <ol>\n<li>User Agreement</li>\n<li>Special Terms and Conditions</li>\n<li>Rules for Paid/Commercial Projects</li>\n<li>Refund Policy</li>\n<li>Rules for Community Contests</li>\n<li>Designer / Client Contract</li>\n<li>Privacy Policy</li>\n</ol>\n<p> This contract relates to the transfer of rights to work(s) created and submitted using the DesignCrowd Service.\nThis contract will apply to you in relation to any Project using the DesignCrowd Service, in your capacity as either a \"Client\" or \"Designer\".\nWhen a Client selects or approves a Work for its Project, the Client and Designer enter into a legally binding agreement in respect of such Work on the terms of this Agreement.\n</p>\n<p>\n</p>\n<p> 1 Agreement and Background\n</p>\n<p> 1.1 This Agreement is between Designer and Client.\n</p>\n<p> 1.2 Designer acknowledges that Designer and DesignCrowd are parties to a User Agreement.\n</p>\n<p> 1.3 Client acknowledges that Client and DesignCrowd are parties to a User Agreement.\n</p>\n<p> 1.4 Designer and Client acknowledge that upon the selection or approval by Client of a Work by Designer, Designer and Client enter into this Agreement in respect of such Work.\n</p>\n<p> 2 Grant of Rights\n</p>\n<p> 2.1 In consideration of the payment to Designer of the Project Payment, Designer hereby assigns to Client and its successors in title all rights, title and interest in and to the Work (and every part thereof), including copyright, for the full period of copyright and other applicable rights, and all extensions and renewals thereof, and Client shall be free to use the Work (and any part thereof) or authorise others to use the Work (and any part thereof) in its absolute discretion free from any claims and in perpetuity throughout the world.\n</p>\n<p> 2.2 Designer acknowledges and agrees that Client will own the entire rights (including copyright) in and to the Work.\nDesigner acknowledges and agrees that pursuant to the rights granted to Client in clause 2.1, Client shall have the sole and exclusive right to (and authorise others to):\n</p>\n<p> (a) adapt and/or alter the Work (and any part thereof).\nand/or\n</p>\n<p> (b) use, distribute, reproduce, communicate to the public, promote and/or exploit the Work (and any part thereof).\n</p>\n<p> 2.3 Designer acknowledges that Client is under no obligation to use the Work (or any part thereof) at any time.\n</p>\n<p> 2.4 Designer must not use and/or exploit (or authorise any third party to use and/or exploit) any part of the Work without Client’s prior written consent which may be withheld in Client’s sole discretion save that Designer may use the Work (or part thereof) solely for promotional purposes:\n</p>\n<p> (a) as part of Designer’s portfolio on the DesignCrowd Site and/or using the DesignCrowd \"widget\" on the DesignCrowd Site to display designs submitted by Designer.\nand\n</p>\n<p> (b) unless the Work is submitted in respect of a Project that Client has selected as a \"private\" Project, outside the DesignCrowd Site in Designer’s portfolio of designs to promote Designer’s design work.\n</p>\n<p> For the avoidance of doubt, if the Work is submitted in respect of a Project that Client has selected as a \"private\" Project, Designer’s only permitted use of the Work shall be as specified in clause 2.4(a) above.\n</p>\n<p> 2.5 Designer agrees that Designer shall not be entitled to any sums or payment from Client or any other party in respect of the Work other than the Project Payment.\n</p>\n<p> 2.6 Designer and Client acknowledge that under the terms of a User Agreement entered into between Designer and DesignCrowd, and between Client and DesignCrowd, Designcrowd is granted a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, transferrable licence to use, reproduce, alter, amend and display the Work (and all parts thereof) for promotional purposes on the DesignCrowd Site, its Associated Sites and in connection with the DesignCrowd Service (including without limitation in marketing materials, the press and on other websites owned or operated by DesignCrowd) (\"Promotional Licence\").\nNothing in this Agreement is intended to limit or restrict such Promotional Licence.\n</p>\n<p> 3 Intellectual Property\n</p>\n<p> 3.1 Designer acknowledges and agrees that that all Intellectual Property Rights owned or controlled by Client remain the property of the applicable owner, and that Designer has not and will not acquire any proprietary rights thereto by reason of this Agreement.\n</p>\n<p> 3.2 Client acknowledges and agrees that all Intellectual Property Rights owned or controlled by Designer (other than in respect of the Work) remain the property of the applicable owner, and that Client has not and will not acquire any proprietary rights thereto (other than in respect of the Work) by reason of this Agreement.\n</p>\n<p> 4 Moral rights\n</p>\n<p> 4.1 Designer warrants that written consents have been obtained from all persons and/or entities engaged by Designer in the production of the Work in respect of the exercise of all rights as afforded under this Agreement without infringement of any Moral Rights in the product of their services.\n</p>\n<p> 4.2 Designer consents to Client exercising all rights as afforded under this Agreement and reproducing or otherwise exploiting the Work (and any part thereof) without infringement of Designer’s Moral Rights, and to doing any other acts that might otherwise infringe Designer’s Moral Rights.\n</p>\n<p> 5 Warranties\n</p>\n<p> 5.1 Client warrants and represents that:\n</p>\n<p> (a) Client has the right, power and authority to enter into this Agreement.\nand\n</p>\n<p> (b) Client shall comply with all applicable laws in its performance of its rights and obligations under this Agreement.\n</p>\n<p> 5.2 Designer warrants and represents that:\n</p>\n<p> (a) Designer has the right, power and authority to enter into this Agreement and grant the rights granted in this Agreement.\n</p>\n<p> (b) Designer shall comply with all applicable laws in its performance of its rights and obligations under this Agreement.\n</p>\n<p> (c) the Work (and any part thereof) does not infringe the Intellectual Property Rights or any other rights of any person.\n</p>\n<p> (d) the Work (and any part thereof) is not the subject of any claim, demand, action or legal proceeding or to Designer’s knowledge any potential or pending claim, demand, action or proceeding.\n</p>\n<p> (e) the Work is an original copyright work.\n</p>\n<p> (f) Designer owns the copyright in the Work or, to the extent the copyright in any part of the Work is owned by a third party, Designer has obtained all licences, consents and/or permissions required to permit Designer to use, reproduce and amend such part (as applicable) as required to enable Client to exploit the Work in accordance with this Agreement.\n</p>\n<p> (g) Designer will act in good faith at all times towards Client and provide such assistance and co-operation as is reasonable and practicable on request by Client.\n</p>\n<p> (h) the Work is delivered to Client free from third party encumbrances and Designer has obtained a full buy-out of all rights of any third party engaged by Designer or in respect of the production of the Work.\n</p>\n<p> (i) the Work does not contain material that is obscene, illegal, offensive, upsetting, defamatory or in any way unsuitable for people under the age of eighteen (18) years old.\n</p>\n<p> (j) Designer has not done, nor permitted to be done, and will not do or permit, any act or thing by which any of the rights granted herein have been or may be in any way impaired.\n</p>\n<p> (k) Designer is solely responsible for any third party payments or royalties payable in respect of the Work.\n</p>\n<p> (l) Designer will sign whatever documents and take any action reasonably necessary that Client requires to give effect to the terms of this Agreement and Designer will do nothing which would or might prejudice Client’s rights hereunder.\nand\n</p>\n<p> (m) Designer has not entered into any agreement or arrangements or understandings which may conflict with the terms of this Deed.\n</p>\n<p> 5.3 Designer must immediately advise Client of any infringement or threatened infringement, unauthorised use, or attack or threatened attack on the validity of any Intellectual Property Rights in connection with the Work which may come to Designer’s attention and provide to Client at Designer’s cost such assistance as Client may reasonably require in relation thereto.\n</p>\n<p> 6 Intellectual Property Infringement by a Third Party\n</p>\n<p> 6.1 Client may in its absolute discretion determine whether or not it shall take or defend legal or other action against any third party for any actual or threatened or suspected infringement of any rights in and to the Work and if Client elects to take legal or other action Client:\n</p>\n<p> (a) shall have sole control over the form and conduct of such action.\n</p>\n<p> (b) may settle, compromise or discontinue the action as it thinks fit.\nand\n</p>\n<p> (c) shall be entitled to any award of costs and/or damages made in relation to such action.\n</p>\n<p> 6.2 Designer will give Client all authority, information and assistance reasonably requested by Client to assist Client to initiate, litigate, settle or compromise any proceedings in respect of any such infringement or misuse pursuant to this clause 6 at no cost to Client.\n</p>\n<p> 7 Confidentiality\n</p>\n<p> 7.1 A party shall not, without the prior written approval of the other party, disclose the other party’s Confidential Information.\nA party shall not be in breach of this Agreement in circumstances where it is legally compelled to disclose the other party’s Confidential Information.\n</p>\n<p> 7.2 Each party shall take all reasonable steps to ensure that its employees and agents do not disclose the other party’s Confidential Information.\n</p>\n<p> 7.3 The parties may disclose the other party’s Confidential Information:\n</p>\n<p> (a) to its related companies, solicitors, auditors, insurers and accountants who require information for the purpose of this Agreement.\nor\n</p>\n<p> (b) if required to disclose the information by law or the rules of any Stock Exchange.\n</p>\n<p> 8 Liability\n</p>\n<p> To the maximum extent permitted by law, in relation to the subject matter of this Agreement in no event shall either party to this Agreement or its employees, officers, representatives and directors be liable to the other party to this Agreement or its employees, officers, representatives and directors for any loss of profits, management time, savings, contracts, revenue, invest, goodwill, data, or for any penalties, fines, or for any consequential, special, indirect, or exemplary damages, costs, expenses, or losses (including, without limitation, for negligence).\n</p>\n<p> 9 Acknowledgement\n</p>\n<p> 9.1 Designer and Client each acknowledge that:\n</p>\n<p> (a) DesignCrowd is not a party to this Agreement.\n</p>\n<p> (b) to the extent permitted by law, DesignCrowd is not responsible for, and will not be liable in respect of, any breach or failure to perform by Designer or Client of any terms of this Agreement.\nand\n</p>\n<p> (c) to the extent permitted by law, DesignCrowd has no control over and does not accept responsibility for the acts or omissions of Designer, Client or other third parties in connection with the DesignCrowd Service or the DesignCrowd Site.\n</p>\n<p> 10 General\n</p>\n<p> 10.1 This Agreement is governed by the laws of New South Wales Australia and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.\n</p>\n<p> 10.2 All notices must be in writing and addressed to the relevant party at the address as provided pursuant to this Agreement.\n</p>\n<p> 10.3 Each party must take all steps as may be reasonably required by the other party to give effect to the terms of this Agreement and transactions contemplated by this Agreement.\n</p>\n<p> 10.4 This Agreement contains the entire agreement between the parties with respect to its subject matter.\n</p>\n<p> 10.5 Each party acknowledges that in entering into this Agreement it has not relied on any representation or warranties about its subject matter except as provided in this Agreement.\n</p>\n<p> 10.6 No delay, neglect or forbearance on the part of any party in enforcing against any other party any obligation under this Agreement will operate as a waiver or in any way prejudice any right under this Agreement.\n</p>\n<p> 10.7 If any provision of this Agreement is held to be invalid, illegal or unenforceable, this Agreement will continue otherwise in full force and effect apart from such provision which will be taken to be deleted.\n</p>\n<p> 11 Definitions and Interpretation\n</p>\n<p> 11.1 Definitions In this Agreement, unless the context otherwise requires:\n</p>\n<p> “Associated Sites” means the other websites operated by DesignCrowd.\n</p>\n<p> \"Confidential Information\" means the information of a party which relates to the subject matter of this Agreement or arising from Client and Designer’s use of the DesignCrowd Service or which is obtained from or through the DesignCrowd Site and which is not already in the public domain through no breach of the recipient of its obligations of confidentiality owed to the discloser.\n</p>\n<p> \"DesignCrowd\" means DesignCrowd Pty Ltd (a private company registered in Australia Australian Business Number (ABN): 26 127 272 315) of 2 Hill Street, Surry Hills 2010 Australia.\n</p>\n<p> \"DesignCrowd Site\" means www.designcrowd.com or any other replacement website in connection with the DesignCrowd Service.\n</p>\n<p> \"DesignCrowd Service\" means the service provided by DesignCrowd pursuant to the User Agreement.\n</p>\n<p> \"Intellectual Property Rights\" means all industrial and intellectual property rights including, but not limited to, copyright, trade marks and designs.\n</p>\n<p> \"Moral Rights\" means moral rights pursuant to the Copyright Act 1968 (Cth) including without limitation a right of attribution of authorship, the right not to have authorship falsely attributed, and the right of integrity or authorship.\n</p>\n<p> \"Project\" means a design project in connection with the DesignCrowd Service.\n</p>\n<p> \"Project Payment\" means the fees payable to Designer in respect of the Project, namely the amount of the applicable project budget after deduction of the applicable commission payable to DesignCrowd in accordance with the User Agreement.\n</p>\n<p> \"User Agreement\" means the agreement between DesignCrowd and Client or DesignCrowd and Designer (as applicable) governing Client’s and Designer’s use of the DesignCrowd Service (as applicable).\n</p>\n<p> \"Work(s)\" means designs, artwork, photographs, text, copy and other works submitted by a Designer to the DesignCrowd Site in connection with a Project and selected as the \"winning design\" or approved by Client in relation to that Project.\n</p>\n<p> 11.2 Interpretation\n</p>\n<p> The following rules of interpretation apply unless the context requires otherwise:\n</p>\n<p> (a) headings are for convenience only and do not affect interpretation.\n</p>\n<p> (b) the singular includes the plural and conversely.\n</p>\n<p> (c) a gender includes all genders.\n</p>\n<p> (d) where a word or phrase is defined its other grammatical forms have a corresponding meaning.\n</p>\n<p> (e) a reference to a person includes a body corporate, an unincorporated body or other entity and conversely.\n</p>\n<p> (f) a reference to a clause or schedule is to a clause or schedule to this Agreement.\n</p>\n<p> (g) a reference to any party to this Agreement or any other agreement or document includes the party's successors and assigns.\n</p>\n<p> (h) a reference to any agreement or document is to that agreement or document as amended, novated, supplemented, varied or replaced from time to time, where applicable, in accordance with this Agreement or that other agreement or document.\n</p>\n<p> (i) a reference to any legislation or to any provision of any legislation includes any modification or re-enactment of it, any legislative provision substituted for it and all regulations and statutory instruments issued under it.\n</p>\n<p> (j) a reference to conduct includes, without limitation, any omissions, statement or undertaking, whether or not in writing.\n</p> " created_at: - - &1 2018-08-20 08:06:00.497835615 Z updated_at: - - *1 service_id: - - 678

--- id: - - 309 name: - - Refund Policy url: - - https://www.designcrowd.nl/modal/legal/ContestsPaidRefundPolicy xpath: - - '' text: - - " Refund Policy <ol>\n<li>User Agreement</li>\n<li>Special Terms and Conditions</li>\n<li>Rules for Paid/Commercial Projects</li>\n<li>Refund Policy</li>\n<li>Rules for Community Contests</li>\n<li>Designer / Client Contract</li>\n<li>Privacy Policy</li>\n</ol>\n<p> 1 Our Refund Policy </p>\n<p> 1.1 Multiple Designer / Creative Contest refunds - Client is eligible for and can request a full refund of its Project Budget (excluding any Project Posting Fees and Upgrade Fees paid to Us and excluding the applicable transaction fee(s)) in respect of a Project if: </p>\n<p> (a) it requests a refund in writing using the procedure on the DesignCrowd Site (\"Refund Request\").\n</p>\n<p> (b) it has not selected a Winning Work from the Works submitted (if any) in response to a Brief.\n</p>\n<p> (c) the Multiple Designer / Creative Contest is not a Guaranteed Multiple Designer Contest.\nand </p>\n<p> (d) the Refund Request is made within 60 days of launching the relevant Project.\n</p>\n<p> 1.2 Project Posting Fees - Client is eligible for and can request a full refund of its Project Posting Fees and Upgrade Fees (excluding the applicable transaction fee(s)) in respect of a Project if: </p>\n<p> (a) no Submissions are made by any Designers prior to the Deadline for Multiple Designer / Creative Contest Submissions.\n</p>\n<p> (b) none of the Submissions provided by Designer(s) meet the Concrete Requirements outlined in Client’s Brief.\nor </p>\n<p> (c) none of the Submissions provided by Designer(s) meets DesignCrowd’s Minimum Design Standards.\n</p>\n<p> 1.3 Exceptions - Notwithstanding the terms above, Client is not eligible for and will not receive any refund where: </p>\n<p> (a) the Project / Contest is Guaranteed and therefore ineligible for a refund.\nor </p>\n<p> (b) Client has already selected a Winning Work.\n</p>\n<p> 1.4 One Designer / Creative Projects - Client will be eligible for a full refund of its Project Budget (excluding any Payment Posting Fees and Upgrade Fees paid to Us and excluding the applicable transaction fee(s)) in respect of a Project where: </p>\n<p> (a) the One Designer / Creative project is refundable and the Client has not approved payment to the selected / appointed Designer / Creative.\n</p>\n<p> (b) no Submissions are made by any Designers / Creatives prior to the Deadline for One Designer / Creative Project(s) Submissions.\n</p>\n<p> (c) all the Submissions provided by the Designer / Creative do not meet the Concrete Requirements outlined in Client’s Brief as assessed by Us.\nor </p>\n<p> (d) all the Submissions do not meet DesignCrowd’s Minimum Design Standards as assessed by Us, </p>\n<p> and the Refund Request is made within 15 days after expiry of the Deadline for Approving the Work.\n</p> " created_at: - - &1 2018-08-20 08:04:01.907238031 Z updated_at: - - *1 service_id: - - 678

--- id: - - 308 name: - - Privacy Policy url: - - https://www.designcrowd.nl/modal/legal/PrivacyPolicy xpath: - - '' text: - - " Privacy Policy <ol>\n<li>User Agreement</li>\n<li>Special Terms and Conditions</li>\n<li>Rules for Paid/Commercial Projects</li>\n<li>Refund Policy</li>\n<li>Rules for Community Contests</li>\n<li>Designer / Client Contract</li>\n<li>Privacy Policy</li>\n</ol>\nPRIVACY POLICY\n<p> Last Updated 25 May 2018\n</p> Policy Summary\n<p> In order to provide you with goods and services and protect ourselves and others from malicious activity, DesignCrowd collects personal data from the users of its sites.\nThis information includes information our users give to us, information we collect as you use our sites as well as some information that is supplemented from third parties.\nDesignCrowd has implemented a number of measures to ensure your personal data remains safe when stored by us and when being transferred.\nYou may access your personal data, request a change or correction or request your data be deleted by contacting us via the channels described below.\nAll requests will be facilitated to the amount reasonable and possible without breaching our data retention obligations.\nYou can opt out of our direct marketing at any time by following the unsubscribe link from any of our marketing emails.\n</p>\n1 Introduction\n<p> DesignCrowd Pty Ltd ACN 127 272 315, and its related entities and brands, including BrandCrowd, (\"DesignCrowd\", \"we\", \"us\", \"our\") takes your privacy seriously.\nWe are subject to the Privacy Act 1988 (Cth) and will protect your personal data in accordance with the Australian Privacy Principles (\"APPs\").\nThe APPs govern how we collect and otherwise handle your personal data.\nThere are also international standards relating to personal data processing and use, such as the General Data Protection Regulation (GDPR), to which DesignCrowd adheres.\nWhere DesignCrowd is referenced either by name or by \"we\", \"us\", \"our\" in this policy it is intended to be inclusive of both DesignCrowd and BrandCrowd.\nThis Privacy Policy explains in general terms how we protect the privacy of your personal data and applies to any personal data that we collect from, or about, you.\nIt should be read along with all other DesignCrowd terms of services found here.\n</p>\n2 The Information We Collect and Hold\n<p> Personal data is any information that could directly or indirectly identify you.\nUnder the GDPR, ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’).\nan identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.\n</p>\tInformation you provide\n<p> You may provide us with personal data when you:\n</p>\n<ul>\n<li>(a) create an account with DesignCrowd.\nor</li>\n<li>(b) edit or add to personal data attached to your account details after your account has been created.\nor</li>\n<li>(c) indirectly create an account with DesignCrowd via one our partners.\nor</li>\n<li>(d) request or purchase goods or services from us.\nor</li>\n<li>(e) contact us by any method, such as telephone, email, post, facsimile or in person.\nor</li>\n<li>(f) correspond via our site, either with one of our staff or with another site user</li>\n</ul>\n<p>\n</p>\n<p> Personal data you provide that we store may include, but not be limited to.\nyour email address, your name, your country, your address, other contact details, your business name, your Designer profile picture and description, the last four digits of your credit card and your credit card expiry date.\nThere may be additional information deemed personal data provided by you in briefs, on blogs or in comments or in interactions with other site users or otherwise while using our site, which is stored in our databases.\nThis data may be monitored by us for trouble-shooting or maintenance purposes or if any form of abuse is suspected.\n</p> Information we collect\n<p> DesignCrowd will collect your Internet Protocol (IP) address in order to perform certain fraud checks as well as ensuring you are served the correct tax information while using our site.\nYour IP address helps us identify the relevant tax jurisdiction.\nTechnologies such as “cookies” are used to allow the website to function, to collect useful information about visitors and to help make your user experience better.\nCookies enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site.\nA cookie does not identify you personally, but it does identify your computer.\nYou can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject each instance.\nWe may allow some of our marketing or technology partners to utilise cookies on our website to collect non-personally identifying data to assist them, or DesignCrowd, in delivering services to you.\nWe also collect information about your usage of the site when you are logged in.\nThis will include which pages you visit, products or services that are ordered, payments that are made etc.\nThis activity data is stored in our databases.\n</p> Additional information provided by third parties\n<p> DesignCrowd does receive some information from third parties, which is appended to the supplied and collected data.\nIn order to use IP addresses effectively for fraud prevention purposes, location and other data related to the users IP address is received and stored.\nFurther, in order to gain an additional data point for fraud checks as well as ensuring our marketing and customer service interactions are well received by our Clients, we use third parties to append names to email addresses.\nThis allows us to match names for fraud and deliver appropriately addressed correspondence.\nWhen payments are processed by our payment processors, some information is provided back to DesignCrowd including a payment transaction reference number and any information relating to chargebacks and disputes.\nThis information is critical to DesignCrowd being able to accurately record all financial data and deal with Client queries and disputes.\n</p>\n3\tData Security\n<p> We take reasonable steps to protect the personal data we hold from misuse, interference or loss, and from unauthorised access, modification and disclosure.\nThe steps we take to protect personal data include:\n</p>\n<ul>\n<li>(a) encrypting information sent between you and us using Secure Sockets Layer protocol (SSL) and 128-bit encryption (the highest level of encryption commercially available).\nDesignCrowd's SSL certification is supplied by DigiCert (a US-based SSL Certificate Authority);</li>\n<li>(b) outsourcing transaction processing to reputable, secure, Payment Card Industry (PCI) compliant payment gateway providers (such as PayPal, Stripe, Skrill (Paysafe) and Payoneer).\nDesignCrowd does not store or handle complete credit card data.\nWe only store the last four digits and expiry date;</li>\n<li>(c) utilising a fully secured technology stack on Amazon Web Services technologies.\nDesignCrowd's databases are only accessible to certain IP addresses, locations and servers.\nIn addition, DesignCrowd has implemented parts of the SANS security guidelines for securing its database servers;</li>\n<li>(d) limiting access to users' personal data through secure login to the DesignCrowd website.</li>\n</ul>\n<p>\n</p>\n<p> Any breach of personal data will be promptly notified to our users and to authorities where relevant.\n</p>\n4\tData Storage and Transfer\n<p> DesignCrowd stores your personal data on servers located in numerous countries including the United States and Australia.\nWhen you visit our site you are agreeing to the transfer of data from the country you are in to DesignCrowd’s sites across the world including the United States and Australia.\n</p>\n5\tUse of Your Personal Data\n<p> Personal data and information collected by us may be used for the following purposes:\n</p>\n<ul>\n<li>(a) to create an account for you on DesignCrowd;</li>\n<li>(b) to process your requests for goods or services;</li>\n<li>(c) to notify you about Projects, designs, files, messages from other users, deadlines and payments:</li>\n<li>(d) to notify you of changes to our goods or services;</li>\n<li>(e) to send email or SMS notifications for special promotions or offers conducted by us, our suppliers or distributors;</li>\n<li>(f) to conduct marketing activities and to conduct market research;</li>\n<li>(g) to respond to your questions or suggestions;</li>\n<li>(h) to protect the security and integrity of the marketplace for all users and prevent fraudulent use of our services;</li>\n<li>(i) to improve the quality of our goods or service and the quality of your visit to the website;</li>\n<li>(j) to diagnose problems with our sites and services;</li>\n<li>(k) to provide informational materials to our communities, such as e-newsletters;</li>\n<li>(l) for data analytics, particularly supporting the purposes described above</li>\n</ul>\n<p>\n</p>\n<p> With regard to the list of uses above, where there is no legal or contractual need for using your personal data, it has been determined that they are legitimate interests pursued by DesignCrowd.\nPlease note.\nto stop receiving our marketing emails, please click on the link found at the bottom of each marketing email to update your account preferences.\n</p>\n6\tDisclosing Your Personal Data\n<p> We do not sell or rent your personal data to any other company, organisation or person.\nWe may disclose your personal data to:\n</p>\n<ul>\n<li>(a) third party Designers or Clients in connection with any works (including without limitation artwork and designs) created or requested by you (as applicable) as part of the DesignCrowd Service pursuant to separate terms and conditions entered into between you and us;</li>\n<li>(b) third parties that provide services to us, or functions on our behalf.\nDesignCrowd uses third parties to provide various services that may involve storing or processing your personal data.\nThese services include.\ndata storage, payment processing, email distribution, email validation, SMS distribution, IP lookup, data enrichment and customer and relationship management systems.\n</li>\n<li>(c) related companies in our corporate group and business partners for the purpose of providing services which have been requested by you;</li>\n<li>(d) information technology service providers responsible for our communication networks, software and system development and maintenance.</li>\n</ul>\n<p>\n</p>\n<p> In these situations, we prohibit the third-party from using personal data about you except for the specific purpose for which we supply it.\nIn addition, we will not disclose your personal data without your consent unless legally required to do so, including but not limited to:\n</p>\n<ul>\n<li>(a) lessening or preventing a serious threat to life or health;</li>\n<li>(b) protecting the personal safety of users of this website or the public;</li>\n<li>(c) if we have reason to suspect that unlawful activity has been, is being or may be engaged in;</li>\n<li>(d) to enforce the law or necessary to investigate a suspected unlawful activity.\nor</li>\n<li>(e) otherwise if authorised or required by law;</li>\n</ul>\n<p>\n</p>\n<p> In some circumstances, the entities to which we disclose personal data may be located outside Australia.\nFor instance, we may disclose personal data to our wholly owned subsidiary DesignCrowd LLC, which is located in the United States.\n</p>\n7\tAccess and Correction of Your Personal Data\n<p> The easiest way to access most of your personal data is via your DesignCrowd account.\nWe will, on request, provide you with access to the personal data we hold about you, unless there is an exception which applies under the APPs.\nIf we refuse to provide you with access to the information, we will provide you with reasons for the refusal.\nYou may request updates to your personal data, which we will endeavour to accommodate in ways that do not breach our legal record keeping requirements.\nThe easiest and quickest way to add, edit or update most of your personal data is to log into your DesignCrowd account and make the changes yourself.\nIf you wish to request a copy of your personal data, make edits to your personal data or request your personal data be deleted, please email your request to dataprotection@designcrowd.com.\nAll requests via this channel will be responded to or actioned within one month of receipt.\nPlease note.\nyou may opt out of direct marketing at any time by using the unsubscribe link at the foot of all DesignCrowd marketing emails.\n</p>\n8\tChange of Control\n<p> In future, DesignCrowd may sell, divest or otherwise change ownership of all or part of its business.\nThe data collected and stored by DesignCrowd could be a part of the assets involved in that change of control.\nIf any future change of ownership is likely to have a material impact on you, with regard to your personal data, then you will be notified of the impending change via email and/or a prominent notice on our site.\n</p>\n9\tChanges to this Privacy Policy\n<p> We may modify or amend this Privacy Policy as our business requirements or the law changes.\nAny changes to this Privacy Policy will be updated on the website and become effective when published, so please visit the website periodically to ensure that you have our most current privacy policy.\n</p>\n10\tContact Details\n<p> If you have any questions about our Privacy Policy, have a complaint about a breach of your privacy or if you have any query on how your personal data is collected or used, please email your request to dataprotection@designcrowd.com.\nIf you wish to request a copy of your personal data, make edits to your personal data or request your personal data be deleted, please email your request to dataprotection@designcrowd.com.\nAll requests via this channel will be responded to or actioned within one month of receipt.\nWe are not required to have a Data Protection Officer so any enquiries about our use of your personal data should be sent to the email address provided above.\nIf you wish to make a complaint about an alleged breach of the Privacy Act or other privacy regulations and legislation, we will ask you to send us your complaint in writing to either of the email address provided above.\nWe will respond to complaints within a reasonable period (usually 30 days).\nIf you are not satisfied with our response, you may make a complaint to the Office of the Australian Information Commissioner by phoning 1300 363 992 or by email at enquiries@oaic.gov.au.\n</p> " created_at: - - &1 2018-08-20 08:03:30.554861681 Z updated_at: - - *1 service_id: - - 678

--- id: - - 307 name: - - User Agreement url: - - https://www.designcrowd.nl/modal/legal/UserAgreement xpath: - - '' text: - - " User Agreement <ol>\n<li>User Agreement</li>\n<li>Special Terms and Conditions</li>\n<li>Rules for Paid/Commercial Projects</li>\n<li>Refund Policy</li>\n<li>Rules for Community Contests</li>\n<li>Designer / Client Contract</li>\n<li>Privacy Policy</li>\n</ol>\n<p> Please read these terms and conditions (“Common Terms of Use”) carefully, before using any of Our Websites.\n</p>\n<p> 1 Overview </p>\n<p> 1.1 Our Websites: These Common Terms of Use govern the use of the following websites: </p>\n<p> (a) www.designcrowd.com.\n</p>\n<p> (b) www.brandcrowd.com.\nand </p>\n<p> (c) any other website which We advise You we own and/or operate from time to time which allows users to buy and/or sell designs, and the subdomains and any replacement website of the websites listed above, which We notify to You (together, “Our Websites”).\n</p>\n<p> 1.2 Special Terms and Conditions: Each of Our Websites is also governed by their own set of “Special Terms and Conditions”, in addition to these Common Terms of Use.\nBefore using any of Our Websites, You should also carefully read the Special Terms and Conditions that apply to that website.\n</p>\n<p> 1.3 Inconsistency: If there is any inconsistency between these Common Terms of Use and the Special Terms and Conditions, then the provisions of the\tSpecial Terms and Conditions will prevail to the extent of the inconsistency.\n</p>\n<p> 2 Agreement </p>\n<p> 2.1 These Common Terms of Use and the Special Terms and Conditions for each of Our Websites together constitute this “Agreement”.\n</p>\n<p> 2.2 This Agreement is between you, the person or company using Our Services (\"You\", \"Your\"), and DesignCrowd Pty Ltd ACN 127 272 315 of 2 Hill Street, Surry Hills 2010 Australia (“DesignCrowd”, \"We\", \"Us\", or \"Our\").\nReferences in this Agreement to “You” or “Your” are references to You in the capacity of either a Designer / Creative or Client, or both (as relevant).\n</p>\n<p> 2.3 Your use of Our Services is subject to Your agreement to and compliance with the terms of this Agreement.\n</p>\n<p> 2.4 By registering on any of Our Websites and using any of Our Services You: </p>\n<p> (a) indicate Your acceptance of the terms of this Agreement.\nand </p>\n<p> (b) represent that You are at least eighteen (18) years old.\n</p>\n<p> 2.5 When registering to use Our Websites and Our Services, You must register yourself as either a “Designer / Creative” (which includes persons who have previously registered themselves as a “Designer”) or a “Client” (customer).\n</p>\n<p> 2.6 By registering on any one of Our Websites, You are also registering yourself on all of Our Websites.\n</p>\n<p> 3 Amendments to this Agreement </p>\n<p> 3.1 We may amend this Agreement (including Our Services) at any time, and will update the applicable part of this Agreement on Our Websites or may provide written notification to You in respect of such amendments.\nAll such amendments will be effective as of the date of publication of the updated applicable part of this Agreement on Our Websites.\n</p>\n<p> 3.2 Your continued use of Our Services, after such amendments are made in accordance with clause 2.1, shall be deemed to be acceptance of the amended terms.\n</p>\n<p> 4 Term </p>\n<p> 4.1 The “Term” of this Agreement commences on the date on which You register with Us on any of Our Websites, and continues until it is terminated by You or Us in accordance with this Agreement.\n</p>\n<p> 5 Our Services and Our Websites </p>\n<p> 5.1 A description of Our Services which we provide on Our Websites is available in the Special Terms and Conditions for each of Our Websites.\n</p>\n<p> 5.2 Designer / Creative acknowledges that We may make available for sale on any of Our Websites any of Your Content which You make available for sale on any one of Our Websites, unless You tell us You do not want Your Content to be made available for sale in this manner.\n</p>\n<p> 5.3 We reserve the right, at Our sole discretion, to do any of the following in respect of both Designers / Creatives and Clients: </p>\n<p> (a) to use or display any of Your Content on any of Our Websites.\n</p>\n<p> (b) to include (including after the termination of this Agreement) references to and/or use any of the Your Content, Your name(s) and/or profile pictures on any of Our Websites.\n</p>\n<p> (c) to refuse to provide any of Our Services to You, including if We believe (at Our discretion) Your Content is capable of breaching Your obligations under this Agreement.\n</p>\n<p> (d) to limit, suspend or terminate any of Our Services to You or remove any of Your Content.\n</p>\n<p> (e) to remove, block, not display and/or not store any of Your Content or any other information or materials at Our discretion, including that which We consider to be offensive or inappropriate, regardless of whether this material is unlawful.\nand </p>\n<p> (f) to cease providing any of Our Services to You in the event payment of Fees is not made in full and on time.\n</p>\n<p> 5.4 We may, but are under no obligation to moderate or monitor the use of Our Services and/or Our Website by Designers / Creatives and Clients, including any of Your Content.\n</p>\n<p> 6 Use of Our Services </p>\n<p> 6.1 Designer / Creative acknowledges that if You make available for sale any of Your Content on any of Our Websites, then: </p>\n<p> (a) You warrant that the same Your Content is not then available for sale on any other websites.\nand </p>\n<p> (b) You promise that You will not make the same Your Content available for sale on any other website for so long as it is available for sale on Our Websites.\n</p>\n<p> 6.2 Designers / Creatives and Clients must not (and must not permit others to) use Our Websites or any of Our Services to: </p>\n<p> (a) publish or provide any material that is defamatory, offensive, harassing, indecent, menacing, obscene or illegal.\n</p>\n<p> (b) engage in, or fail to engage in, any activity in a manner which will expose Us to any liability.\n</p>\n<p> (c) engage in misleading or deceptive conduct or fraud of any kind.\nand/or </p>\n<p> (d) publish or provide access to any content that is unsuitable for people under the age of eighteen (18) years old.\n</p>\n<p> 6.3 Designers / Creatives and Clients are responsible for ensuring that We have accurate and up-to-date contact information for You (as applicable), including your full name, postal address, telephone number and email address.\nWe can be contacted at DesignCrowd Pty Ltd ACN 127 272 315 of 2 Hill Street, Surry Hills 2010 Australia.\n</p>\n<p> 6.4 If We issue You, as either a Designer / Creative or a Client, with a password You must not reveal it to anyone else.\nYou must not use anyone else’s password.\n</p>\n<p> 6.5 Designers / Creatives and Clients must conduct virus scanning and other tests as may be necessary to ensure that any data that is uploaded from, or downloaded to, any of Our Websites does not contain any computer virus.\nYou are solely responsible for the backup of any files in connection with Our Services, including in respect of briefs, work(s), submissions and requirements.\n</p>\n<p> 6.6 Designers / Creatives and Clients undertake to ensure that any and all of Your Content: </p>\n<p> (a) does not infringe the Intellectual Property Rights or any other rights of any person and that all applicable royalties or licence fees have been paid to secure the use of that material.\n</p>\n<p> (b) is not obscene, illegal, offensive, upsetting, defamatory or in any way unsuitable for people under the age of eighteen (18) years old.\nand </p>\n<p> (c) does not comprise and cannot be used for any purpose or activity of an illegal, fraudulent or defamatory nature.\n</p>\n<p> 7 Fees (see our fees page) </p>\n<p> 7.1 Designers / Creatives and Clients must pay to Us the Fees and any other charges as contemplated by this Agreement or on Our Websites at the rates and/or in the manner specified and referred to in this Agreement or on Our Websites.\n</p>\n<p> 7.2 Designers / Creatives and Clients must notify Us as soon as possible in respect of any changes to Your billing and account information.\n</p>\n<p> 7.3 Under this Agreement, the payment processing services for goods and/or services purchased on one of Our Websites are provided by a third party engaged by DesignCrowd Pty.\nLtd on behalf of DesignCrowd LLC, or by DesignCrowd LLC directly, depending on the type of payment method used for the purchase of the goods and/or services.\nIn the event You choose to pay for the goods and/or services with credit card in USD and/or CAD, the payment will be processed via an American Acquirer (that is, a US-based financial institution), and these terms will constitute an agreement between You and DesignCrowd LLC.\nFor any other purchases, these terms constitute an agreement between You and DesignCrowd Pty.\nLtd.\nAll goods and/or services will be delivered by DesignCrowd Pty.\nLtd.\n</p>\n<p> 7.4 The Fees are exclusive of GST, VAT and other similar taxes (where applicable).\nWithout limiting the foregoing, Designers / Creatives and Clients shall be liable for any taxes, duties or charges imposed in respect of Our Services (other than taxes imposed on Our income).\nFor the avoidance of doubt, if the effect of any tax, duty or charge applied to the Fees is to reduce the Our revenue under this Agreement, the Fees will be grossed up such that Our revenue under this Agreement is not reduced.\n</p>\n<p> 7.5 All payments must be made in Australian dollars, US dollars, Canadian Dollars, New Zealand Dollars, Singaporean Dollars, British Pounds or Euros.\n</p>\n<p> 7.6 Where we are required to make a payment to You, either as a Designer / Creative or a Client, following the receipt by Us of Fees received from another user of Our Services, You acknowledge that: </p>\n<p> (a) We may first seek to verify the legitimacy of any payments We received from the other user.\n</p>\n<p> (b) if, in Our reasonable opinion, We believe such payments are not legitimate (including, for example, payments made by the unauthorised use of a credit card), then We can retain and deal with such payments in our Own discretion.\nand </p>\n<p> (c) the relevant transaction under which the illegitimate payment was received by Us will be deemed to be void, and We will not be required to make any payment to You as a result (but may, in Our discretion, make a payment to You equal to the whole or part of the amount which would have otherwise been due to You, depending on how we deal with the illegitimate payment).\n</p>\n<p> 8 Intellectual Property Rights </p>\n<p> 8.1 Save in respect of Your Content, You acknowledge and agree that all right, title and interest in and to Our Websites and Our Services (including in respect of the software and technology underlying the Our Websites, any documentation or content provided with Our Services, and any know-how, trade marks or service marks of Ours) (\"Our Intellectual Property Rights\") are vested in Us or in Our licensors or suppliers.\n</p>\n<p> 8.2 For the avoidance of doubt, nothing in this Agreement shall be construed as granting You any right, title and interest in and to any of Our Intellectual Property Rights or any other Intellectual Property Rights owned or controlled by Us.\n</p>\n<p> 9 Privacy </p>\n<p> 9.1 All of the personal information We collect from You is subject to Our privacy policy, a copy of which is accessible here.\n</p>\n<p> 10 Acknowledgements and Warranties </p>\n<p> 10.1 You warrant and represent that: </p>\n<p> (a) You are solely liable and responsible for Your Content.\n</p>\n<p> (b) You are at least eighteen (18) years old.\n</p>\n<p> (c) You have the right, power and authority to enter into this Agreement and grant the rights granted in this Agreement (as applicable).\n</p>\n<p> (d) You shall comply with all applicable laws in Your performance of Your rights and obligations under this Agreement.\n</p>\n<p> (e) None of Your Content infringes the Intellectual Property Rights or any other rights of any person.\n</p>\n<p> (f) Your Content is not the subject of any claim, demand, action or legal proceeding or to Your knowledge any potential or pending claim, demand, action or proceeding.\n</p>\n<p> (g) You will use your full and correct name in creating Your profile and when using Our Websites (for example, when submitting brief(s), quotes and work(s)).\n</p>\n<p> (h) Your Content does not contain material that is obscene, illegal, offensive, upsetting, defamatory or in any way unsuitable for people under the age of eighteen (18) years old.\nand </p>\n<p> (i) You are solely responsible for any third party payments or royalties payable in respect of Your Content.\n</p>\n<p> 10.2 We warrant and represent that: </p>\n<p> (a) We have the right, power and authority to enter into this Agreement.\nand </p>\n<p> (b) We shall comply with all applicable laws in Our performance of Our rights and obligations under this Agreement.\n</p>\n<p> 11 Liability </p>\n<p> 11.1 Our Services and Our Websites are provided “as is” and all guarantees, conditions and warranties expressed, implied or imposed by any legislation, the common law, or otherwise in relation to the supply of Our Services, Our Websites or otherwise in connection with Our obligations under this Agreement are expressly excluded and disclaimed to the fullest extent permitted by law, except where such exclusion is prohibited by law.\n</p>\n<p> 11.2 Without limiting clause 11.1, We make no warranty or representation that: </p>\n<p> (a) Our Services, Our Websites or any content made available on such will meet Your requirements or expectations.\n</p>\n<p> (b) the use of Our Services, Our Websites or any content made available on such will be uninterrupted, timely, secure, error free or virus free, or unable to be accessed by hackers, viruses or other harmful components.\n</p>\n<p> (c) that results that may be obtained from the use of Our Services, Our Websites or any content made available on such will be accurate or reliable.\nand </p>\n<p> (d) any errors in Our Services, Our Websites or any content made available on such will be corrected.\n</p>\n<p> 11.3 Except as otherwise expressly specified in this Agreement, Our liability for any breach of any statutory guarantee or any condition, warranty or other obligation which is implied or imposed by law which cannot be excluded by agreement, shall not exceed, if permitted by law, at Our option: </p>\n<p> (a) in the case of the supply of goods: (i) the replacement of the goods or the supply of equivalent goods.\nor (ii) the repair of the goods.\nor (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods.\nor (iv) the payment of the cost of having the goods repaired.\nor </p>\n<p> (b) in the case of the supply of services: (i) the supply of the services again.\nor (ii) the payment of the cost of having the services supplied again.\n</p>\n<p> For the avoidance of doubt, nothing in this Agreement shall operate to exclude or restrict a party’s liability where such exclusion or restriction is prohibited by law.\n</p>\n<p> 11.4 To the maximum extent permitted by law, in relation to Our Services and the subject matter of this Agreement in no event shall We or Our employees, officers, representatives and directors be liable for any loss of profits, management time, savings, contracts, revenue, interest, goodwill, data, or for any penalties, fines, or for any consequential, special, indirect, or exemplary damages, costs, expenses, or losses (including negligence).\n</p>\n<p> 11.5 To the maximum extent permitted by law, You agree that We, Our employees, officers, representatives and directors shall not be liable to You for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or relating to this Agreement (whether that liability arises in contract, tort (including negligence) or statute) which are not otherwise excluded or limited for an aggregate amount in excess of the sum of the applicable Fees in respect of the transaction or project that gave rise to the relevant loss.\n</p>\n<p> 12 Indemnity </p>\n<p> 12.1 You indemnify and hold Us (and Our directors and employees), harmless against all loss, damage, liability, costs and expenses (including legal costs) suffered or incurred by Us: </p>\n<p> (a) in respect of any claim or demand made by any person in connection with any of Your Content (as applicable) (including from a person’s use of Your Content).\n</p>\n<p> (b) in respect of any claim or demand made by any person in connection with Your use of any content obtained through Our Services.\n</p>\n<p> (c) in respect of any claim that any of Your Content (as applicable) infringes the Intellectual Property Rights of any person.\nand/or </p>\n<p> (d) in respect of Your (or any person claiming through You) use of the Our Services or Our Website or resulting from a breach of this Agreement by You and/or the violation by You of any law.\n</p>\n<p> 13 Suspension or termination </p>\n<p> 13.1 Without limiting any other rights of termination under this Agreement and subject to clauses 13.5 and 13.6, You may close Your account with Us and terminate this Agreement at any time and for any reason on written notice to Us.\n</p>\n<p> 13.2 Without limiting any other rights of termination under this Agreement and subject to clauses 13.5 and 13.6, We may close Your account with Us and terminate this Agreement at any time and for any reason on written notice to You.\n</p>\n<p> 13.3 In addition to any other rights of suspension or termination under this Agreement, from time to time during the Term We may, without notice to You, suspend, disconnect or deny You access to any of Our Services if You fail to comply with any of Your obligations under this Agreement until the breach (if capable of remedy) is cured to Our satisfaction.\nIf You breach the terms of this Agreement, We reserve the right not to make any payment to You, which You may otherwise be entitled to under this Agreement.\n</p>\n<p> 13.4 Any amounts paid to Us up to and including the date of termination will not be refundable.\n</p>\n<p> 13.5 If this Agreement is terminated You must immediately pay to Us all outstanding amounts owing to Us under this Agreement as at the date of termination.\n</p>\n<p> 13.6 Termination of this Agreement will not extinguish or otherwise affect any accrued rights or remedies of either party.\nThe following clauses continue to apply after termination: Clauses 5.3, 6, 8 to 17 (inclusive).\n</p>\n<p> 13.7 If Your account on one of Our Websites is closed then we may close Your account on the other of Our Websites.\n</p>\n<p> 14 Confidentiality </p>\n<p> 14.1 A party shall not, without the prior written approval of the other party, disclose the other party’s Confidential Information.\nA party shall not be in breach of this Agreement in circumstances where it is legally compelled to disclose the other party’s Confidential Information.\n</p>\n<p> 14.2 Each party shall take all reasonable steps to ensure that its employees and agents do not disclose the other party’s Confidential Information.\n</p>\n<p> 14.3 The parties may disclose the other party’s Confidential Information: </p>\n<p> (a) to its related companies, solicitors, auditors, insurers and accountants who require information for the purpose of this Agreement.\nor </p>\n<p> (b) if required to disclose the information by law or the rules of any Stock Exchange.\n</p>\n<p> 15 Governing law and dispute resolution </p>\n<p> 15.1 This Agreement is governed by the laws of New South Wales Australia and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.\n</p>\n<p> 15.2 A party must not commence any arbitration or court proceedings relating to a dispute unless it has complied with the provisions of this clause, except where a party seeks urgent injunctive relief.\n</p>\n<p> 15.3 If there is a dispute arising out of or in connection with this Agreement, then: </p>\n<p> (a) the party raising the dispute must first notify the other party in writing of the dispute, and provide sufficient detail to enable the dispute to be considered.\n</p>\n<p> (b) the parties must discuss or enter into correspondence about the dispute and attempt to resolve it.\nand </p>\n<p> (c) if the dispute is not resolved within 14 days of when the dispute was first notified, then the dispute is to be resolved in accordance with clauses 15.4 and 15.5.\n</p>\n<p> 15.4 If You are an Australian resident or a company incorporated in Australia, then any dispute or difference arising out of or in connection with this Agreement shall be submitted to arbitration in accordance with, and subject to, the Institute of Arbitrators and Mediators Australia Fast Track Arbitration Rules.\n</p>\n<p> 15.5 If You are not an Australian resident or a company incorporated outside of Australia, then: </p>\n<p> (a) the dispute will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “Rules”) by one arbitrator appointed in accordance with the Rules.\n</p>\n<p> (b) the arbitration will be conducted under the law governing this Agreement as set out in clause 15.1.\n</p>\n<p> (c) the place of arbitration will be Sydney, Australia.\n</p>\n<p> (d) the language of the arbitration will be English.\nand </p>\n<p> (e) any judgment or award rendered by the arbitrator may be entered in any court having jurisdiction to do so including the enforcement of any arbitration award in accordance with the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.\n</p>\n<p> 16 General </p>\n<p> 16.1 You must not assign this Agreement without Our prior written consent.\n</p>\n<p> 16.2 We may assign, novate or otherwise deal with this Agreement, or any rights or obligations under this Agreement, at any time without Your consent by transfer to a third party.\nTo the extent that You are required to give your consent to such an assignment, novation or other dealing, You hereby give your consent.\n</p>\n<p> 16.3 All notices must be in writing and addressed to the relevant party at the address as provided pursuant to this Agreement.\n</p>\n<p> 16.4 Each party must take all steps as may be reasonably required by the other party to give effect to the terms of this Agreement and transactions contemplated by this Agreement.\n</p>\n<p> 16.5 This Agreement contains the entire agreement between the parties with respect to its subject matter.\n</p>\n<p> 16.6 Each party acknowledges that in entering into this Agreement it has not relied on any representation or warranties about its subject matter except as provided in this Agreement.\n</p>\n<p> 16.7 No delay, neglect or forbearance on the part of any party in enforcing against any other party any obligation under this Agreement will operate as a waiver or in any way prejudice any right under this Agreement.\n</p>\n<p> 16.8 If any provision of this Agreement is held to be invalid, illegal or unenforceable, this Agreement will continue otherwise in full force and effect apart from such provision which will be taken to be deleted.\n</p>\n<p> 17 Definitions and interpretation </p>\n<p> 17.1 Definitions In this Agreement, unless the context otherwise requires: </p>\n<p> “Agreement” has the meaning given in clause 2.1.\n</p>\n<p> \"Client\" means a person or entity that registers with Us as a \"Client\" in accordance with Our registration procedure.\n</p>\n<p> \"Confidential Information\" means the confidential information of a party which relates to the subject matter of this Agreement which is not already in the public domain through no breach by the recipient of its obligations of confidentiality owed to the discloser.\n</p>\n<p> “Designer / Creative” means a person or entity that registers with Us as a \"Designer / Creative\", or who has previously registered with Us as a “Designer”, in accordance with Our registration procedure.\n</p>\n<p> \"Fees\" means the fees payable for using Our Services, as set out on Our Websites, as amended from time to time.\n</p>\n<p> \"GST\" means applicable goods and services tax or any similar tax.\n</p>\n<p> \"Intellectual Property Rights\" means all industrial and intellectual property rights including, but not limited to, copyright, trade marks, patents, circuit layouts, artwork, designs and confidential information and know how.\n</p>\n<p> “Our Intellectual Property Rights” has the meaning given in clause 8.1.\n</p>\n<p> ”Our Services” means the service provided by Us pursuant to this Agreement, and through Our Websites, as described in clause 5.1.\n</p>\n<p> ”Our Websites” has the meaning given in clause 1.1.\n</p>\n<p> \"Term\" means the duration of this Agreement, as specified in clause 4.\nand </p>\n<p> \"Your Content\" means all content and materials uploaded, provided or submitted by You or on Your behalf to Our Website or otherwise in connection with Our Services, including any logos, designs, images, documentation, written and/or audio-visual content, music, recordings, photographs, illustrations, information or specifications.\n</p>\n<p> 17.2 Interpretation </p>\n<p> The following rules of interpretation apply to this Agreement unless the context requires otherwise: </p>\n<p> (a) headings are for convenience only and do not affect interpretation.\n</p>\n<p> (b) the singular includes the plural and conversely.\n</p>\n<p> (c) a gender includes all genders.\n</p>\n<p> (d) where a word or phrase is defined its other grammatical forms have a corresponding meaning.\n</p>\n<p> (e) the words \"such as\", \"including\", \"particularly\" and similar expressions are not used as nor are intended to be interpreted as words of limitation.\n</p>\n<p> (f) a reference to a person includes a body corporate, an unincorporated body or other entity and conversely.\n</p>\n<p> (g) a reference to a clause or schedule is to a clause or schedule to this Agreement.\n</p>\n<p> (h) a reference to any party to this Agreement or any other agreement or document includes the party's successors and assigns.\n</p>\n<p> (i) a reference to any agreement or document is to that agreement or document as amended, novated, supplemented, varied or replaced from time to time, where applicable, in accordance with this Agreement or that other agreement or document.\n</p>\n<p> (j) a reference to any legislation or to any provision of any legislation includes any modification or re-enactment of it, any legislative provision substituted for it and all regulations and statutory instruments issued under it.\nand </p>\n<p> (k) a reference to conduct includes any omissions, statement or undertaking, whether or not in writing.\n</p> " created_at: - - &1 2018-08-20 08:02:54.987915964 Z updated_at: - - *1 service_id: - - 678

--- url: - designcrowd.com - designcrowd.com,www.designcrowd.com,www.designcrowd.nl updated_at: - 2018-08-13 08:38:36.900251000 Z - 2018-08-20 08:01:22.148855201 Z

--- status: - pending - declined updated_at: - 2018-08-14 02:27:07.945867000 Z - 2018-08-20 07:59:35.574228019 Z

--- status: - pending - approved updated_at: - 2018-08-17 01:55:46.004813000 Z - 2018-08-20 07:52:12.782696271 Z

--- id: - - 306 name: - - Terms url: - - https://discordapp.com/terms xpath: - - '' created_at: - - &1 2018-08-20 07:39:55.282079329 Z updated_at: - - *1 service_id: - - 536

--- status: - pending - approved updated_at: - 2018-08-20 07:37:18.582054000 Z - 2018-08-20 07:38:08.819545553 Z

--- document_id: - - 215 quoteText: - - |- We claim no ownership rights over User Content created by you. The User Content you create remains yours. however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with this Agreement (see “User Content License Grants” below). source: - https://www.wikihow.com/wikiHow:Terms-of-Use#User_Content - http://www.wikihow.com/wikiHow:Terms-of-Use quoteStart: - - 12815 quoteEnd: - - 13123 updated_at: - 2018-08-17 02:07:17.108290000 Z - 2018-08-20 07:37:18.582054570 Z

--- status: - pending - approved updated_at: - 2018-08-17 01:50:14.465784000 Z - 2018-08-20 07:35:58.259664378 Z

--- id: - - 4513 user_id: - - 690 title: - - You maintain ownership of your data source: - - https://www.wikihow.com/wikiHow:Terms-of-Use#User_Content status: - - pending analysis: - - In the terms of service, the service states "We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with this Agreement", which states that the company takes no ownership for any content posted by you. However, it grants other users the rights to view, modify, or share your created content created_at: - - &1 2018-08-17 02:07:17.108290736 Z updated_at: - - *1 service_id: - - 315 case_id: - - 183

--- id: - - 4512 user_id: - - 690 title: - - The service can delete your account without prior notice and without a reason source: - - https://discordapp.com/terms#rights-to-use-the-service status: - - pending analysis: - - Under the section 'Rights to Use the Service', the terms state "The Company reserves the right to refuse any user access to the Services without notice for any reason, including but not limited to a violation of the Terms", meaning that it can prevent you from using the service for reasons not enforced by the terms, and without stating such a reason. created_at: - - &1 2018-08-17 01:55:46.004813100 Z updated_at: - - *1 service_id: - - 536 case_id: - - 201