Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by WSI Connect, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- By submitting Content to WSI Connect for inclusion on your Website, you grant WSI Connect a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, WSI Connect will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, WSI Connect has the right (though not the obligation) to, in WSI Connect’s sole discretion (i) refuse or remove any content that, in WSI Connect’s reasonable opinion, violates any Automattic policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in WSI Connect’s sole discretion. WSI Connect will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Website Visitors. WSI Connect has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, WSI Connect does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. WSI Connect disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- 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 WSI Connect links, and that link to WSI Connect. WSI Connect does not have any control over those non-WSI Connect websites and webpages, and is not responsible for their contents or their use. By linking to a non-WSI Connect website or webpage, WSI Connect does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. WSI Connect disclaims any responsibility for any harm resulting from your use of non-WordPress websites and webpages.
- Copyright Infringement and DMCA Policy. As WSI Connect 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 WSI Connect violates your copyright, you are encouraged to notify WSI Connect. WSI Connect will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. WSI Connect 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 WSI Connect or others. In the case of such termination, WSI Connect will have no obligation to provide a refund of any amounts previously paid to WSI Connect.
- Intellectual Property. This Agreement does not transfer from WSI Connect to you any WSI Connect or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with WSI Connect, and all other trademarks, service marks, graphics and logos used in connection with WSI Connect, or the Website are trademarks or registered trademarks of WSI Connect or WSI Connect’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any WSI Connect or third-party trademarks.
- Changes. WSI Connect reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. WSI Connect may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Disclaimer of Warranties. The Website is provided “as is”. WSI Connect 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 WSI Connect nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event willWSI Connect, 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 WSI Connect under this agreement during the twelve (12) month period prior to the cause of action. WSI Connect 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.
- Indemnification. You agree to indemnify and hold harmless WSI Connect, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between WSI Connect and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of WSI Connect, or by the posting by WSI Connect of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. 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 San Francisco, California, 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; 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.
July 7, 2009: Added “not pornographic” to paragraph 2 “Responsibility of Contributors”.
December 18, 2010: Added automatic renewal section to paragraph 3 “Payment and Renewal”.
February 1, 2011: Clarified procedure regarding termination of repeat infringers in paragraph 7.
April 27, 2011: Added “Advertisements” paragraph to clarify our ad policy (http://en.support.wordpress.com/advertising/).
May 17, 2011: Added “Friends of WordPress.com Themes” paragraph.
September 9, 2011: Added “Domain Names” paragraph.
October 17, 2011: Added “Firehose” paragraph.
March 6, 2012: Clarified definition of Website with addition of “Jetpack by WordPress.com”.
April 6, 2012: Added “Attribution” paragraph to clarify our attribution policy.
November 12, 2012: Replaced VIP Services terms and conditions with cross references to VIP Hosting/Support and VIP Support services terms and conditions, located at vip.wordpress.com; removed “towards individuals or entities” from prohibition against threats of violence in Section 2.