Legal Notices
We, the Operators of this Website and/or App, Android and/or Apple, provide it as a public service to our users. Please carefully review the following basic rules that govern your use of the Website and/or App, Android and/or Apple. Please note that your use of the Website and/or App, Android and/or Apple constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you (the “User”) do not agree to them, do not use the Website and/or App, Android and/or Apple, provide any materials to the Website and/or App, Android and/or Apple or download any materials from them. The Operators reserve the right to update or modify these Terms and Conditions at any time without prior notice to User. Your use of the Website and/or App, Android and/or Apple following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the Website and/or App, Android and/or Apple. These Terms and Conditions of Use apply to the use of the Website and/or App, Android and/or Apple and do not extend to any linked third party sites. These Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference, contain the entire agreement (the “Agreement”) between you and the Operators with respect to the Website and/or App, Android and/or Apple. Any rights not expressly granted herein are reserved.
Permitted and Prohibited Uses
You may use the the Website and/or App, Android and/or Apple for the sole purpose of sharing and exchanging ideas with other Users. You may not use the the Website and/or App, Android and/or Apple to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data. You may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose via the the Website and/or App, Android and/or Apple any information the disclosure of which would constitute a violation of any confidentiality obligations you may have. You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website and/or App, Android and/or Apple’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website and/or App, Android and/or Apple. You are strictly prohibited from communicating on or through the Website and/or App, Android and/or Apple any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You are expressly prohibited from compiling and using other Users’ personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website and/or App, Android and/or Apple, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means. You also are expressly prohibited from distributing Users’ personal information to third-party parties for marketing purposes. The Operators shall deem the compiling of marketing and mailing lists using Users’ personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users’ personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the Operators reserve the right to terminate or suspend your access to and use of the Website and/or App, Android and/or Apple and to suspend or revoke your membership in the consortium without refund of any membership dues paid. The Operators note that unauthorized use of Users’ personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. The Operators reserve the right to report the abuse of Users’ personal information to the appropriate law enforcement and government authorities, and the Operators will fully cooperate with any authorities investigating violations of these laws.
User Submissions
The Operators do not want to receive confidential or proprietary information from you through the Website and/or App, Android and/or Apple. Any material, information, or other communication you transmit or post (“Contributions”) to the Website and/or App, Android and/or Apple will be considered non-confidential. All contributions to this site are licensed by you under the MIT License to anyone who wishes to use them, including the Operators. If you work for a company or at a University, it’s likely that you’re not the copyright holder of anything you make, even in your free time. Before making contributions to this site, get written permission from your employer.
User Discussion Lists and Forums
The Operators may, but are not obligated to, monitor or review any areas on the Website and/or App, Android and/or Apple where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. The Operators, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Operators may edit or remove content on the the Website and/or App, Android and/or Apple at their discretion at any time.
Use of Personally Identifiable Information
Information submitted to the Website and/or App, Android and/or Apple is governed according to the Operators’s current Privacy Policy and the stated license of this Website and/or App, Android and/or Apple. You agree to provide true, accurate, current, and complete information when registering with the Website and/or App, Android and/or Apple. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provides any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Website and/or App, Android and/or Apple. Although sections of the Website and/or App, Android and/or Apple may be viewed simply by visiting the Website and/or App, Android and/or Apple, in order to access some Content and/or additional features offered at the Website and/or App, Android and/or Apple, you may need to sign on as a guest or register as a member. If you create an account on the Website and/or App, Android and/or Apple, you may be asked to supply your name, address, a User ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Website and/or App, Android and/or Apple using your account or User ID. You grant the Operators and all other persons or entities involved in the operation of the Website and/or App, Android and/or Apple the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website and/or App, Android and/or Apple and in the provision of services to you. The Operators cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Website and/or App, Android and/or Apple. To learn more about how we protect the privacy of the personal information in your account, please visit our Privacy Policy.
Indemnification
You agree to defend, indemnify and hold harmless the Operators, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of the Website and/or App, Android and/or Apple, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.
Termination
These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the Website and/or App, Android and/or Apple. If you are dissatisfied with the Website and/or App, Android and/or Apple, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website and/or App, Android and/or Apple. The Operators reserve the right to terminate or suspend your access to and use of the Website and/or App, Android and/or Apple, or parts of the Website and/or App, Android and/or Apple, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the Operators have reason to believe that you are in violation of these Terms and Conditions of Use.
WARRANTY DISCLAIMER
THE Website and/or App, Android and/or Apple AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTY THAT THE Website and/or App, Android and/or Apple WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE Website and/or App, Android and/or Apple WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE OPERATORS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Website and/or App, Android and/or Apple. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Website and/or App, Android and/or Apple OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE Website and/or App, Android and/or Apple. IN NO EVENT SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE Website and/or App, Android and/or Apple, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Website and/or App, Android and/or Apple IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. THE OPERATORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE Website and/or App, Android and/or Apple. YOUR PARTICIPATION IN THE Website and/or App, Android and/or Apple IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OPERATORS OR THROUGH THE OPERATORS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE THE Website and/or App, Android and/or Apple, THAT YOUR USE OF THE Website and/or App, Android and/or Apple IS AT YOUR SOLE RISK. LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THE Website and/or App, Android and/or Apple OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE Website and/or App, Android and/or Apple OR FOR ANY INFORMATION OBTAINED THROUGH THE Website and/or App, Android and/or Apple, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE OPERATORS’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE Website and/or App, Android and/or Apple WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE OPERATORS WOULD NOT PROVIDE THE Website and/or App, Android and/or Apple ABSENT SUCH LIMITATION.
General
The Website and/or App, Android and/or Apple is hosted in the United States. The Operators make no claims that the Content on the Website and/or App, Android and/or Apple is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website and/or App, Android and/or Apple from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. A party may give notice to the other party only in writing at that party’s principal place of business, attention of that party’s principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of the Operators to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit the Operators’ rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or User’s use of the Website and/or App, Android and/or Apple must be brought in the courts of Belgium, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of the Website and/or App, Android and/or Apple must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.
Links to Other Materials
The Website and/or App, Android and/or Apple may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that the Operators offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and the Operators reserve the right to note its lack of affiliation, sponsorship, or endorsement on the Website and/or App, Android and/or Apple. If you decide to access any of the third party sites linked to by the Website and/or App, Android and/or Apple, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, the Operators cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
Notification Of Possible Copyright Infringement
In the event you believe that material or content published on the Website and/or App, Android and/or Apple may infringe on your copyright or that of another, please contact us.
Activity
This feature only records activities of a site’s registered users, and the retention duration of activity data will depend on the site’s plan and activity type.
Data Used: To deliver this functionality and record activities around site management, the following information is captured: user email address, user role, user login, user display name, WordPress.com and local user IDs, the activity to be recorded, the WordPress.com-connected site ID of the site on which the activity takes place, the site’s Jetpack version, and the timestamp of the activity. Some activities may also include the actor’s IP address (login attempts, for example) and user agent.
Activity Tracked: Login attempts/actions, post and page update and publish actions, comment/pingback submission and management actions, plugin and theme management actions, widget updates, user management actions, and the modification of other various site settings and options. Retention duration of activity data depends on the site’s plan and activity type. See the complete list of currently-recorded activities (along with retention information).
Data Synced (?): Successful and failed login attempts, which will include the actor’s IP address and user agent.
Ads
This feature is only available to sites on the Premium and Professional plans.
Data Used: The following information (made available from the visitor’s browser) is collected and sent to Automattic’s Demand Partners: IP address, geographical data (derived from the IP address), user agent, operating system, device type, unique user ID (randomly generated identifier), current URL, and IAB (Interactive Advertising Bureau) interest category. Log data (IP address, geographical data, user agent, operating system, device type) is stored for 30 days. The unique user ID is stored in cookies and is retained for 1 year.
Activity Tracked: Ad impressions, video-related events (i.e. pause, mute, 100% plays, etc.) or errors, and ad click events. Various cookies are used for the following purposes: delivering targeted advertisements to specific visitors, storing user identifiers, and collecting anonymous ad platform stats.
Comment Likes
This feature is only accessible to users logged in to WordPress.com.
Data Used: In order to process a comment like, the following information is used: WordPress.com user ID/username (you must be logged in to use this feature), the local site-specific user ID (if the user is signed in to the site on which the like occurred), and a true/false data point that tells us if the user liked a specific comment. If you perform a like action from one of our mobile apps, some additional information is used to track the activity: IP address, user agent, timestamp of event, blog ID, browser language, country code, and device info.
Activity Tracked: Comment likes.
Gravatar Hovercards
Data Used: This feature will send a hash of the user’s email address (if logged in to the site or WordPress.com — or if they submitted a comment on the site using their email address that is attached to an active Gravatar profile) to the Gravatar service (also owned by Automattic) in order to retrieve their profile image.
Infinite Scroll
Data Used: In order to record page views via WordPress.com Stats (which must be enabled for page view tracking here to work) with additional loads, the following information is used: IP address, WordPress.com user ID (if logged in), WordPress.com username (if logged in), user agent, visiting URL, referring URL, timestamp of event, browser language, country code.
Activity Tracked: Page views will be tracked with each additional load (i.e. when you scroll down to the bottom of the page and a new set of posts loads automatically). If the site owner has enabled Google Analytics to work with this feature, a page view event will also be sent to the appropriate Google Analytics account with each additional load.
Likes
This feature is only accessible to users logged in to WordPress.com.
Data Used: In order to process a post like action, the following information is used: IP address, WordPress.com user ID, WordPress.com username, WordPress.com-connected site ID (on which the post was liked), post ID (of the post that was liked), user agent, timestamp of event, browser language, country code.
Activity Tracked: Post likes.
Notifications
This feature is only accessible to registered users of the site who are logged in to WordPress.com.
Data Used: IP address, WordPress.com user ID, WordPress.com username, WordPress.com-connected site ID and URL, Jetpack version, user agent, visiting URL, referring URL, timestamp of event, browser language, country code. Some visitor-related information or activity may be sent to the site owner via this feature. This may include: email address, WordPress.com username, site URL, email address, comment content, follow actions, etc.
Activity Tracked: Sending notifications (i.e. when we send a notification to a particular user), opening notifications (i.e. when a user opens a notification that they receive), performing an action from within the notification panel (e.g. liking a comment or marking a comment as spam), and clicking on any link from within the notification panel/interface.
Protect
Data Used: In order to check login activity and potentially block fraudulent attempts, the following information is used: attempting user’s IP address, attempting user’s email address/username (i.e. according to the value they were attempting to use during the login process), and all IP-related HTTP headers attached to the attempting user.
Activity Tracked: Failed login attempts (these include IP address and user agent). We also set a cookie (jpp_math_pass) for 1 day to remember if/when a user has successfully completed a math captcha to prove that they’re a real human. Learn more about this cookie.
Data Synced (?): Failed login attempts, which contain the user’s IP address, attempted username or email address, and user agent information.
Search
This feature is only available to sites on the Professional plan.
Data Used: Any of the visitor-chosen search filters and query data in order to process a search request on the WordPress.com servers.
Sharing
Data Used: When sharing content via email (this option is only available if Akismet is active on the site), the following information is used: sharing party’s name and email address (if the user is logged in, this information will be pulled directly from their account), IP address (for spam checking), user agent (for spam checking), and email body/content. This content will be sent to Akismet (also owned by Automattic) so that a spam check can be performed. Additionally, if reCAPTCHA (by Google) is enabled by the site owner, the sharing party’s IP address will be shared with that service. You can find Google’s privacy policy here.
Simple Payments
This feature is only available to sites on the Premium and Professional plans, and the actual payment processing is handled by PayPal.
Data Used: Transaction amount, transaction currency code, product title, product price, product ID, order quantity, PayPal payer ID, and PayPal transaction ID.
Activity Tracked: The PayPal payer ID, transaction ID, and HTTP referrer are sent with a payment completion tracking event that is attached to the site owner.
Data Synced (?): PayPal transaction ID, PayPal transaction status, PayPal product ID, quantity, price, customer email address, currency, and payment button CTA text.
Because payments are processed by PayPal, we recommend reviewing its privacy policy.
Subscriptions
Data Used: To initiate and process subscriptions, the following information is used: subscriber’s email address and the ID of the post or comment (depending on the specific subscription being processed). In the event of a new subscription being initiated, we also collect some basic server data, including all of the subscribing user’s HTTP request headers, the IP address from which the subscribing user is viewing the page, and the URI which was given in order to access the page (REQUEST_URI and DOCUMENT_URI). This server data used for the exclusive purpose of monitoring and preventing abuse and spam.
Activity Tracked: Functionality cookies are set for a duration of 347 days to remember a visitor’s blog and post subscription choices if, in fact, they have an active subscription.
Video Hosting
This feature is only available to sites on the Premium and Professional plans.
Data Used: For video play tracking via WordPress.com Stats, the following information is used: viewer’s IP address, WordPress.com user ID (if logged in), WordPress.com username (if logged in), user agent, visiting URL, referring URL, timestamp of event, browser language, country code. If Google Analytics is enabled, video play events will be sent there, as well.
Activity Tracked: Video plays.
WooCommerce Services
Data Used: For payments with PayPal or Stripe: purchase total, currency, billing information. For taxes: the value of goods in the cart, value of shipping, destination address. For checkout rates: destination address, purchased product IDs, dimensions, weight, and quantities. For shipping labels: customer’s name, address as well as the dimensions, weight, and quantities of purchased products.
Data Synced (?): For payments, we send the purchase total, currency and customer’s billing information to the respective payment processor. Please see the respective third party’s privacy policy (Stripe’s Privacy Policy and PayPal’s Privacy Policy) for more details. For automated taxes we send the value of goods in the cart, the value of shipping, and the destination address to TaxJar. Please see TaxJar’s Privacy Policy for details about how they handle this information. For checkout rates we send the destination ZIP/postal code and purchased product dimensions, weight and quantities to USPS or Canada Post, depending on the service used. For shipping labels we send the customer’s name, address as well as the dimensions, weight, and quantities of purchased products to EasyPost. We also store the purchased shipping labels on our server to make it easy to reprint them and handle support requests.