We (the folks who provide and manage Puppet Post) run a puppetry community mailing list, and we would love for you to use it, under the guidence of our rules of etiquette.
This document is adapted from Automattic's WordPress Terms of Service, which has been made available under a Creative Commons Sharealike license.
Terms of Service:
We refer to the Atlanta Puppetry Guild (Puppet Post primary sponsor and provider of the web hosting for Puppet Post) and the Puppet Post administrators and moderators collectively as "Puppet Post" or "we" throughout this agreement.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Puppet Post, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
1. Mailing List Access and Usage
- Email Account. Use of our Services requires an email account. We do not provide email accounts or email services of any kind, other than our mailing list. You are solely responsible for your own email account, and you will be solely responsible and liable for any activity that occurs on the mailing list coming from your email account. You are responsible for keeping your password secure.
- Mailing List Account. When you subscribe to Puppet Post you will have an account on the mailing list server. 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 mailing list. You must immediately notify Puppet Post of any unauthorized uses of your account, or any other breaches of security. Puppet Post 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 post to the mailing list, including but not limited to sending new posts, sharing materials or links of any kind, or commenting on previous posts (herein referred to as "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Pupept Post, you represent and warrant that your Content and conduct do not violate these Terms and make a reasonable attempt to follow our Rules of Etiquette. By submitting Content to Puppet Post for retransmission on the mailing list, you grant Puppet Post a world-wide, royalty-free, irrevocable and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of sharing and/or distributing it to the other members of the mailing list, including but not limited to email transmission and storage in and display from the mailing list archives. This license allows Puppet Post to make publicly-posted content available to third parties selected by Puppet Post so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other Puppet Post users permission to share your Content in their replies or other posts made to the Puppet Post mailing list and add their own Content to it, so long as they give you credit as the original author. Without limiting any of those representations or warranties, Puppet Post has the right (though not the obligation) to, in Puppet Post’s sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in Puppet Post's reasonable opinion, violates any Puppet Post policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Puppet Post to any individual or entity for any reason. Puppet Post will have no obligation to provide a refund of any amounts previously paid.
2. Responsibility of Visitors.
Puppet Post has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Puppet Post 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. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services 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. Puppet Post disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
3. 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 Puppet Post links, and that link to Puppet Post. Puppet Post does not have any control over those non-Puppet Post websites, and is not responsible for their contents or their use. By linking to a non-Puppet Post website, Puppet Post does not represent or imply that it endorses such website. 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. Puppet Post disclaims any responsibility for any harm resulting from your use of non-Puppet Post websites and webpages.
4. Copyright Infringement and DMCA Policy.
As Puppet Post asks others to respect its intellectual property rights, it respects the intellectual property rights of others. By nature, there is no way to delete or otherwise take back a posting made to a mailing list, but if you believe that Content sent in a Puppet Post mailing list post violates your copyright, please contact us. We will review all requests and if deemd to be legitimate and reasonable, we will work to remove the infringing material from the list's archives. In addition, Puppet Post will terminate a member's access to and use of the mailing list if, under appropriate circumstances, the member is determined to be a repeat infringer of the copyrights or other intellectual property rights of Puppet Post or others. In the case of such termination, Puppet Post will have no obligation to provide a refund of any amounts previously paid to Puppet Post.
5. Intellectual Property.
This Agreement does not transfer from Puppet Post to you any Puppet Post or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Puppet Post. Puppet Post is a trademark of Puppet Post. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Puppet Post or third-party trademarks.
We may periodically update our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on the mailing list and to the Puppet Post website before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Puppet Post may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Puppet Post account (if you have one), you may simply discontinue using our Services. 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.
8. Disclaimer of Warranties.
Our Services are provided “as is.” Puppet Post 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 Puppet Post, nor the Atlanta Puppetry Guild, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
9. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Georgia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Fulton County, Georgia.
10. Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Marietta, Georgia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
11. Limitation of Liability.
In no event will Puppet Post, 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 Puppet Post under this Agreement during the twelve (12) month period prior to the cause of action. Puppet Post 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.
12. General Representation and Warranty.
You represent and warrant that your use of our Services:
- Will be in strict accordance with this Agreement;
- Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
- Will not infringe or misappropriate the intellectual property rights of any third party.
13. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Puppet Post reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Puppet Post, its contractors, and its licensors, and their respective directors, officers, employees, and agents (including but not limited to its moderators, administrators, and sponsors) from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Puppet Post and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Puppet Post, or by the posting by Puppet Post of a revised version.
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.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Puppet Post may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.