Terms of Service - MyPaint Community

Human Readible Version

This is the human readible version of our Terms of Service between you and the MyPaint Community Team:

You are responsible for all activity under your account including security, and must notify the MyPaint Communtity team of any unauthorized breaches of your account.
For all content you post on our website, you must either own the content or have permission to post by the thrid party who owns it. You must not post content that will compromise the security of other users. You must also not post content that violate the MyPaint Community Team’s Code of Conduct
As owners of the content, you grant the community.mypaint.org and it’s users the right to adapt your content for use of the Community Forums and be able to link-share your content to third party services with the exception of content that is privately sent between users. The MyPaint Community team dose have the right however, to remove the public content if they see fit.
The MyPaint Community team can distribute content to be used in the MyPaint project as long as it abides by our Licensing Policy.
The MyPaint Community cannot verify, review, and endorse that all content on our Community Forums are Safe. Please excersise caution when downloading, or viewing content from our Community Forums.
We do respond to Copyright Infringement and DMCA taken down requests.
Please respect the MyPaint Community teams Trademarks if any.
The MyPaint Community team reserves the right to add attributions to any part of our Community Forums.
The MyPaint Community team can change any part of this TOS. It is your responsibility to keep up with the changes.
The MyPaint Community can terminate your access to the site anytime. You may also terminate your account as well with by simply not user our Community Forums.
The MyPaint Community Forums are provided “as is” and claim no warranties. Use at your own risk. The MyPaint Community team and it’s third parties are not liable for any damages or costs you may have happened due to using this site.
Your use of the Website will be strict accordance with our Privacy Policy, Community Guidelines, Code of Conduct, and your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless the MyPaint Community team and it third parties from any claims and expenses from your use of the Community Forums.
This Agreement is governed by federal law of the United States of America. All injunctions must be process by a federal court in the State of New York, USA since our main server is in New York.

For a more Detailed explanation please read the Full Terms of Service Agreement Below.

Full Terms of Service Agreement

The following terms and conditions govern all use of the community.mypaint.org website and all content, services and products available at or through the website, including, but not limited to, community.mypaint.org Forum Software, community.mypaint.org Support Forums and the community.mypaint.org Hosting service (“Hosting”), (taken together, the Website). The Website is owned and operated by the MyPaint Development Team and its designated Community Managers (“the MyPaint Community team”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, community.mypaint.org’s Privacy Policy, Community Guidelines, and Code of Conduct and procedures that may be published from time to time on this Site by the MyPaint Community team (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by the MyPaint Community team, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 11 years old.

1. Your community.mypaint.org Account

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify the MyPaint Community team of any unauthorized uses of your account or any other breaches of security. The MyPaint Community team 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.

2. Responsibility of Contributors

If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
your content does not violate the MyPaint Community team’s Code of Conduct, which contributors of the MyPaint Community team must abide by;
your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by the MyPaint Community team or otherwise.

3. User Content License

You grant the MyPaint Communtiy team’s Website and its users a non-exclusive, royalty-free, worldwide limited license to use, store, display, reproduce, modify, perform, and translate your Contributed Content solely for the purposes of operating, developing, providing, and using the MyPaint Communtiy team’s Website. This includes without limitation distributing part or all of the MyPaint Communtiy team’s Website in any media formats through any media channels, except Content not shared publicly (“private”) will not be distributed outside the MyPaint Communtiy team’s Website. Without limiting any of those representations or warranties, the MyPaint Community team has the right (though not the obligation) to, in the MyPaint Community team’s sole discretion (i) refuse or remove any content that, in the MyPaint Community team’s reasonable opinion, violates any the MyPaint Community team policies 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 the MyPaint Community team’s sole discretion. The MyPaint Community team will have no obligation to provide a refund of any amounts previously paid. Following termination or deactivation of your account, or if you remove any User Content from community.mypaint.org, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes.

4. Distribution

The MyPaint Community team and others may redistribute user contributions with the MyPaint team’s open source software, its website, and on third party websites and media, but only if you explicitly grant additional Creative Commons licensing to all parties that abides by the MyPaint Licensing Policy. By doing so, you acknowledge as the copyright holder that all parties receiving your content under both licenses may use and redistribute it under the terms of whichever of the two licenses they choose, and only that license. The MyPaint Community team reserves the right to not redistribute user contributions even if the content meets the above requirements.

5. Responsibility of Website Visitors

The MyPaint Community team 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, the MyPaint Community team 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. The MyPaint Community team disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

6. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which community.mypaint.org links, and that link to community.mypaint.org. the MyPaint Community team does not have any control over those non-community.mypaint.org websites and webpages, and is not responsible for their contents or their use. By linking to a non-community.mypaint.org website or webpage, the MyPaint Community team 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. The MyPaint Community team disclaims any responsibility for any harm resulting from your use of non-community.mypaint.org websites and webpages.

7. Copyright Infringement and DMCA Policy

As the MyPaint Community team 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 community.mypaint.org violates your copyright, and since this website resides in the USA, you are encouraged to notify the MyPaint Community team in accordance with the MyPaint Community team’s Digital Millennium Copyright Act (“DMCA”) Policy. The MyPaint Community team will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. the MyPaint Community team 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 the MyPaint Community team or others. In the case of such termination, the MyPaint Community team will have no obligation to provide a refund of any amounts previously paid to the MyPaint Community team.

8. Intellectual Property

This Agreement does not transfer from the MyPaint Community team to you any the MyPaint Community team or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the MyPaint Community team. The MyPaint Community team, community.mypaint.org, the community.mypaint.org logo, and all other trademarks, service marks, graphics and logos used in connection with community.mypaint.org, or the Website are trademarks or registered trademarks of the MyPaint Community team or the MyPaint Community team’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 the MyPaint Community team or third-party trademarks.

9. Attribution

The MyPaint Community team reserves the right to display attribution links such as ‘Powered by community.mypaint.org,’ theme author, and font attribution in your content footer or toolbar. Footer credits and the community.mypaint.org toolbar may not be removed regardless of upgrades purchased.

10. Changes

The MyPaint Community team 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. The MyPaint Community team 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.

11. Termination

The MyPaint Community team may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your community.mypaint.org account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Disclaimer of Warranties

The Website is provided “as is”. The MyPaint Community team 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 the MyPaint Community team nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

13. Limitation of Liability

In no event will the MyPaint Community team, 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 the MyPaint Community team under this agreement during the twelve (10) month period prior to the cause of action. The MyPaint Community team 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 the Website will be in strict accordance with the the MyPaint Community team Privacy Policy, Community Guidelines, Code of Conduct, 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 country in which this website resides or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

15. Indemnification

You agree to indemnify and hold harmless the MyPaint Community team, 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.

16. Miscellaneous

This Agreement constitutes the entire agreement between the MyPaint Community team and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the MyPaint Community team, or by the posting by the MyPaint Community team 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 New York, 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 New York County, New York. 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 New York, New York 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; the MyPaint Community team 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.

This document is CC-BY-SA. It was updated October 10, 2017

Originally adapted from the WordPress Terms of Service