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- content_for(:title, 'Terms of Service')
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# Terms of Service
The following terms and conditions govern all use of the asciinema.org
website and all content, services and products available at or through the
website, including terminal recording hosting service (taken together,
the Website). The Website is owned and operated by The Asciinema Core Team
("Asciinema"). The Website is offered subject to your acceptance without
modification of all of the terms and conditions contained herein and all
other operating rules, policies (including, without limitation, Asciinemas
Privacy Policy) and procedures that may be published from time to time on
this Site by Asciinema (collectively, the "Agreement").
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
Asciinema, acceptance is expressly limited to these terms. The Website is
available only to individuals who are at least 13 years old.
## Your asciinema.org Account and Site
If you create a user 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 your
account or recordings in a misleading or unlawful manner, including in a
manner intended to trade on the name or reputation of others, and Asciinema
may change or remove any description or keyword that it considers
inappropriate or unlawful, or otherwise likely to cause Asciinema liability.
You must immediately notify Asciinema of any unauthorized uses of your
account or any other breaches of security. Asciinema 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 operate an account, 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 account or recording is not getting advertised via unwanted
electronic messages such as spam links on newsgroups, email lists, other
blogs and web sites, and similar unsolicited promotional methods;
* your account or recording is not named in a manner that misleads your
readers into thinking that you are another person or company. For example,
your accounts or recording'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 Asciinema or otherwise.
By submitting Content to Asciinema for inclusion on the Website, you grant
Asciinema 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 your profile and/or recordings. If you delete
Content, Asciinema 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, Asciinema has
the right (though not the obligation) to, in Asciinemas sole discretion (i)
refuse or remove any content that, in Asciinemas reasonable opinion,
violates any Asciinema 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 Asciinemas sole discretion. Asciinema will have
no obligation to provide a refund of any amounts previously paid.
## Responsibility of Website Visitors
Asciinema has not reviewed, and cannot review, all of the material,
including computer software, posted to the Website, and cannot therefore be
responsible for that materials content, use or effects. By operating the
Website, Asciinema 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.
Asciinema 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
asciinema.org links, and that link to asciinema.org. Asciinema does not have
any control over those non-Asciinema websites and webpages, and is not
responsible for their contents or their use. By linking to a non-Asciinema
website or webpage, Asciinema 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. Asciinema disclaims
any responsibility for any harm resulting from your use of non-Asciinema
websites and webpages.
## Copyright Infringement and Privacy Policy
As Asciinema asks others to respect its intellectual property rights, it
respects the intellectual property rights of others. If you believe that
material located on or linked to by asciinema.org violates your copyright,
you are encouraged to notify Asciinema. Asciinema will respond to all such
notices, including as required or appropriate by removing the infringing
Content or disabling all links to the infringing Content. If a visitor
infringes (once or repeatedly) the copyrights or other intellectual property
rights of Asciinema or others, Asciinema may, in its sole discretion,
terminate or deny access to and use of the Website. In case of such
termination, Asciinema will have no obligation to provide a refund of any
amounts previously paid to Asciinema.
## Intellectual Property
This Agreement does not transfer from Asciinema to you any Asciinema or
third party intellectual property, and all right, title and interest in and
to such property will remain (as between the parties) solely with Asciinema.
Asciinema, asciinema.org, the asciinema.org logo, and all other
trademarks, service marks, graphics and logos used in connection with
asciinema.org, or the Website are trademarks or registered trademarks of
Asciinema or Asciinemas 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 Asciinema or third-party
trademarks.
## Changes
Asciinema 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. Asciinema 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
Asciinema 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 asciinema.org 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". Asciinema 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 Asciinema nor its suppliers
and licensors, makes any warranty that the Website will be error free or that
access thereto will be continuous or uninterrupted. If youre actually
reading this, heres a treat. 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 Asciinema, 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 Asciinema under this agreement during the twelve (12) month period prior
to the cause of action. Asciinema 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.
## General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict
accordance with the Asciinema Privacy Policy, with this Agreement and with
all applicable laws and regulations and (ii) your use of the Website will not
infringe or misappropriate the intellectual property rights of any third
party.
## Indemnification
You agree to indemnify and hold harmless Asciinema, 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.
## Miscellaneous
This Agreement constitutes the entire agreement between Asciinema and you
concerning the subject matter hereof, and they may only be modified by a
written amendment signed by an authorized executive of Asciinema, or by the
posting by Asciinema 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 Poland. Legal venue for any disputes
arising out of or relating to the same shall be the public court located in
Kraków, Poland. This Agreement will be binding upon and will inure to the
benefit of the parties, their successors and permitted assigns.
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