Changes to the terms, including numerous suggestions from Dan Hedley, for which I am most grateful
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@ -8,10 +8,12 @@ These words and phrases have the following meanings in these terms:
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"We" (and "us", and "our"): [the operator[s] of the Service / include a personal or legal entity name].
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"We" (and "us", and "our"): [the operator[s] of the Service / include a personal or legal entity name].
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"You" (and "your"): the person who accepted these terms (or an updated version of them) when you registered an account to use the Service.
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"You" (and "your"): the person who accepted these terms (or a previous or updated version of them).
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"Content": anything which someone (you, or anyone else) uploads to the Service, or which is visible to you because of your use of the Service. This can include text (including profile information), audio, images, videos, and polls, or a combination of these.
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"Content": anything which someone (you, or anyone else) uploads to the Service, or which is visible to you because of your use of the Service. This can include text (including profile information), audio, images, videos, and polls, or a combination of these.
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"Team": our moderators, administors, support staff, and everyone else involved in any aspect of the Service.
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"Acceptable Use Policy": the policy at [url], which sets out permitted and prohibited Content.
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"Acceptable Use Policy": the policy at [url], which sets out permitted and prohibited Content.
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"Moderation Policy": the policy at [url], which sets out our approach to moderation of the Service.
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"Moderation Policy": the policy at [url], which sets out our approach to moderation of the Service.
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@ -41,29 +43,31 @@ You can use the Service without paying us anything. This is a free service, whic
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This means that:
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This means that:
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* While we try to maintain and operate the Service, we make no promises that it will always be available for you to use or functioning (correctly or at all), nor that it will be fault-free.
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* While we try to maintain and operate the Service, we make no promises that it will always be available for you to use or functioning (correctly or at all), nor that it will be fault-free.
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* We may suspend, limit, or cease to operate any or all of the Service, or your access to it, or vary its functionality, at any time, without notice. [If this is too aggressive, you could restrict this to, say, security incidents, breaches of these terms, or where required by law.]
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* We may suspend, limit, or cease to operate any or all of the Service, or your access to it, or vary its functionality, at any time and for any reason, with or without notice. [If this is too aggressive, you could restrict this to, say, security incidents, breaches of these terms, where required by law, or if the Service is to be discontinued.]
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* We will try to moderate the Service [in line with the Moderation Policy] but we make no promises that we will but we are not liable to you if we do not do so, including if you see something which you do not like.
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* We will try to moderate the Service [in line with the Moderation Policy] but we make no promises that we will and we are not liable to you if we do not do so, including if you see any Content, or experience any behaviour, which is contrary to the Moderation Policy or otherwise problematic.
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* All conditions, warranties or terms which might have effect between you and us, or be implied or incorporated into these terms (whether by statute, common law or otherwise) are excluded to the extent permitted by law, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
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* All conditions, warranties or terms which might have effect between you and us, or be implied or incorporated into these terms (whether by statute, common law or otherwise) are excluded to the extent permitted by law, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
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* We do not limit or exclude our liability in any way prohibited by law but, other than that, to the greatest extent permitted by law, we will not be liable to you for any claim, damages or other liability, whether contractual or non-contractual, arising from, out of, or in connection with, these terms or the Service.
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* We do not limit or exclude our liability in any way prohibited by law but, other than that, to the greatest extent permitted by law, neither we nor our Team will be liable to you or anyone else for any claim, damages or other liability, whether contractual or non-contractual, arising from, out of, or in connection with, these terms or the Service. You acknowledge and agree that this exclusion of liability is an essential element of the relationship between us, enabling us to provide the Service, and that we would not provide the Service but for this exclusion.
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## Things you must do, and consequences if you do not
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## Things you must do, and consequences if you do not
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You must do all of the following:
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You must do all of the following:
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* comply with the Acceptable Use Policy
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* Comply with the Acceptable Use Policy.
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* comply with all laws, in whatever jurisdictions, which apply to you and your use of the Service
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* Comply with all laws, in whatever jurisdictions, which apply to you and your use of the Service.
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* not do anything which puts us in breach of any laws, in whatever jurisdictions, which apply to the Service
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* Not do anything which puts us in breach of any laws, in whatever jurisdictions, which apply to the Service.
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* only upload Content in respect of which you have the rights to grant us the licence set out below
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* Only upload Content in respect of which you have the rights to grant us the licence set out below.
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* behave at all times in a polite and professional manner towards us and our staff (including our moderators), and respond promptly to any communications from them
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* Behave at all times in a polite and professional manner towards us and our Team, and respond promptly to any communications from them.
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If you do not do these things, or if we are required by law to do so, we may do some or all of the following:
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If you do not do these things, or if we are required by law to do so, we may do some or all of the following:
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* send you a warning or reminder
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* Send you a warning or reminder.
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* require you to take remedial action promptly in respect of some or all of your Content
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* Require you to take remedial action promptly in respect of some or all of your Content.
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* delete, or change the visibility of, some or all of your Content
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* Delete, or change the visibility of, some or all of your Content.
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* suspend or limit your access to the Service
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* Suspend or limit your access to the Service.
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* terminate your account
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* Terminate your account.
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* share your Content and information that we hold about you with courts and law enforcement agencies, if we reasonably believe that it is necessary for us to do so to safeguard ourselves, the Service, other users of the Service, or you
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* Share your Content and information that we hold about you with courts and law enforcement agencies, if we reasonably believe that it is necessary for us to do so to safeguard ourselves, the Service, other users of the Service, or you.
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To the greatest extent permitted by law, all of our decisions are final.
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## How we host, share, and remove your Content
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## How we host, share, and remove your Content
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@ -113,6 +117,9 @@ We may assign, transfer, sub-contract or deal in any other manner with any of ou
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Nothing in these terms establishes any partnership, joint venture, or agency between you and us.
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Nothing in these terms establishes any partnership, joint venture, or agency between you and us.
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Except for our Team, all of whom are intended to have the benefit of the exclusions of liability in these terms, no-one other than you or us has any rights under these terms and has any right to enforce these terms.
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## Country-specific terms
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## Country-specific terms
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[insert any country or situation specific terms]
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[insert any country or situation specific terms]
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