Terms of Service
These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our service provided at https://fairmind.org (“Our Service”). Please read them carefully and contact us if you have questions. If you don’t agree to these Terms, don’t use our service.
By accessing or using any part of our Service, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Service from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Service as stated in the Terms, and the Agreement will apply to any changes.
Who’s Who
“You” means any individual or entity using our Service. If you use our Service on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Service you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
“We” refer to the entity that operates the Fairmind.org website, also referred to as “us,” or “we” throughout these Terms.
Your Account
If you wish to use features of our Service that require an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Service so you can make informed choices in response.
We may limit your access to our Service until we’re able to verify your account information, like your email address.
You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.
If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy.
Minimum Age Requirements
If you create an account on our Service, you represent that you’re at least 13 years old or have consent from your parent.
Third-Party Websites and Resources
You are solely responsible for your use of any third-party websites or resources. Although our Service contains links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content.
Feedback
We love hearing from you and are always looking to improve our Service. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.
General Representation and Warranty
You represent and warrant that your use of our Service:
Will be in strict accordance with the Agreement;
Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, licensing, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
Will not infringe or misappropriate the intellectual property rights of Fairmind.org or any third party;
Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
Will not disclose the personal information of others;
Will not be used to send spam or bulk unsolicited messages;
Will not interfere with, disrupt, or attack any service or network;
Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Service or any related technology that is not open source; and
Will not involve renting, leasing, loaning, selling, or reselling the Service or related data without our consent.
Licensing of Content
If you are an author on our Service, you may create or edit content that is displayed on our Service. In doing so, you agree to the following licensing requirements:
You grant Fairmind.org a nonexclusive license to display your content on our Service or variants thereof (for example, a mobile app we provide).
You warrant that your content is original and not violating another party’s copyright.
If you quote from other sources, you warrant that you are doing so consistent with fair use.
Once granted, you do not revoke or seek invalidation of any content license that you have granted under these Terms.
You acknowledge that Fairmind.org may, at its sole discretion, decline to approve your content or remove it after the fact.
If you wish to remove your username and account at Fairmind.org, your content will remain; it will be under a redacted username such as ”Deleted User.”
Attribution
If you create or edit the content within a fairmind, those actions will be attributed to your username as part of the fairmind’s history.
Copyright Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any content on Fairmind.org violates your copyright, please contact us.
Intellectual Property
The Agreement doesn’t transfer any Fairmind.org or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Fairmind.org and you) solely with Fairmind.org. Trademarks, service marks, graphics, and logos used in connection with our Service may be the trademarks of third parties. Using our Service doesn’t grant you any right or license to reproduce or otherwise use any third-party trademarks.
Changes
We may modify the Terms from time to time. If we do this, we’ll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through our Service or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Service after we’ve notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Service and canceling any subscription you have.
Termination
We may terminate your access to all or any part of our Service at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any part of this Agreement or any Fairmind.org policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Service, if we believe your website’s storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Service to any individual or entity for any reason.
Disclaimers
Our Service is provided “as is.” Fairmind.org hereby disclaims all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that our Service will be error free or that access thereto will be continuous or uninterrupted.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Service will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Service will be the state and federal courts located in San Francisco County, California, U.S.A. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.
Limitation of Liability
In no event will Fairmind.org, or its suppliers or partners, be liable with respect to any subject matter of the 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; or (iii) for interruption of use or loss or corruption of data. Fairmind.org shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
European Users: If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Fairmind.org isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, volunteers, legal representatives, and vicarious agents.
Indemnification
You agree to indemnify and hold harmless Fairmind.org, its employees, volunteers, and their agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Service, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Service or applicable law.
Miscellaneous
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Fairmind.org and you concerning our Service. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Fairmind.org may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
Credits
This agreement is adapted from Automattic’s Terms of Service, which they kindly make available for modification and reuse.