The gist: Terms of Service are modified from WordPress.com’s website.
If you do not agree to all terms, you may not use this web site.
Terms of Service: The following terms and conditions govern all use of the ATMindPark website and all its content, services, and products available at or through the website, (taken together, our Services). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ATMindPark’s Privacy Policy) and procedures that may be published from time to time by ATMindPark and/or Automattic (collectively, the “Agreement”). Our Terms of Use must necessarily fall within the Terms of Use of our internet host(s), though ours may be more restrictive. For example, our posters must be legal adults, fully competent to enter into contracts. You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Your agreement is with ATMindPark.org (“we”).
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by ATMindPark, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 18, and access and use of our Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
No warrantee of fitness for use or correct suitability for any particular application or purpose is made for any material posted; please, refer to your local, and trusted, professionals to resolve any particular questions.
1. WordPress.com.
- Your Account. If you post to a blog or website on WordPress.com, you are responsible for maintaining the security of your account and blog use, and you are fully responsible for all activities that occur under any account and any other actions taken in connection with the blog. You must notify ATMindPark and Automattic immediately of any unauthorized uses of our blog, your account, or any other breaches of security. ATMindPark or Automattic will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. –
- Responsibility of Contributors. If you contribute to a blog, comment on a blog, post material to ATMindPark, post links on ATMindPark, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using ATMindPark you represent and warrant that your Content and conduct do not violate these terms or the ATMindPark Poster’s Guidelines (below). All posts or parts of posts not already copyrighted elsewhere are deemed copyrighted by their originator, and subject to the following terms: By submitting Content to ATMindPark for inclusion on our website, you warrant you are acting as legal agent for the post, and have legal authority to do so. You grant ATMindPark a world-wide, royalty-free, and non-exclusive perpetual license to reproduce, modify, adapt and publish the Content solely for any purpose in any form of media now known or or to be invented. This license allows ATMindPark to make publicly-posted content available to third parties selected by ATMindPark (through the Automattic Firehose, for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services. [Added: All licenses and rights to licenses granted under or pursuant to this Agreement by one Party to the other Party are intended to be, for purposes of section 365(n) of the US Bankruptcy Code (the Code), and any such equivalent law in the United States or any other country, licenses of rights to “intellectual property” as defined under section 101(35A) of the Code. The Parties agree that the non-bankrupt Party, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the Code and any such equivalent law. The foregoing is without prejudice to any rights that the non-bankrupt Party may have arising under the Code or other applicable law. Upon commencement of a bankruptcy proceeding by or against the other Party under the Code, the non-bankrupt Party shall be entitled to a complete duplicate of or complete access to any such intellectual property and all embodiments of such intellectual property. Such intellectual property and all embodiments thereof shall be promptly delivered to the non-bankrupt Party (i) upon any such commencement of a bankruptcy proceeding upon written request therefor by the non-bankrupt party, unless the bankrupt Party (or the bankruptcy trustee) elects to continue to perform all of its obligations under this Agreement or (ii) if not delivered under (i) above, upon the rejection of this Agreement by or on behalf of the non-bankrupt Party upon written request therefor.] You give WordPress.com users permission to share your Content on other WordPress.com websites and add their own Content to it (aka to reblog your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your website (the reblogging function on WordPress.com does this automatically!). If you delete Content, ATMindPark will use Automattic as its reasonable efforts to remove it from ATMindPark, but you acknowledge that caching or references to the Content may not be made immediately unavailable.Without limiting any of those representations or warranties, ATMindPark has the right (though not the obligation) to, in ATMindPark’s sole discretion, (i) refuse or remove any content that, in ATMindPark’s reasonable opinion, violates any ATMindPark policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of ATMindPark to any individual or entity for any reason. ATMindPark will have no obligation to provide an explanation.
- Advertisements. ATMindPark reserves the right to display advertisements on our blog. (See Poster’s Guidelines below).
• Attribution. ATMindPark reserves the right to display attribution links such as ‘Blog at WordPress.com,’ theme author, and font attribution in our blog footer or toolbar. Footer credits and the WordPress.com toolbar may not be altered or removed regardless of upgrades purchased. (See Names)
• Payment and Renewal. [[Omitted from Launch ToS]]
◦ General Terms. [[Omitted from Launch ToS]]
◦ Automatic Renewal. [[Omitted from Launch ToS]]
◦ VIP Service. [[Omitted from Launch ToS]]
2. VaultPress [[Omitted from Launch ToS]]
• Prohibited Uses. When posting, you agree not to:
◦ Publish material or engage in activity that is illegal under applicable law.
◦ Post to overburden Automattic’s systems, as determined by us in our sole discretion.
◦ Disclose the sensitive personal information of others.
◦ Send spam or bulk unsolicited messages.
◦ Interfere with, disrupt, or attack any service or network.
◦ Distribute material that is or enables malware, spyware, adware, or other malicious code.
3. Firehose. [[Omitted from Launch ToS, though our use of it will considered, p.r.n.]]
4. Responsibility of Visitors. ATMindPark has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, ATMindPark does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ATMindPark disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ATMindPark links, and that link to ATMindPark. ATMindPark does not have any control over those websites, and is not responsible for their contents or their use. By linking to a non-ATMindPark website, ATMindPark does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ATMindPark disclaims any responsibility for any harm resulting from your use of both ATMindPark or any linked non-ATMindPark websites and webpages.
6. Copyright Infringement and DMCA Policy. As ATMindPark asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ATMindPark violates your copyright, you are encouraged to notify ATMindPark in accordance with Automattic’s Digital Millennium Copyright Act (“DMCA”) Policy. ATMindPark and Automattic will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ATMindPark and/or Automattic will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ATMindPark, or Automattic, or others. In the case of such termination, Automattic will have no obligation to provide a refund of any amounts previously paid to ATMindPark and/or Automattic. We conform to Fair Use policies, and DMCA policy to take down copyrighted material, when brought to our attention, in writing, following DMCA guidelines, following reasonable judgement, when correct form of notice is mailed through the U S mail to:
A T Park
P O Box 2256
Pasadena, CA 91102
7. Intellectual Property.This Agreement does not transfer from ATMindPark or Automattic to you any ATMindPark, Automattic, or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with ATMindPark, or Automattic. Automattic, WordPress, WordPress.com, the WordPress.com logo, and all other trademarks, service marks, graphics and logos used in connection with WordPress.com or our Services, are trademarks or registered trademarks of Automattic or Automattic’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Automattic or third-party trademarks.
8. Domain Names. [Omitted from Launch ToS]
9. Google Apps. If you purchase a Google Apps subscription, this section applies. Google Apps are provided by Google, and your use of Google Apps is subject to Google’s Terms of Use for the services, which you’ll accept prior to using Google Apps for the first time. Automattic is an authorized reseller of Google Apps, makes no warranties about the services provided by Google, and disclaims Google’s liability for any damages arising from our distribution and resale of their services. Google will provide technical support for its services, per its Technical Support Services Guidelines. If you’re a business and purchase Google Apps for your WordPress.com website, you represent that you have 749 or fewer staff members.
10. Changes. We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our blog. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
11. Termination. ATMindPark or Automattic may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, or your WordPress.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties.Our Services are provided “as is.” ATMindPark and Automattic and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ATMindPark nor Automattic nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
13. Limitation of Liability.In no event will ATMindPark or Automattic, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ATMindPark or Automattic, respectively, under this agreement during the twelve (12) month period prior to the cause of action. ATMindPark and Automattic shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. General Representation and Warranty.You represent and warrant that (i) your use of our Services will be in strict accordance with the ATMindPark Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
15. US Economic Sanctions. You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and ATMindPark and/or Automattic reserve the right to terminate accounts or access of those in the event of a breach of this condition.
16. Indemnification. You agree to indemnify and hold harmless ATMindPark, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
17. Translation. These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
18. Miscellaneous. This Agreement constitutes the entire agreement between ATMindPark and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ATMindPark, or by the posting by ATMindPark or Automattic of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County for ATMindPark, or San Francisco County, California for Automattic. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, for ATMindPark, or in San Francisco, California, for Automattic, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ATMindPark and/or Automattic may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.