Terms of Use – effective as of 2014-12-22 (December 22nd 2014)

1. General Information Regarding These Terms of Use

Master terms: Unless otherwise noted on a particular site or service,
these master terms of use (“Master Terms”) apply to your use of all of
the websites that Creative Commons Corporation operates, including
http://creativecommons.org, http://wiki.creativecommons.org,
http://openpolicynetwork.org, http://open4us.org,
http://teamopen.cc, http://donate.creativecommons.org, and
http://thepowerofopen.org (the “Websites”), as well as the products,
information, and services provided through the Websites, including the
license chooser and legal tools (together with the Websites, the
“Services”).

Additional terms: In addition to the Master Terms, your use of any
Services may also be subject to specific terms applicable to a
particular Service (“Additional Terms”). If there is any conflict
between the Additional Terms and the Master Terms, then the Additional
Terms apply in relation to the relevant Service.

Collectively, the Terms: The Master Terms, together with any
Additional Terms, form a binding legal agreement between you and
Creative Commons in relation to your use of the
Services. Collectively, this legal agreement is referred to below as
the “Terms.”

Human-readable summary of Sec 1: These terms, together with any
special terms for particular websites, create a contract between you
and Creative Commons. The contract governs your use of all websites
operated by Creative Commons, unless a particular website indicates
otherwise. These human-readable summaries of each section are not
part of the contract, but are intended to help you understand its
terms.

2. Your Agreement to the Terms

YOUR ACCESS TO OR USE OF ANY THE SERVICES (INCLUDING THE LICENSES,
PUBLIC DOMAIN TOOLS, AND CHOOSERS) SIGNIFIES THAT YOU HAVE READ,
UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By accessing or using
any Services you also represent that you have the legal authority to
accept the Terms on behalf of yourself and any party you represent in
connection with your use of any Services. If you do not agree to the
Terms, you are not authorized to use any Services.

Human-readable summary of Sec 2: Please read these terms and only use
our sites and services if you agree to them.

3. Changes to the Terms

From time to time, Creative Commons may change, remove, or add to the
Terms, and reserves the right to do so in its discretion. In that
case, we will post updated Terms and indicate the date of revision. If
we feel the modifications are material, we will make reasonable
efforts to post a prominent notice on the relevant Website(s) and
notify those of you with a current CCID account via email. All new
and/or revised Terms take effect immediately and apply to your use of
the Services from that date on, except that material changes will take
effect 30 days after the change is made and identified as
material. Your continued use of any Services after new and/or revised
Terms are effective indicates that you have read, understood, and
agreed to those Terms.

Human-readable summary of Sec 3: These terms may change. When the
changes are important, we will put a notice on the website. If you
continue to use the sites after the changes are made, you agree to
the changes.

4. No Legal Advice

Creative Commons is not a law firm, does not provide legal advice, and
is not a substitute for a law firm. Sending us an email or using any
of the Services, including the licenses, public domain tools, and
choosers, does not constitute legal advice or create an
attorney-client relationship.

Human-readable summary of Sec 4: Some of us are lawyers, but we
aren’t your lawyer. Please consult your own attorney if you need
legal advice.

5. Content Available through the Services

Provided as-is: You acknowledge that Creative Commons does not make
any representations or warranties about the material, data, and
information, such as data files, text, computer software, code, music,
audio files or other sounds, photographs, videos, or other images
(collectively, the “Content”) which you may have access to as part of,
or through your use of, the Services. Under no circumstances is
Creative Commons liable in any way for any Content, including, but not
limited to: any infringing Content, any errors or omissions in
Content, or for any loss or damage of any kind incurred as a result of
the use of any Content posted, transmitted, linked from, or otherwise
accessible through or made available via the Services. You understand
that by using the Services, you may be exposed to Content that is
offensive, indecent, or objectionable.

You agree that you are solely responsible for your reuse of Content
made available through the Services. You should review the terms of
the applicable license before you use the Content so that you know
what you can and cannot do. Licensing:

CC-Owned Content: Other than the text of Creative Commons licenses,
CC0, and other legal tools and the text of the deeds for all legal
tools (all of which are made available under the CC0 Public Domain
Dedication), Creative Commons trademarks (subject to the Trademark
Policy), and the software code, all Content on the Websites is
licensed under the Creative Commons Attribution 4.0 International
license, unless otherwise marked. See the CC Policies page for more
information.

CC-Owned Code: All of CC’s software code is free software; please
check our code repository for the specific license on software you
want to reuse.

Search Tools: On some of its Websites, Creative Commons provides
website search tools, which return Content based on any license
information our search tools are able to locate and interpret. Those
search tools may return Content that is not CC licensed, and you
should independently verify the terms of the license attached to any
Content you intend to use.

Human-readable summary of Sec 5: We try our best to have useful
information on our sites, but we cannot promise that everything is
accurate or appropriate for your situation. Content on the site is
licensed under CC BY 4.0 unless it says it is available under
different terms. If you find content through a link on our websites,
be sure to check the license terms before using it.

6. Content Supplied by You

Your responsibility: You represent, warrant, and agree that no Content
posted or otherwise shared by you on or through any of the Services
(“Your Content”), violates or infringes upon the rights of any third
party, including copyright, trademark, privacy, publicity, or other
personal or proprietary rights, breaches or conflicts with any
obligation, such as a confidentiality obligation, or contains
libelous, defamatory, or otherwise unlawful material.

Licensing Your Content: You retain any copyright that you may have in
Your Content. You hereby agree that Your Content: (a) is hereby
licensed under the Creative Commons Attribution 4.0 License and may be
used under the terms of that license or any later version of a
Creative Commons Attribution License, or (b) is in the public domain
(such as Content that is not copyrightable or Content you make
available under CC0), or © if not owned by you, (i) is available
under a Creative Commons Attribution 4.0 License or (ii) is a media
file that is available under any Creative Commons license or that you
are authorized by law to post or share through any of the Services,
such as under the fair use doctrine, and that is prominently marked as
being subject to third party copyright. All of Your Content must be
appropriately marked with licensing (or other permission status such
as fair use) and attribution information.

Removal: Creative Commons may, but is not obligated to, review Your
Content and may delete or remove Your Content (without notice) from
any of the Services in its sole discretion. Removal of any of Your
Content from the Services (by you or Creative Commons) does not impact
any rights you granted in Your Content under the terms of a Creative
Commons license.

Human-readable summary of Sec 6: We do not take any ownership of your
content when you post it on our sites. If you post content you own,
you agree it can be used under the terms of CC BY 4.0 or any future
version of that license. If you do not own the content, then you
should not post it unless it is in the public domain or licensed CC
BY 4.0, except that you may also post pictures and videos if you are
authorized to use them under law (e.g., fair use) or if they are
available under any CC license. You must note that information on the
file when you upload it. You are responsible for any content you
upload to our sites.

7. Participating in our Community: Registered Users

By registering for an account through any of the Services, including
CCID (a universal log-in for all Services), you represent and warrant
that you (1) are the age of majority in your jurisdiction (typically
age 18) or, (2) are over the age of 13 and have the express permission
of a legal guardian to obtain an account and to use Services in
connection with the account. Services offered to registered users are
provided subject to these Master Terms and any Additional Terms
specified on the relevant Website(s).

Registration: You agree to (a) only provide accurate and current
information about yourself (though use of an alias or nickname in lieu
of your legal name is encouraged), (b) maintain the security of your
passwords and identification, © promptly update the email address
listed in connection with your account to keep it accurate so that we
can contact you, and (d) be fully responsible for all uses of your
account. You must not set up an account on behalf of another
individual or entity unless you are authorized to do so.

No Membership in CC: Creating a CCID or using any of the related
Websites or Services does not and shall not be deemed to make you a
member, shareholder or affiliate of Creative Commons for any purposes
whatsoever, nor shall you have any of the rights of statutory members
as defined in Sections 2(3) and 3 of Chapter 180 of the General Laws
of Massachusetts.

Termination: Creative Commons reserves the right to modify or
discontinue your account at any time for any reason or no reason at
all.

Human-readable summary of Sec 7: Please do not register for an
account on our sites unless you are 18 years old, or over 13 with the
consent of your parents. CC has the right to end your account at any
time. You are responsible for use of your account. And of course,
please do not set up an account for someone else unless you have
permission to do so. Setting up an account doesn’t make you a member
of CC.

8. Prohibited Conduct

You agree not to engage in any of the following activities:

1. Violating laws and rights:

  • You may not (a) use any Service for any illegal purpose or in
    violation of any local, state, national, or international laws, (b)
    violate or encourage others to violate any right of or obligation to
    a third party, including by infringing, misappropriating, or
    violating intellectual property, confidentiality, or privacy rights.

2. Solicitation:

  • You may not use the Services or any information provided through the
    Services for the transmission of advertising or promotional
    materials, including junk mail, spam, chain letters, pyramid
    schemes, or any other form of unsolicited or unwelcome solicitation.

3. Disruption:

  • You may not use the Services in any manner that could disable,
    overburden, damage, or impair the Services, or interfere with any
    other party’s use and enjoyment of the Services; including by (a)
    uploading or otherwise disseminating any virus, adware, spyware,
    worm or other malicious code, or (b) interfering with or disrupting
    any network, equipment, or server connected to or used to provide
    any of the Services, or violating any regulation, policy, or
    procedure of any network, equipment, or server.

4. Harming others:

  • You may not post or transmit Content on or through the Services that
    is harmful, offensive, obscene, abusive, invasive of privacy,
    defamatory, hateful or otherwise discriminatory, false or
    misleading, or incites an illegal act;
  • You may not intimidate or harass another through the Services; and,
  • You may not post or transmit any personally identifiable information
    about persons under 13 years of age on or through the Services.

5. Impersonation or unauthorized access:

  • You may not impersonate another person or entity, or misrepresent
    your affiliation with a person or entity when using the Services;
  • You may not use or attempt to use another’s account or personal
    information; and,
  • You may not attempt to gain unauthorized access to the Services, or
    the computer systems or networks connected to the Services, through
    hacking password mining or any other means.

Human-readable summary of Sec 8: Play nice. Be yourself. Don’t break
the law or be disruptive.

9. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CREATIVE COMMONS
OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE
SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CREATIVE
COMMONS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH
THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT ANY SERVERS USED BY CC ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. CREATIVE COMMONS DOES NOT WARRANT OR MAKE ANY
REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE
SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Human-readable summary of Sec 9: CC does not make any guarantees
about the sites, services, or content available on the sites.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
CREATIVE COMMONS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY
INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION,
LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES
SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN
CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY
REASON), EVEN IF CREATIVE COMMONS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CREATIVE COMMONS IS
NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT
POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF
INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES,
OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

Certain jurisdictions do not permit the exclusion of certain
warranties or limitation of liability for incidental or consequential
damages, which means that some of the above limitations may not apply
to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND
LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY
APPLICABLE LAW.

Human-readable summary of Sec 10: CC is not responsible for the
content on the sites, your use of our services, or for the conduct of
others on our sites.

11. Indemnification

To the extent authorized by law, you agree to indemnify and hold
harmless Creative Commons, its employees, officers, directors,
affiliates, and agents from and against any and all claims, losses,
expenses, damages, and costs, including reasonable attorneys fees,
resulting directly or indirectly from or arising out of (a) your
violation of the Terms, (b) your use of any of the Services, and/or
© the Content you make available on any of the Services.

Human-readable summary of Sec 11: If something happens because you
violate these terms, because of your use of the services, or because
of the content you post on the sites, you agree to repay CC for the
damage it causes.

12. Privacy Policy

Creative Commons is committed to responsibly handling the information
and data we collect through our Services in compliance with our
Privacy Policy, which is incorporated by reference into these Master
Terms. Please review the Privacy Policy so you are aware of how we
collect and use your personal information.

Human-readable summary of Sec 12: Please read our Privacy Policy. It
is part of these terms, too.

13. Trademark Policy

CC’s name, logos, icons, and other trademarks may only be used in
accordance with our Trademark Policy, which is incorporated by
reference into these Master Terms. Please review the Trademark Policy
so you understand how CC’s trademarks may be used.

Human-readable summary of Sec 13: Please read our Trademark
Policy. It is part of these terms, too.

14. Copyright Complaints

Creative Commons respects copyright, and we prohibit users of the
Services from submitting, uploading, posting, or otherwise
transmitting any Content on the Services that violates another
person’s proprietary rights.

To report allegedly infringing Content hosted on a website owned or
controlled by CC, send a Notice of Infringing Materials as set out in
CC’s Digital Millennium Copyright Act (“DMCA”) Notice & Takedown
Procedure.

Human-readable summary of Sec 14: Please let us know if you find
infringing content on our websites.

15. Termination

By Creative Commons: Creative Commons may modify, suspend, or
terminate the operation of, or access to, all or any portion of the
Services at any time for any reason. Additionally, your individual
access to, and use of, the Services may be terminated by Creative
Commons at any time and for any reason.

By you: If you wish to terminate this agreement, you may immediately
stop accessing or using the Services at any time.

Automatic upon breach: Your right to access and use the Services
(including use of your CCID account) terminates automatically upon
your breach of any of the Terms. For the avoidance of doubt,
termination of the Terms does not require you to remove or delete any
reference to previously-applied CC legal tools from your own Content.

Survival: The disclaimer of warranties, the limitation of liability,
and the jurisdiction and applicable law provisions will survive any
termination. The license grants applicable to Your Content are not
impacted by the termination of the Terms and shall continue in effect
subject to the terms of the applicable license. Your warranties and
indemnification obligations will survive for one year after
termination.

Human-readable summary of Sec 15: If you violate these terms, you may
no longer use our sites.

16. Miscellaneous Terms

Choice of law: The Terms are governed by and construed by the laws of
the State of California in the United States, not including its choice
of law rules.

Dispute resolution: The parties agree that any disputes between
Creative Commons and you concerning these Terms, and/or any of the
Services may only brought in a federal or state court of competent
jurisdiction sitting in the Northern District of California, and you
hereby consent to the personal jurisdiction and venue of such court.

  • If you are an authorized agent of a government or intergovernmental
    entity using the Services in your official capacity, including an
    authorized agent of the federal, state, or local government in the
    United States, and you are legally restricted from accepting the
    controlling law, jurisdiction, or venue clauses above, then those
    clauses do not apply to you. For any such U.S. federal government
    entities, these Terms and any action related thereto will be
    governed by the laws of the United States of America (without
    reference to conflict of laws) and, in the absence of federal law
    and to the extent permitted under federal law, the laws of the State
    of California (excluding its choice of law rules).

No waiver: Either party’s failure to insist on or enforce strict
performance of any of the Terms will not be construed as a waiver of
any provision or right.

Severability: If any part of the Terms is held to be invalid or
unenforceable by any law or regulation or final determination of a
competent court or tribunal, that provision will be deemed severable
and will not affect the validity and enforceability of the remaining
provisions.

No agency relationship: The parties agree that no joint venture,
partnership, employment, or agency relationship exists between you and
Creative Commons as a result of the Terms or from your use of any of
the Services.

Integration: These Master Terms and any applicable Additional Terms
constitute the entire agreement between you and Creative Commons
relating to this subject matter and supersede any and all prior
communications and/or agreements between you and Creative Commons
relating to access and use of the Services.

Human-readable summary of Sec 16: If there is a lawsuit arising from
these terms, it should be in California and governed by California
law. We are glad you use our sites, but this agreement does not mean
we are partners.


Note about Reusing these Terms of Use.

The Creative Commons Terms of Use are dedicated to the public domain
under the
Creative Commons CC0 Public Domain Dedication. You
are free to use and adapt these Master Terms and any applicable
Additional Terms for your own purposes. However, please keep in mind
that these Terms may not be completely suitable for your
situation. Creative Commons strongly encourages you to seek the advice
of your own attorney before repurposing these Terms on your own site.