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 HBPB, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your PastryBox 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 and any other actions taken in connection with the account. You must not describe or assign keywords to the content you publish on the Website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and HBPB may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause HBPB liability. You must immediately notify HBPB of any unauthorized uses of your account or any other breaches of security. HBPB 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 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 username is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your website’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 HBPB or otherwise.
By submitting Content to HBPB for inclusion on the Website, you grant HBPB 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 the Website. If you delete Content, HBPB 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, HBPB has the right (though not the obligation) to, in HBPB’s sole discretion (i) refuse or remove any content that, in HBPB’s reasonable opinion, violates any HBPB 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 HBPB’s sole discretion.
- Responsibility of Website Visitors HBPB 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, HBPB 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. HBPB 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 the Website links, and that link to the Website. HBPB does not have any control over those non-PastryBox websites and webpages, and is not responsible for their contents or their use. By linking to a non-PastryBox website or webpage, HBPB 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. HBPB disclaims any responsibility for any harm resulting from your use of non-PastryBox websites and webpages.
The Website deals with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).
You may not post, upload, or otherwise place any content or information on the site that belongs to a third party, unless you have the legal right to do so. If you believe that any such information or content has been posted on the site, please send a notice of copyright infringement containing the following information to the designated agent at the address below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Contact information for the notifying party, including name, address, telephone number, and email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon notification of claimed infringement, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. We will also notify the person who posted, uploaded, or otherwise placed the allegedly infringing material on the site that we have removed or disabled access to such material.
If you believe that material has been removed improperly, you must send a written counter notification to the agent, and include:
- A physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.
Upon receipt of a counter notification complying with these requirements, we will promptly provide the original reporter with a copy of the counter notification, and inform that person that we may replace the removed material or cease disabling access to it if we do not receive notice within ten business days that the original reporter is seeking a court order to prevent further infringement of the material at issue.Designated Agent:
Alex Duloz - [email protected]
- Intellectual Property This Agreement does not transfer from HBPB to you any HBPB or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with HBPB. HBPB and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of HBPB or HBPB’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 HBPB or third-party trademarks.
- Changes HBPB 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. HBPB 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.
- Termination HBPB 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 PastryBox 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.
- Disclaimer of Warranties. The Website is provided « as is ». HBPB 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 HBPB 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 HBPB, 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 HBPB under this agreement during the twelve (12) month period prior to the cause of action. HBPB 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 HBPB, 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.
- Behavior Members who post disrespectful and/or offensive comments through The Website or any other platform, digital or otherwise, or in any other way, about the content published by The Website and/or people contributing to The Website may see their account on The Website closed without notice.
- Authorship, Copyright and License The texts published on The Website remain the sole property of their authors unless stated otherwise. The Website doesn't own the texts it publishes. Authors are not paid for their contribution to The Website. The Website is a hub between readers and writers. It is therefore not possible for The Website to grant in any way the right to use and/or republish the texts published on The Website. Only the author of a given text can grant this right (it is possible that authors are writing for one or more other entities which are the actual owners of the texts published on The Website). Authors can easily be identified since their names always appear with the articles they have published on The Website (authors' names can typically be found in a header and/or footer wrapping the text). Unless otherwise noted, all content on this site is licensed under a Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0 License. This is the Website default license, but authors can use a license of their own. So you may want to check the list of our contributors to see if they are using another license.
- Third-party applications The Website uses third-party applications to operate properly. By using The Website, you agree for The Website to connect to such services. If you choose to sign up to The Website with a third-party application (such as Twitter), or if you connect your PastryBox's account in any other way to a third-party application (such as Twitter) in any form, digital or otherwise, you grant The Website the right to use the public information related to your account on the third-party application in question. In the case of a Twitter sign-up, The Website will use the following information to build your PastryBox's profile: location, bio, url and photo.
- Avatars If you upload a custom avatar as your profile photo on The Website, you must own the rights to use this photo (be it a picture, a drawing or any other shape that can be turned into an uploadable image).
- Customizations The Website lets you customize some of its functionalities through a customization mechanism located at the following url: https://the-pastry-box-project.net/customize. Customizations are stored in cookies and are not related to your account. If you use a public computer, or if you share a device with other people, the cookie-stored customizations may be overridden by another person using the same device as you.
- Miscellaneous This Agreement constitutes the entire agreement between HBPB and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of HBPB, or by the posting by HBPB 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 Geneva, Switzerland, 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 courts located in Geneva, Switzerland. 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 Geneva, Switzerland, in the French 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; HBPB 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.
Modified from the WordPress.com Terms of Service
DMCA section based on Editorially's Terms and Privacy