June 15, 2013
Wir von Mozilla sind bestebt Möglichkeiten und Innovationen anzubieten, die dem Nutzer helfen, das volle Potenzial des Weds zu erkennen. Dies ist der Grund, warum wir Webmakerentwickelt haben, eine Seite, mit der Nutzer über die Web-Technologien, Mittels aufarbeiten und Einbringen deren Inhalten, wie auch mit dem Erlauben für anderen, dieses dann mit der Web-Technologie aufzuarbeiten, lernen können.
Als ein Nutzer, ist Ihre Nutzung von Webmaker Gegenstand der Nutzungsbedingungen und Grundlagen dieser Vereinbarung, wie auch sonst wo auf Webmaker angeführten Bedingungen und Regeln (wir beziehen uns auf diese zusammenfassend als "Nutzungsbedingungen").
Mit dem Benutzen von Webmaster, bestätigen Sie, das sie zumindest 18 Jahre alt sind, oder das Sie im Einverständnis und unter Aufsicht Ihrer Eltern argieren und das Sie völlig Rechtsfähig sind, das Vermögen und die Autorität haben, die Nutzungsbedingungen einzuhalten. Wenn es der Fall ist, gilt dies auch für Ihre Mitarbeiter und andere Einheiten, die Sie representieren. (Atma has to comment that such in regard of age and legal capacity does not hold in most EU countries and would wonder if anywhere. How can a incapable person deside such. So the giver is responsible to prove their clients.)
Modifications to the Terms
We reserve the right to change these Terms at our sole discretion, and if we do make material changes, we will notify you of those changes prior to those terms coming into effect.
You will be required to provide information about yourself (such as identification or contact details) to us as part of your registration for and use of Webmaker. We will handle your information as we describe in Webmaker Privacy
You may upload or embed comments, profile pictures and other content as a part of the features of Webmaker (“Your Submissions”). In order to provide you with service - by uploading Your Submissions, you hereby grant us a non-exclusive, worldwide, sublicensable royalty free license to use Your Submissions in connection with the provision and promotion of Webmaker and to provide that content to Mozilla or any successor host or operator of Webmaker.
You acknowledge that as a part of the functionality of Webmaker, some, if not all of Your Submissions may be re-used by others. Because of this, you hereby grant every user of the Webmaker a non-exclusive, worldwide, sublicensable royalty free license to use Your Submissions in connection the functionality available through Webmaker. In the future, we may provide you with options to add Creative Commons or other licensing options with respect to Your Submissions.
You represent and warrant that your use of Webmaker and Your Submissions will NOT: (i) be obscene, or contain graphic depictions of violence or sexuality, (ii) violate the intellectual property, proprietary, publicity, privacy or any other rights of Mozilla or any third party, (iii) be designed to harm Mozilla or other users, (iv) violate any law or regulation, (v) be deceptive or fraudulent, (vi) harm children in any way, (vii) degrade, intimidate, incite violence against, or encourage prejudicial action against someone or a group based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, religion, geographic location or other protected category or constitutes hate speech or (viii) is otherwise objectionable to Mozilla.
Webmaker allows you to create a username as one of Your Submissions. Your username will also provide you with a subdomain based on that username.
You may not impersonate others with your username in a manner that does or is intended to mislead, confuse, or deceive others and we reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. You may not buy or sell usernames or engage in squatting (creating usernames for the purpose of preventing others from using them).
Webmaker provides tools that enable our users to arrange physical meetings at various venues. We do not supervise these meetings and are not involved in any way with the actions of any individuals at these meetings. As a result, we have no control over the identity or actions of the individuals who are present at these meetings, and we request that you exercise caution and good judgment when attending them.
Except for events at which we explicitly state the contrary, you acknowledge that we: (i) do not supervise or control the meetings or interactions between users (sometimes even if the events use the term “Mozilla” or “Moz” in the title), (ii) are not involved in any way with physical transportation to or from meetings or with the actions of any individuals at those meetings, (iii) do not control users or have the ability to verify the true identity, age, nationality or other information of users and (iv) do not control the quality, safety, morality, legality, truthfulness or accuracy of meetings or people attending them.
Digital Millennium Copyright Act Notice
If you are a copyright owner or an agent of a copyright owner and believe that content available by means of one of Mozilla’s websites infringes one or more of your copyrights, please immediately notify Mozilla’s Copyright Agent by means of emailed, mailed, or faxed notice ("DMCA Notice") and include the information described below. You can review 17 U.S.C. § 512(c)(3) of the Digital Millennium Copyright Act for authoritative detail, or consult your own attorney if you need assistance. If Mozilla takes action in response to a DMCA Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Mozilla. You may be held liable for damages based on certain material misrepresentations contained in a DMCA Notice. Thus, if you are not sure content located on or linked to by the website infringes your copyright, you should consider first contacting an attorney.
All DMCA Notices should include the following:
- A signature, electronic or physical, of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright right that is being infringed;
- An identification of the copyrighted work or works that you claim have been infringed;
- A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Mozilla to find and positively identify that content, including the URL where it is located;
- Your name, address, telephone number, and email address where we can contact you; and
- A statement by you: (i) that you believe in good faith that the use of the material that you claim infringes your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) that all of the information contained in your DMCA Notice is accurate, and under penalty of perjury, that you are either the owner of, or a person authorized to act on behalf an owner of, the exclusive copyright right that is being infringed.
Mozilla's designated Copyright Agent to receive notifications of claimed infringement is as follows:Office of the General Counsel
331 E. Evelyn Ave.
Mountain View, CA 94041
Email: dmcanotice at mozilla dot com
Phone Number: 650-903-0800
If you fail to comply with all of the requirements of a DMCA notice, Mozilla may not act upon your notice.
Mozilla will terminate a user's account if, under appropriate circumstances, they are determined to be a repeat infringer.
The contact information provided above also applies to notices that are based on non-U.S. copyrights or trademarks.
Only DMCA Notices, Trademark Notices (which are defined below), and international copyright or trademark notices should go to the copyright agent.
Please be advised that any DMCA Notices sent to Mozilla may be sent to third parties (including the accused) and posted on the Internet (including at http://www.chillingeffects.org/).
The Terms will continue to apply until terminated by either you or Mozilla.
You may end your legal agreement with Mozilla regarding Webmaker at any time for any reason by deactivating your accounts and discontinuing your use of Webmaker. You do not need to specifically inform Mozilla when you stop using Webmaker. If you stop using Webmaker without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.
We may suspend or terminate your accounts or cease providing you with all or part of Webmaker at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of Webmaker to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use Webmaker, except that the following sections shall continue to apply: Release and Indemnification, Disclaimer; Limitation of Liability, Governing Law, Miscellaneous.
In addition, Mozilla may stop (permanently or temporarily) providing Webmaker (or any of its features) to you or to users generally and may not be able to provide you with prior notice.
General Representation and Warranty
You represent and warrant that your use of Webmaker will be in accordance with these Terms, with any applicable laws and regulations, and with any other applicable policy or terms and conditions.
Release and Indemnification
You release Mozilla, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other users, including with respect to any meetings you may wish to attend. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
You agree to defend, indemnify and hold harmless Mozilla, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all third party claims and expenses, including attorneys' fees, arising out of your use of Webmaker, including but not limited to out of your violation of any representation or warranty contained in these Terms.
Disclaimer; Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY STATED, INCLUDING BUT NOT LIMITED TO IN A LICENSE OR OTHER AGREEMENT GOVERNING THE USE OF SPECIFIC CONTENT, ALL CONTENT LOCATED AT OR AVAILABLE FROM WEBMAKER IS PROVIDED "AS IS," AND MOZILLA, ITS CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, MOZILLA, ITS CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY THAT CONTENT LOCATED ON WEBMAKER IS FREE FROM ERROR OR SUITABLE FOR ANY PURPOSE; NOR THAT THE USE OF SUCH CONTENT WILL NOT INFRINGE ANY THIRD PARTY COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH MOZILLA'S WEBSITES AT YOUR OWN DISCRETION AND RISK, AND THAT MOZILLA, ITS CONTRACTORS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT.
EXCEPT AS OTHERWISE EXPRESSLY STATED, INCLUDING BUT NOT LIMITED TO IN A LICENSE OR OTHER AGREEMENT GOVERNING THE USE OF SPECIFIC CONTENT, IN NO EVENT WILL MOZILLA, ITS CONTRACTORS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF WEBMAKER, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEB SITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF MOZILLA, ITS CONTRACTORS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder. You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating any claims or disputes.
You may not assign your rights or delegate its obligations under these Terms. These Terms are not intended to benefit, nor shall it be deemed to give rise to, any rights in any third party. Our relationship is that of independent contractors: these Terms shall not be construed to create a joint venture or partnership between the parties. Neither party shall be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. These Terms supersede, and govern, any other prior or collateral agreements with respect to the subject matter hereof. If any provision of these Terms are held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of these Terms, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties hereto and has like economic effect. The failure of either party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce the same. No waiver by either party of the breach of any term or covenant contained in these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such breach or a waiver of the breach of any other term or covenant contained in these Terms.