terms of service

the following terms of service document is based on the one from the kind folks at Dreamwidth Studios.

Wesley Aptekar-Cassels ("thoughts.page", "we", "us", "our") presents the following terms and conditions, which govern your use of the thoughts.page site (Website), and all content, services and products available at or through the Website, including but not limited to https://thoughts.page.

the Website is offered subject to your acceptance, without modification, of all of the terms and conditions contained within, along with all other operating rules, policies (including, without limitation, the thoughts.page privacy policy) and procedures that may be published from time to time on this Website by thoughts.page (collectively, the Agreement).

please read this Agreement carefully before accessing or using the Website. by accessing or using any part of the Website, you agree that you are 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 thoughts.page, acceptance is expressly limited to these terms. the Website is available only to individuals who are at least 13 years old.

if you operate an account, comment on 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, also known as "Content"), you are entirely responsible for that Content and any harm that may result from it. that is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, or computer software.

ยง1. your account

if you create an account on the Website, you are responsible for maintaining the security of your account. you are responsible for all activities that occur under the account and any other actions taken in connection with the account. you must take reasonable steps to guard the security of your account. thoughts.page will not be liable for any acts or omissions resulting from a breach of security, including any damages of any kind incurred as a result of such acts or omissions.

ยง2. account structure

thoughts.page currently has a tiered account structure.

payments to thoughts.page, for account services or for any other purpose, are refundable or transferable solely at the discretion of thoughts.page.

by using this Service, you agree to this account structure, and to thoughts.page's right to change, modify, or discontinue any type of account or the features available to it at any time.

ยง3. privacy policy

your use of the Website is governed by the Privacy Policy, currently located at https://thoughts.page/privacy.

ยง4. indemnity

you agree to indemnify and hold harmless thoughts.page 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 out of your violation of this Agreement.

ยง5. termination

thoughts.page may terminate your access to all or any part of the Website at any time, at our sole discretion, if we believe that you have violated this Agreement. you agree that any termination of your access to the Website may involve removing or discarding any content you have provided. we may, at our sole discretion, discontinue providing the Website at any time, with or without notice.

if you wish to terminate this Agreement, you may request the deletion of your account by emailing me@wesleyac.com, and cease using the Website. you agree that, upon deletion of your account, we may, but are not required to, remove any content you have provided, at any time past the deletion of your account.

paid accounts that are terminated for violations of this Agreement will only be refunded at our discretion, and only if such termination should come under our established criteria for issuing refunds.

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.

ยง6. license to reproduce content

by submitting Content to us for inclusion on the Website, you grant us 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 contents of your account, including through downloadable clients and external feeds.

if you delete Content, we 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.

ยง7. account content

you agree to the following provisions for posting Content to the Website:

  1. we claim no ownership or control over any Content that you post to the Website. you retain any intellectual property rights to the Content you post, in accordance with applicable law. by posting Content, you represent that you have the rights to reproduce that Content (and the right to allow us to serve such Content) without violation of the rights of any third party. you agree that you will bear any liability resulting from the posting of any Content that you do not have the rights to post.
  2. all Content posted to the Website in any way is the responsibility of the owner. within the confines of international and local law, we will generally not place a restriction on the type or appropriateness of any Content. if Content is deemed illegal by any law having jurisdiction over you, you agree that we may submit any necessary information to the proper authorities.
  3. we do not pre-screen Content. however, you acknowledge that we have the right (but not the obligation), in our sole discretion, to remove or refuse to remove any Content from the service.
  4. if any Content you have submitted is reported to us as violating this Agreement, you agree that we may call upon you to change, modify, or remove that Content, within a reasonable amount of time, as defined by us. if you do not follow this directive, we may terminate your account.

ยง8. 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 we, any user, or any provider of Content links, or that link to us. we do not have any control over those websites and webpages, and are not responsible for their contents or their use. by linking to an external website or webpage, we do not represent or imply that we endorse 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. we disclaim any responsibility for any harm resulting from your use of external websites and webpages, whether that link is provided by us or by any provider of Content on the Website.

ยง9. no resale of services

you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, use of the Website, or access to the Website.

ยง10. exposure to Content

you agree that by using the service, you may be exposed to Content you find offensive or objectionable. if such Content is reported to us, it will be our sole discretion as to what action, if any, should be taken.

ยง11. member conduct

You agree that you will not use the Website to:

  1. upload, post, or otherwise transmit any Content that is harmful, threatening, abusive, hateful, invasive to the privacy and publicity rights of any person, or that violates any applicable local, state, national, or international law, including any regulation having the force of law;
  2. upload, post, or otherwise transmit any Content that is spam, or contains 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);
  3. maliciously impersonate any real person or entity, or to otherwise misrepresent your affiliation with any person or entity;
  4. upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  5. upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  6. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  7. solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users;
  8. provide any material that is illegal under United States law;
  9. upload, post or otherwise transmit any Content that contains viruses, worms, malware, trojan horses or other harmful or destructive content;
  10. allow usage by others in such a way as to violate this Agreement;
  11. make excessive or otherwise harmful automated use of the Website;
  12. access any other person's account, or exceed the scope of the Website that you have signed up for; for example, accessing and using features you don't have a right to use.

ยง12. copyright infringement

if you believe that material located on the Website violates your copyright, you may notify us in accordance with our Digital Millennium Copyright Act ('DMCA') Policy. we will respond to all such notices as required by law, including by removing the infringing material or disabling access to the infringing material. as set forth by law, we will, in our sole discretion, terminate or deny access to the Website to users of the site who have repeatedly infringed upon the copyrights or intellectual property rights of others.

ยง13. changes

we reserve the right, at our sole discretion, to modify or replace any part of this Agreement at any time. we will take reasonable steps to notify you of any substantial changes to this Agreement; however, 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.

we 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.

ยง14. disclaimer of warranties

this Website is provided "as is". thoughts.page 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 thoughts.page, nor its suppliers and licensors, makes any warranty that the Website will be error free or that access to the Website will be continuous or uninterrupted. you agree that any interruptions to the service will not qualify for reimbursement or compensation. you understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

no advice or information, whether oral or written, obtained by you in any fashion shall create any warranty not expressly stated in this Agreement.

ยง15. limitation of liability

you expressly understand and agree that in no event will thoughts.page, 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 or substitute products or services; (iii) interruption of use or loss or corruption of data; (iv) any statements or conduct of any third party on the service; or (v) any unauthorized access to or alterations of your Content. we shall have no liability for any failure or delay due to matters beyond our reasonable control.

The foregoing shall not apply to the extent prohibited by applicable law.

ยง16. general information

this Agreement constitutes the entire agreement between us and you concerning your use of the Website. this Agreement may only be modified by a written amendment signed by an authorized representative of thoughts.page, or by the posting of a revised version to this location. except to the extent that applicable law (if any) provides otherwise, any dispute arising between you and thoughts.page regarding these Terms of Service and/or your use or access of the Website will be governed by the laws of the state of California and the federal laws of the United States of America, excluding any conflict of law provisions. you agree to submit to the jurisdiction of the state and federal courts located in Sacramento, California for any disputes arising out of or relating to your use of the Website or your acceptance of this Agreement.

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.

the section titles in this Agreement are for convenience only and have no legal or contractual effect.

ยง17. reporting violations

to report a violation of this Agreement, please email me@wesleyac.com.

ยง18. creative commons

this Terms of Service document is based on one developed by Dreamwidth Studios (https://www.dreamwidth.org/legal/tos), which is in turn based on one developed by Automattic (http://wordpress.com/tos/) and is licensed under a Creative Commons Attribution-ShareAlike 2.5 License.

Last revised april 14th, 2021