Right down to the real nitty-gritty.
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 Foundry, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
YOUR FOUNDRY ACCOUNT AND SITE
If you create an account on the Website, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Foundry may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Foundry liability. You must immediately notify Foundry of any unauthorized uses of your account or any other breaches of security. Foundry 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 operate an account, comment on a project, 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 or graphics. 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 obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s URL or name is not the name of a person other than yourself or company other than your own; 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 Foundry or otherwise.
Foundry reserves the right to remove any project (or content created on Foundry, e.g. comments, messages, avatars, etc.) for any reason whatsoever. Please read our Handbook for rules and guidelines on what types of content are deemed inappropriate at Foundry.
All projects uploaded are copyright © their respective owners. You retain your rights to any content you submit, post or display on or through any of Foundry’s services.
Foundry reserves the right to ban any member or website from using the service for any reason.
By submitting, posting or displaying Content on Foundry, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
If you delete Content, Foundry 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, Foundry has the right (though not the obligation) to, in Foundry’s sole discretion (i) refuse or remove any content that, in Foundry’s reasonable opinion, violates any Foundry 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 Foundry’s sole discretion. Foundry will have no obligation to provide a refund of any amounts previously paid.
RESPONSIBILITY OF WEBSITE VISITORS
Foundry has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Foundry 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. Foundry 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 Foundry links, and that link to Foundry. Foundry does not have any control over those non-Foundry websites and webpages, and is not responsible for their contents or their use. By linking to a non-Foundry website or webpage, Foundry 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. Foundry disclaims any responsibility for any harm resulting from your use of non-Foundry websites and webpages.
Foundry has adopted the following policy toward copyright infringement on the Service in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf, the "DMCA").
The address of Foundry's Designated Agent for copyright takedown notices ("Designated Agent") is: Foundry, 600 Congress Avenue, 14th Floor, Attn: Designated Agent, Email: email@example.com
If you believe that Content residing or accessible on or through the Service infringes a copyright, you may send a notice of copyright infringement containing the following information to the Designated Agent at the address above:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Foundry is capable of finding it and verifying its existence.
- Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number and email address.
- 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.
- 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.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Foundry will respond to valid DMCA requests within 10 days. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please email us again at info [at] Foundry dot net to confirm that we received your original complaint. As you may know, spam blockers sometimes reject important emails from unknown parties.
Please note that under applicable law any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
In an effort to be transparent in removing or restricting access to user-uploaded content, Foundry may make public any DMCA notice received (with personal contact information removed). This may include posting the notice to a public-facing website, among other methods.
After removing access to the material pursuant to a valid DMCA notice, Foundry will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material.
Foundry reserves the right, in its sole discretion, to immediately terminate the account of any member who is the subject of repeated DMCA notifications.
SUBMITTING A DMCA COUNTER-NOTIFICATION
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Foundry by providing the following information to the Designated Agent at the address above:
- The specific URLs of material that Foundry has removed or to which Foundry has disabled access.
- Your name, address, telephone number, and email address.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Essex County, Massachusetts if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
- 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."
- Your signature.
Upon receipt of a valid counter-notification, Foundry will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Foundry does not receive any such notification within ten (10) days, we may restore the material to the Services.
This Agreement does not transfer from Foundry to you any Foundry or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Foundry. Foundry, the Foundry logo, and all other trademarks, service marks, graphics and logos used in connection with Foundry, or the Website are trademarks or registered trademarks of Foundry or Foundry’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 Foundry or third-party trademarks.
Foundry 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. Foundry 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.
Foundry 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 Foundry account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by Foundry if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Foundry’s notice to you thereof; provided that, Foundry can terminate the Website immediately as part of a general shut down of our service. 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.
DISCLAIMER OF WARRANTIES
The Website is provided “as is”. Foundry 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 Foundry 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 will Foundry, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Foundry under this agreement during the twelve (12) month period prior to the cause of action. Foundry 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.
GENERAL REPRESENTATION AND WARRANTY
You agree to indemnify and hold harmless Foundry, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
This Agreement constitutes the entire agreement between Foundry and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Foundry, or by the posting by Foundry 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 Massachusetts, U.S.A.
UPDATED MARCH 13, 2015
This Terms of Service was crafted from Wordpress.com's version, which is available under a Creative Commons Sharealike license.