238 lines
14 KiB
Plaintext
238 lines
14 KiB
Plaintext
- content_for(:title, 'Terms of Service')
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markdown:
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# Terms of Service
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The following terms and conditions govern all use of the asciinema.org
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website and all content, services and products available at or through the
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website, including terminal recording hosting service (taken together,
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the Website). The Website is owned and operated by The Asciinema Core Team
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("Asciinema"). The Website is offered subject to your acceptance without
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modification of all of the terms and conditions contained herein and all
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other operating rules, policies (including, without limitation, Asciinema’s
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Privacy Policy) and procedures that may be published from time to time on
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this Site by Asciinema (collectively, the "Agreement").
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Please read this Agreement carefully before accessing or using the Website.
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By accessing or using any part of the web site, you agree to become bound by
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the terms and conditions of this agreement. If you do not agree to all the
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terms and conditions of this agreement, then you may not access the Website
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or use any services. If these terms and conditions are considered an offer by
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Asciinema, acceptance is expressly limited to these terms. The Website is
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available only to individuals who are at least 13 years old.
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## Your asciinema.org Account and Site
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If you create a user account on the Website, you are responsible for
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maintaining the security of your account, and you are fully responsible for
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all activities that occur under the account and any other actions taken in
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connection with the account. You must not describe or assign keywords to your
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account or recordings in a misleading or unlawful manner, including in a
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manner intended to trade on the name or reputation of others, and Asciinema
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may change or remove any description or keyword that it considers
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inappropriate or unlawful, or otherwise likely to cause Asciinema liability.
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You must immediately notify Asciinema of any unauthorized uses of your
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account or any other breaches of security. Asciinema will not be liable for
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any acts or omissions by You, including any damages of any kind incurred as a
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result of such acts or omissions.
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## Responsibility of Contributors
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If you operate an account, post material to the Website, post links on the
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Website, or otherwise make (or allow any third party to make) material
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available by means of the Website (any such material, "Content"), You are
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entirely responsible for the content of, and any harm resulting from, that
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Content. That is the case regardless of whether the Content in question
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constitutes text, graphics, an audio file, or computer software. By making
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Content available, you represent and warrant that:
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* the downloading, copying and use of the Content will not infringe the
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proprietary rights, including but not limited to the copyright, patent,
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trademark or trade secret rights, of any third party;
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* if your employer has rights to intellectual property you create, you have
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either (i) received permission from your employer to post or make available
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the Content, including but not limited to any software, or (ii) secured
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from your employer a waiver as to all rights in or to the Content;
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* you have fully complied with any third-party licenses relating to the
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Content, and have done all things necessary to successfully pass through to
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end users any required terms;
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* the Content does not contain or install any viruses, worms, malware, Trojan
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horses or other harmful or destructive content;
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* the Content is not spam, is not machine- or randomly-generated, and does
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not contain unethical or unwanted commercial content designed to drive
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traffic to third party sites or boost the search engine rankings of third
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party sites, or to further unlawful acts (such as phishing) or mislead
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recipients as to the source of the material (such as spoofing);
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* the Content is not pornographic, does not contain threats or incite
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violence, and does not violate the privacy or publicity rights of any third
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party;
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* your account or recording is not getting advertised via unwanted
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electronic messages such as spam links on newsgroups, email lists, other
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blogs and web sites, and similar unsolicited promotional methods;
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* your account or recording is not named in a manner that misleads your
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readers into thinking that you are another person or company. For example,
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your account’s or recording's URL or name is not the name of a person other
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than yourself or company other than your own; and
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* you have, in the case of Content that includes computer code, accurately
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categorized and/or described the type, nature, uses and effects of the
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materials, whether requested to do so by Asciinema or otherwise.
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By submitting Content to Asciinema for inclusion on the Website, you grant
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Asciinema a world-wide, royalty-free, and non-exclusive license to reproduce,
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modify, adapt and publish the Content solely for the purpose of displaying,
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distributing and promoting your profile and/or recordings. If you delete
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Content, Asciinema will use reasonable efforts to remove it from the Website,
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but you acknowledge that caching or references to the Content may not be made
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immediately unavailable.
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Without limiting any of those representations or warranties, Asciinema has
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the right (though not the obligation) to, in Asciinema’s sole discretion (i)
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refuse or remove any content that, in Asciinema’s reasonable opinion,
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violates any Asciinema policy or is in any way harmful or objectionable, or
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(ii) terminate or deny access to and use of the Website to any individual or
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entity for any reason, in Asciinema’s sole discretion. Asciinema will have
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no obligation to provide a refund of any amounts previously paid.
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## Responsibility of Website Visitors
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Asciinema has not reviewed, and cannot review, all of the material,
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including computer software, posted to the Website, and cannot therefore be
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responsible for that material’s content, use or effects. By operating the
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Website, Asciinema does not represent or imply that it endorses the material
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there posted, or that it believes such material to be accurate, useful or
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non-harmful. You are responsible for taking precautions as necessary to
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protect yourself and your computer systems from viruses, worms, Trojan
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horses, and other harmful or destructive content. The Website may contain
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content that is offensive, indecent, or otherwise objectionable, as well as
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content containing technical inaccuracies, typographical mistakes, and other
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errors. The Website may also contain material that violates the privacy or
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publicity rights, or infringes the intellectual property and other
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proprietary rights, of third parties, or the downloading, copying or use of
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which is subject to additional terms and conditions, stated or unstated.
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Asciinema disclaims any responsibility for any harm resulting from the use
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by visitors of the Website, or from any downloading by those visitors of
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content there posted.
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## Content Posted on Other Websites
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We have not reviewed, and cannot review, all of the material, including
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computer software, made available through the websites and webpages to which
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asciinema.org links, and that link to asciinema.org. Asciinema does not have
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any control over those non-Asciinema websites and webpages, and is not
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responsible for their contents or their use. By linking to a non-Asciinema
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website or webpage, Asciinema does not represent or imply that it endorses
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such website or webpage. You are responsible for taking precautions as
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necessary to protect yourself and your computer systems from viruses, worms,
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Trojan horses, and other harmful or destructive content. Asciinema disclaims
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any responsibility for any harm resulting from your use of non-Asciinema
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websites and webpages.
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## Copyright Infringement and Privacy Policy
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As Asciinema asks others to respect its intellectual property rights, it
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respects the intellectual property rights of others. If you believe that
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material located on or linked to by asciinema.org violates your copyright,
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you are encouraged to notify Asciinema. Asciinema will respond to all such
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notices, including as required or appropriate by removing the infringing
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Content or disabling all links to the infringing Content. If a visitor
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infringes (once or repeatedly) the copyrights or other intellectual property
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rights of Asciinema or others, Asciinema may, in its sole discretion,
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terminate or deny access to and use of the Website. In case of such
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termination, Asciinema will have no obligation to provide a refund of any
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amounts previously paid to Asciinema.
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## Intellectual Property
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This Agreement does not transfer from Asciinema to you any Asciinema or
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third party intellectual property, and all right, title and interest in and
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to such property will remain (as between the parties) solely with Asciinema.
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Asciinema, asciinema.org, the asciinema.org logo, and all other
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trademarks, service marks, graphics and logos used in connection with
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asciinema.org, or the Website are trademarks or registered trademarks of
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Asciinema or Asciinema’s licensors. Other trademarks, service marks,
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graphics and logos used in connection with the Website may be the trademarks
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of other third parties. Your use of the Website grants you no right or
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license to reproduce or otherwise use any Asciinema or third-party
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trademarks.
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## Changes
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Asciinema reserves the right, at its sole discretion, to modify or replace
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any part of this Agreement. It is your responsibility to check this Agreement
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periodically for changes. Your continued use of or access to the Website
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following the posting of any changes to this Agreement constitutes acceptance
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of those changes. Asciinema may also, in the future, offer new services
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and/or features through the Website (including, the release of new tools and
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resources). Such new features and/or services shall be subject to the terms
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and conditions of this Agreement.
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## Termination
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Asciinema may terminate your access to all or any part of the Website at any
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time, with or without cause, with or without notice, effective immediately.
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If you wish to terminate this Agreement or your asciinema.org account (if you
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have one), you may simply discontinue using the Website. All provisions of
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this Agreement which by their nature should survive termination shall survive
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termination, including, without limitation, ownership provisions, warranty
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disclaimers, indemnity and limitations of liability.
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## Disclaimer of Warranties
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The Website is provided "as is". Asciinema and its suppliers and licensors
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hereby disclaim all warranties of any kind, express or implied, including,
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without limitation, the warranties of merchantability, fitness for a
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particular purpose and non-infringement. Neither Asciinema nor its suppliers
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and licensors, makes any warranty that the Website will be error free or that
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access thereto will be continuous or uninterrupted. If you’re actually
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reading this, here’s a treat. You understand that you download from, or
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otherwise obtain content or services through, the Website at your own
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discretion and risk.
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## Limitation of Liability
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In no event will Asciinema, or its suppliers or licensors, be liable with
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respect to any subject matter of this agreement under any contract,
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negligence, strict liability or other legal or equitable theory for: (i) any
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special, incidental or consequential damages; (ii) the cost of procurement
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for substitute products or services; (iii) for interruption of use or loss or
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corruption of data; or (iv) for any amounts that exceed the fees paid by you
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to Asciinema under this agreement during the twelve (12) month period prior
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to the cause of action. Asciinema shall have no liability for any failure or
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delay due to matters beyond their reasonable control. The foregoing shall not
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apply to the extent prohibited by applicable law.
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## General Representation and Warranty
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You represent and warrant that (i) your use of the Website will be in strict
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accordance with the Asciinema Privacy Policy, with this Agreement and with
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all applicable laws and regulations and (ii) your use of the Website will not
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infringe or misappropriate the intellectual property rights of any third
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party.
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## Indemnification
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You agree to indemnify and hold harmless Asciinema, its contractors, and its
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licensors, and their respective directors, officers, employees and agents
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from and against any and all claims and expenses, including attorneys’ fees,
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arising out of your use of the Website, including but not limited to your
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violation of this Agreement.
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## Miscellaneous
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This Agreement constitutes the entire agreement between Asciinema and you
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concerning the subject matter hereof, and they may only be modified by a
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written amendment signed by an authorized executive of Asciinema, or by the
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posting by Asciinema of a revised version. Except to the extent applicable
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law, if any, provides otherwise, this Agreement, any access to or use of the
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Website will be governed by the laws of Poland. Legal venue for any disputes
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arising out of or relating to the same shall be the public court located in
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Kraków, Poland. This Agreement will be binding upon and will inure to the
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benefit of the parties, their successors and permitted assigns.
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-------
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The foundations of this document is based on the same document made available
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by Wordpress.com under the Creative Commons Sharealike license. This
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derivative document is licensed under the [Creative Commons Sharealike
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license](http://creativecommons.org/licenses/by-sa/3.0/).
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