wordpress.com terms of service

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  • 8/9/2019 WordPress.com Terms of Service

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    Terms of ServiceThe gist:

    We (the folks at Automattic ) run a blog and web site hosting servicecalled WordPress.com and would love for you to use it. ur basic service is free! and we

    offer "aid u"grades for advanced features such as domain hosting and e#tra storage. ur

    service is designed to give you as much control and ownershi" over what goes on your

    site as "ossible and encourage you to e#"ress yourself freely. $owever! be res"onsible in

    what you "ublish. %n "articular! make sure that none of the "rohibited items listed below

    a""ear on your site or get linked to from your site (things like s"am! viruses! or hate

    content).

    &ou can check our "age on ty"es of blogs to get a sense of the ty"es of sites that are

    welcome on our service (or not').

    %f you find a WordPress.com site that you believe violates our terms of service! "lease visit

    our dis"ute resolution re"orting "age .

    ( ote! we*ve decided to make the below Terms of Service available under

    a Creative Commons Sharealike license! which means you*re more than welcome tosteal it and re"ur"ose it for your own use! +ust make sure to re"lace references to us with

    ones to you! and if you want we*d a""reciate a link to WordPress.com somewhere on your

    site. We s"ent a lot of money and time on the below! and other "eo"le shouldn*t need to

    do the same.)

    Terms of Service:

    The following terms and conditions govern all use of the WordPress.com website and all

    content! services and "roducts available at or through the website! including! but notlimited to! ,et"ack by WordPress.com (-,et"ack ) and the WordPress.com /%P hosting

    service (-/%P Service )! (taken together! the Website). The Website is owned and o"erated

    by Automattic! %nc. (-Automattic ). The Website is offered sub+ect to your acce"tance

    without modification of all of the terms and conditions contained herein and all other

    o"erating rules! "olicies (including! without limitation! Automattic*s Privacy Policy ) and

    http://automattic.com/about/http://wordpress.com/http://wordpress.com/types-of-blogs/http://wordpress.com/types-of-blogs/http://en.support.wordpress.com/disputes/http://en.support.wordpress.com/disputes/http://automattic.com/privacy/http://wordpress.com/http://wordpress.com/types-of-blogs/http://en.support.wordpress.com/disputes/http://en.support.wordpress.com/disputes/http://automattic.com/privacy/http://automattic.com/about/
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    "rocedures that may be "ublished from time to time on this Site by Automattic

    (collectively! the -Agreement ).

    Please read this Agreement carefully before accessing or using the Website. 0y

    accessing or using any "art of the web site! you agree to become bound by the terms and

    conditions of this agreement. %f you do not agree to all the terms and conditions of this

    agreement! then you may not access the Website or use any services. %f these terms and

    conditions are considered an offer by Automattic! acce"tance is e#"ressly limited to these

    terms. The Website is available only to individuals who are at least 12 years old.

    1. Your WordPress.com Account and Site. %f you create a blog on the Website! you

    are res"onsible for maintaining the security of your account and blog! and you are fully

    res"onsible for all activities that occur under the account and any other actions taken in

    connection with the blog. &ou must not describe or assign keywords to your blog in a

    misleading or unlawful manner! including in a manner intended to trade on the name or

    re"utation of others! and Automattic may change or remove any descri"tion or keyword

    that it considers ina""ro"riate or unlawful! or otherwise likely to cause Automattic

    liability. &ou must immediately notify Automattic of any unauthori3ed uses of your blog!

    your account or any other breaches of security. Automattic will not be liable for any acts

    or omissions by &ou! including any damages of any kind incurred as a result of such

    acts or omissions.

    4. Responsibility of Contributors. %f you o"erate a blog! comment on a blog! "ost

    material to the Website! "ost links on the Website! or otherwise make (or allow any third

    "arty to make) material available by means of the Website (any such material!

    -5ontent )! &ou are entirely res"onsible for the content of! and any harm resulting from!

    that 5ontent. That is the case regardless of whether the 5ontent in 6uestion constitutes

    te#t! gra"hics! an audio file! or com"uter software. 0y making 5ontent available! you

    re"resent and warrant that:

    o the downloading! co"ying and use of the 5ontent will not infringe the

    "ro"rietary rights! including but not limited to the co"yright! "atent! trademark or

    trade secret rights! of any third "arty7

    o if your em"loyer has rights to intellectual "ro"erty you create! you have either

    (i) received "ermission from your em"loyer to "ost or make available the 5ontent!

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    including but not limited to any software! or (ii) secured from your em"loyer a waiver

    as to all rights in or to the 5ontent7

    o you have fully com"lied with any third8"arty licenses relating to the 5ontent!

    and have done all things necessary to successfully "ass through to end users any

    re6uired terms7

    o the 5ontent does not contain or install any viruses! worms! malware! Tro+an

    horses or other harmful or destructive content7

    o the 5ontent is not s"am! is not machine8 or randomly8generated! and does

    not contain unethical or unwanted commercial content designed to drive traffic to

    third "arty sites or boost the search engine rankings of third "arty sites! or to further

    unlawful acts (such as "hishing) or mislead reci"ients as to the source of the

    material (such as s"oofing)7

    o the 5ontent is not "ornogra"hic! does not contain threats or incite violence!

    and does not violate the "rivacy or "ublicity rights of any third "arty7

    o your blog is not getting advertised via unwanted electronic messages such as

    s"am links on newsgrou"s! email lists! other blogs and web sites! and similar

    unsolicited "romotional methods7

    o your blog is not named in a manner that misleads your readers into thinking

    that you are another "erson or com"any. 9or e#am"le! your blog*s ;< or name isnot the name of a "erson other than yourself or com"any other than your own7 and

    o you have! in the case of 5ontent that includes com"uter code! accurately

    categori3ed and=or described the ty"e! nature! uses and effects of the materials!

    whether re6uested to do so by Automattic or otherwise.

    0y submitting 5ontent to Automattic for inclusion on your Website! you grant

    Automattic a world8wide! royalty8free! and non8e#clusive license to re"roduce! modify!

    ada"t and "ublish the 5ontent solely for the "ur"ose of dis"laying! distributing and

    "romoting your blog. %f you delete 5ontent! Automattic will use reasonable efforts to

    remove it from the Website! but you acknowledge that caching or references to the

    5ontent may not be made immediately unavailable.

    Without limiting any of those re"resentations or warranties! Automattic has the right

    (though not the obligation) to! in Automattic*s sole discretion (i) refuse or remove any

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    content that! in Automattic*s reasonable o"inion! violates any Automattic "olicy or is in

    any way harmful or ob+ectionable! or (ii) terminate or deny access to and use of the

    Website to any individual or entity for any reason! in Automattic*s sole discretion.

    Automattic will have no obligation to "rovide a refund of any amounts "reviously "aid.

    2. Payment and Renewal.

    o General erms.

    "tional "aid services such as e#tra storage! or domain "urchases are available on

    the Website (any such services! an - "grade ). 0y selecting an "grade you agree

    to "ay Automattic the monthly or annual subscri"tion fees indicated for that service.

    Payments will be charged on a "re8"ay basis on the day you sign u" for an "grade

    and will cover the use of that service for a monthly or annual subscri"tion "eriod as

    indicated. "grade fees are not refundable.

    o Automatic Renewal.

    nless you notify Automattic before the end of the a""licable subscri"tion "eriod that

    you want to cancel an "grade! your "grade subscri"tion will automatically renew

    and you authori3e us to collect the then8a""licable annual or monthly subscri"tion

    fee for such "grade (as well as any ta#es) using any credit card or other "ayment

    mechanism we have on record for you. "grades can be canceled at any time in the

    "grades section of your site*s dashboard.>. !"P Services.

    o #ostin$% Support Services. /%P $osting=Su""ort and /%P Su""ort services

    are "rovided by Automattic under the terms and conditions for each such service!

    which are located at vi".word"ress.com=hosting8tos and vi".word"ress.com=su""ort8

    tos ! res"ectively. 0y signing u" for a /%P $osting=Su""ort or /%P Su""ort services

    account! you agree to abide by such terms and conditions.

    ?. &irehose.

    o &ees' Payment. 0y signing u" for the WordPress.com 9irehose you agree to

    "ay Automattic the s"ecified monthly fees in e#change for access to the feeds.

    A""licable fees will be invoiced starting from the day your access is established and

    in advance of using such services. Automattic reserves the right to change the

    http://vip.wordpress.com/hosting-tos/http://vip.wordpress.com/support-tos/http://vip.wordpress.com/support-tos/http://vip.wordpress.com/hosting-tos/http://vip.wordpress.com/support-tos/http://vip.wordpress.com/support-tos/
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    "ayment terms and fees u"on thirty (2@) days "rior written notice to you. 9irehose

    access can be canceled by you at anytime on 2@ days written notice to Automattic.

    o Permitted (se. &ou may use the WordPress.com 9irehose to develo" a

    "roduct or service that searches! dis"lays! analy3es! retrieves! and views information

    available on WordPress.com. &ou may also use the WordPress.com name or logos

    and other brand elements that Automattic makes available in order to identify the

    source of the information.

    o Restricted (se. &ou may not use the WordPress.com 9irehose to

    substantially re"licate "roducts or services offered by Automattic! including the

    re"ublication of WordPress.com content or the creation of a se"arate "ublishing

    "latform. %f Automattic believes! in its sole discretion! that you have violated or

    attem"ted to violate these conditions or the s"irit of these terms! your ability to useand access the WordPress.com 9irehose may be tem"orarily or "ermanently

    revoked! with or without notice.

    . Responsibility of Website !isitors. Automattic has not reviewed! and cannot

    review! all of the material! including com"uter software! "osted to the Website! and

    cannot therefore be res"onsible for that material*s content! use or effects. 0y o"erating

    the Website! Automattic does not re"resent or im"ly that it endorses the material there

    "osted! or that it believes such material to be accurate! useful or non8harmful. &ou are

    res"onsible for taking "recautions as necessary to "rotect yourself and your com"utersystems from viruses! worms! Tro+an horses! and other harmful or destructive content.

    The Website may contain content that is offensive! indecent! or otherwise ob+ectionable!

    as well as content containing technical inaccuracies! ty"ogra"hical mistakes! and other

    errors. The Website may also contain material that violates the "rivacy or "ublicity

    rights! or infringes the intellectual "ro"erty and other "ro"rietary rights! of third "arties!

    or the downloading! co"ying or use of which is sub+ect to additional terms and

    conditions! stated or unstated. Automattic disclaims any res"onsibility for any harm

    resulting from the use by visitors of the Website! or from any downloading by thosevisitors of content there "osted.

    B. Content Posted on )ther Websites. We have not reviewed! and cannot review! all

    of the material! including com"uter software! made available through the websites and

    web"ages to which WordPress.com links! and that link to WordPress.com. Automattic

    does not have any control over those non8WordPress websites and web"ages! and is

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    not res"onsible for their contents or their use. 0y linking to a non8WordPress website or

    web"age! Automattic does not re"resent or im"ly that it endorses such website or

    web"age. &ou are res"onsible for taking "recautions as necessary to "rotect yourself

    and your com"uter systems from viruses! worms! Tro+an horses! and other harmful or

    destructive content. Automattic disclaims any res"onsibility for any harm resulting from

    your use of non8WordPress websites and web"ages.

    C. Copyri$ht "nfrin$ement and *+CA Policy. As Automattic asks others to res"ect its

    intellectual "ro"erty rights! it res"ects the intellectual "ro"erty rights of others. %f you

    believe that material located on or linked to by WordPress.com violates your co"yright!

    you are encouraged to notify Automattic in accordance with Automattic*s Digital

    Eillennium 5o"yright Act (-DE5A ) Policy . Automattic will res"ond to all such notices!

    including as re6uired or a""ro"riate by removing the infringing material or disabling all

    links to the infringing material. Automattic will terminate a visitor*s access to and use of

    the Website if! under a""ro"riate circumstances! the visitor is determined to be a re"eat

    infringer of the co"yrights or other intellectual "ro"erty rights of Automattic or others. %n

    the case of such termination! Automattic will have no obligation to "rovide a refund of

    any amounts "reviously "aid to Automattic.

    F. "ntellectual Property. This Agreement does not transfer from Automattic to you any

    Automattic or third "arty intellectual "ro"erty! and all right! title and interest in and to

    such "ro"erty will remain (as between the "arties) solely with Automattic. Automattic!WordPress! WordPress.com! the WordPress.com logo! and all other trademarks! service

    marks! gra"hics and logos used in connection with WordPress.com! or the Website are

    trademarks or registered trademarks of Automattic or Automattic*s licensors. ther

    trademarks! service marks! gra"hics and logos used in connection with the Website may

    be the trademarks of other third "arties. &our use of the Website grants you no right or

    license to re"roduce or otherwise use any Automattic or third8"arty trademarks.

    1@. Advertisements. Automattic reserves the right to dis"lay advertisements on your

    blog unless you have "urchased an Ad8free "grade or a /%P Services account.

    11. Attribution. Automattic reserves the right to dis"lay attribution links such as G0log at

    WordPress.com!* theme author! and font attribution in your blog footer or toolbar. 9ooter

    credits and the WordPress.com toolbar may not be removed regardless of u"grades

    "urchased.

    http://automattic.com/dmca/http://automattic.com/dmca/http://automattic.com/dmca/http://automattic.com/dmca/
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    14. &riends of WP.com hemes. 0y activating a "artner theme from the 9riends of

    WP.com section of our themes directory! you agree to that "artner*s terms of service.

    &ou can o"t out of their terms of service at any time by de8activating a "artner theme.

    12. *omain ,ames. %f you are registering a domain name! using or transferring a

    "reviously registered domain name! you acknowledge and agree that use of the domain

    name is also sub+ect to the "olicies of the %nternet 5or"oration for Assigned ames and

    umbers (-%5A )! including their ;egistration ;ights and ;es"onsibilities .

    1>. Chan$es. Automattic reserves the right! at its sole discretion! to modify or re"lace

    any "art of this Agreement. %t is your res"onsibility to check this Agreement "eriodically

    for changes. &our continued use of or access to the Website following the "osting of any

    changes to this Agreement constitutes acce"tance of those changes. Automattic may

    also! in the future! offer new services and=or features through the Website (including! therelease of new tools and resources). Such new features and=or services shall be sub+ect

    to the terms and conditions of this Agreement.

    1?. ermination. Automattic may terminate your access to all or any "art of the Website

    at any time! with or without cause! with or without notice! effective immediately. %f you

    wish to terminate this Agreement or your WordPress.com account (if you have one)! you

    may sim"ly discontinue using the Website. All "rovisions of this Agreement which by

    their nature should survive termination shall survive termination! including! without

    limitation! ownershi" "rovisions! warranty disclaimers! indemnity and limitations ofliability.

    1 . *isclaimer of Warranties. The Website is "rovided -as is . Automattic and its

    su""liers and licensors hereby disclaim all warranties of any kind! e#"ress or im"lied!

    including! without limitation! the warranties of merchantability! fitness for a "articular

    "ur"ose and non8infringement. either Automattic nor its su""liers and licensors! makes

    any warranty that the Website will be error free or that access thereto will be continuous

    or uninterru"ted. %f you*re actually reading this! here*s a treat . &ou understand that you

    download from! or otherwise obtain content or services through! the Website at your

    own discretion and risk.

    1B. -imitation of -iability. %n no event will Automattic! or its su""liers or licensors! be

    liable with res"ect to any sub+ect matter of this agreement under any contract!

    negligence! strict liability or other legal or e6uitable theory for: (i) any s"ecial! incidental

    http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htmhttp://wordpress.com/tos/treat/http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htmhttp://wordpress.com/tos/treat/
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    or conse6uential damages7 (ii) the cost of "rocurement for substitute "roducts or

    services7 (iii) for interru"tion of use or loss or corru"tion of data7 or (iv) for any amounts

    that e#ceed the fees "aid by you to Automattic under this agreement during the twelve

    (14) month "eriod "rior to the cause of action. Automattic shall have no liability for any

    failure or delay due to matters beyond their reasonable control. The foregoing shall not

    a""ly to the e#tent "rohibited by a""licable law.

    1C. General Representation and Warranty. &ou re"resent 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 a""licable laws and regulations (including without limitation any

    local laws or regulations in your country! state! city! or other governmental area!

    regarding online conduct and acce"table content! and including all a""licable laws

    regarding the transmission of technical data e#"orted from the nited States or thecountry in which you reside) and (ii) your use of the Website will not infringe or

    misa""ro"riate the intellectual "ro"erty rights of any third "arty.

    1F. "ndemnification. &ou agree to indemnify and hold harmless Automattic! its

    contractors! and its licensors! and their res"ective directors! officers! em"loyees and

    agents from and against any and all claims and e#"enses! including attorneys* fees!

    arising out of your use of the Website! including but not limited to your violation of this

    Agreement.

    4@. +iscellaneous. This Agreement constitutes the entire agreement between

    Automattic and you concerning the sub+ect matter hereof! and they may only be

    modified by a written amendment signed by an authori3ed e#ecutive of Automattic! or by

    the "osting by Automattic of a revised version. H#ce"t to the e#tent a""licable law! if

    any! "rovides otherwise! this Agreement! any access to or use of the Website will be

    governed by the laws of the state of 5alifornia! .S.A.! e#cluding its conflict of law

    "rovisions! and the "ro"er venue for any dis"utes arising out of or relating to any of the

    same will be the state and federal courts located in San 9rancisco 5ounty! 5alifornia.

    H#ce"t for claims for in+unctive or e6uitable relief or claims regarding intellectual

    "ro"erty rights (which may be brought in any com"etent court without the "osting of a

    bond)! any dis"ute arising under this Agreement shall be finally settled in accordance

    with the 5om"rehensive Arbitration ;ules of the ,udicial Arbitration and Eediation

    Service! %nc. (-,AES ) by three arbitrators a""ointed in accordance with such ;ules.

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    The arbitration shall take "lace in San 9rancisco! 5alifornia! in the Hnglish language and

    the arbitral decision may be enforced in any court. The "revailing "arty in any action or

    "roceeding to enforce this Agreement shall be entitled to costs and attorneys* fees. %f

    any "art of this Agreement is held invalid or unenforceable! that "art will be construed to

    reflect the "arties* original intent! and the remaining "ortions will remain in full force and

    effect. A waiver by either "arty 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 subse6uent

    breach thereof. &ou may assign your rights under this Agreement to any "arty that

    consents to! and agrees to be bound by! its terms and conditions7 Automattic may assign

    its rights under this Agreement without condition. This Agreement will be binding u"on

    and will inure to the benefit of the "arties! their successors and "ermitted assigns.

    Chan$e lo$

    ,uly B! 4@@F: Added -not "ornogra"hic to "aragra"h 4 -;es"onsibility of 5ontributors .

    December 1C! 4@1@: Added automatic renewal section to "aragra"h 2 -Payment and

    ;enewal .

    9ebruary 1! 4@11: 5larified "rocedure regarding termination of re"eat infringers in

    "aragra"h B.

    A"ril 4B! 4@11: Added -Advertisements "aragra"h to clarify our ad "olicy

    (htt":==en.su""ort.word"ress.com=advertising= ).

    Eay 1B! 4@11: Added -9riends of WordPress.com Themes "aragra"h.

    Se"tember F! 4@11: Added -Domain ames "aragra"h.

    ctober 1B! 4@11: Added -9irehose "aragra"h.

    Earch ! 4@14: 5larified definition of Website with addition of -,et"ack by

    WordPress.com .

    A"ril ! 4@14: Added -Attribution "aragra"h to clarify our attribution "olicy.

    ovember 14! 4@14: ;e"laced /%P Services terms and conditions with cross references to

    /%P $osting=Su""ort and /%P Su""ort services terms and conditions! located at

    vi".word"ress.com7 removed -towards individuals or entities from "rohibition against

    threats of violence in Section 4.

    http://en.support.wordpress.com/advertising/http://en.support.wordpress.com/advertising/