- Nov 2013
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williepeacock.com williepeacock.com
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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
Automattic doesn't want WordPress to be used for unsavory purposes. That means pornography and hate speech are off limits.
Any content that violates the publicity rights, or personality rights, of others is also barred. A number of states, including California and New York, recognize the right of an individual to control the commercial use of his or her name, image, or likeness. For example, falsely claiming that Tom Cruise endorses the hair removal cream you advertise on your blog would probably violate this term.
See the "Termination" and "Indemnification" sections below to learn more about what can occur if you violate a representation.
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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
This is the part of the agreement where Automattic asks a few things of you. First, the company wants your assurances that none of the content on your site infringes the intellectual property rights of others. In other words, you're representing (or "promising") that any content you post on your WordPress site either belongs to you or was posted with the permission of the owner.
For example, posting the steamiest chapters from Fifty Shades of Grey without the publisher's consent would likely violate this representation. See the “Indemnification," "Copyright Infringement," and “Termination” sections to learn about what could happen if you violate this part of the agreement.
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your use of the Website will not infringe or misappropriate the intellectual property rights of any third party
Once again, Automattic is asking for your assurances that any content you post on your WordPress site either belongs to you or was posted with the permission of the owner.
See the “Indemnification," "Copyright Infringement," and “Termination” sections to learn about what could happen if you violate this part of the agreement.
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You represent and warrant that (i) your use of the Website will be in strict accordance with the Automattic Privacy Policy, with this Agreement and with all applicable laws and regulations
Like the "Responsibility of Contributors" section above, this section requires you to make a few representations. First, you must “represent” (or “promise,” if you will) that your WordPress site will comply with all of the terms of this agreement and all state and federal laws.
See the “Indemnification” and “Termination” sections to learn about what could happen if you violate this part of the agreement.
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You agree to indemnify and hold harmless Automattic, 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.
The "Indemnification" clause gives teeth to the representations above. In other words, if you breach any of the representations above and Automattic is sued by a third party as a result, you agree to cover any expenses the company incurs.
For example, let’s say you start selling unreleased Milli Vanilli B-sides on your WordPress site, passing the tracks off as your new musical project. If Automattic is sued by the owner of the recordings, you’ll probably be on the hook for any litigation costs or losses that result.
While that may sound harsh, this is a pretty standard provision in most commercial contracts.
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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 Automattic or others.
If you ignore DMCA take down notices or continue to post copyrighted content on your site, Automattic reserves the right to terminate your WordPress account.
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If you believe that material located on or linked to by WordPress.com violates your copyright, you are encouraged to notify Automattic in accordance with Automattic’s Digital Millennium Copyright Act (“DMCA”) Policy.
The Digital Millennium Copyright Act (DMCA) protects certain online service providers, like WordPress or Tumblr, from liability for acts of copyright infringement carried out by their users. In order to be exempt from liability, however, service providers have to comply with certain conditions – the most important of which is the “DMCA take down notice.”
If a copyright holder finds out that his or her work has been illegally posted online, the holder can send a DMCA take down notice to the service provider, requesting that the content be removed. If the service provider then fails to take action, it could be held liable for copyright infringement.
For example, if you upload your favorite episode of Law & Order onto your WordPress site, NBC can send a DMCA takedown notice to WordPress requesting you remove the episode. If WordPress then fails to take action, it could be on the hook for contributory infringement.
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If Automattic is sued by a third party for any wrongdoing on your part, you agree to cover any expenses that result. For example, let’s say you start selling unreleased Milli Vanilli B-sides on your website, passing the tracks off as your new musical project. If Automattic is sued by the owner of the recordings, you’ll probably be on the hook for any litigation costs or losses the company incurs defending itself. While that may sound harsh, this is a pretty standard provision in most commercial contracts.
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If Automattic is sued by a third party for any wrongdoing on your part, you agree to cover any expenses that result. For example, let’s say you start selling unreleased Milli Vanilli B-sides on your website, passing the tracks off as your new musical project. If Automattic is sued by the owner of the recordings, you’ll probably be on the hook for any litigation costs or losses the company incurs defending itself. While that may sound harsh, this is a pretty standard provision in most commercial contracts.
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