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<h1>Webmaker Terms</h1>
<h3>June 15, 2013</h3>
<p>At Mozilla, we are committed to promoting choice and innovation on the
web and helping users realize the full potential of the web. Thats why
we created Webmaker – a site where users can learn about web technologies
by submitting and mashing up their content and allowing others to mash
up their content using web technologies.</p>
<p>As a user, your use of Webmaker is subject to the terms and conditions
of this Terms of Use as well as the related policies referred to in
these Terms or elsewhere on Webmaker (we will refer to these
collectively as the “Terms”).</p>
<h2>Eligibility</h2>
<p>By using Webmaker, you agree that you are at least 18 years old or are
acting with the consent and supervision of your parent; and you have full
power, capacity, and authority to accept these Terms on behalf of yourself,
or if applicable, your employer or other entity that you represent.</p>
<h2>Modifications to the Terms</h2>
<p>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.</p>
<h2>Privacy</h2>
<p>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 <a href="https://www.mozilla.org/privacy/websites">Webmaker Privacy</a></p>
<h2>Your Submissions</h2>
<p>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. </p>
<p>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.</p>
<p>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.</p>
<h2>User names</h2>
<p>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.</p>
<p>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).</p>
<h2>Events</h2>
<p>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.</p>
<p>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. </p>
<h2>Digital Millennium Copyright Act Notice</h2>
<p>If you are a copyright owner or an agent of a copyright owner and believe
that content available by means of one of Mozillas websites infringes one
or more of your copyrights, please immediately notify Mozillas 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.</p>
<p>All DMCA Notices should include the following:</p>
<ol>
<li>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;</li>
<li>An identification of the copyrighted work or works that you claim
have been infringed;</li>
<li>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;</li>
<li>Your name, address, telephone number, and email address where we
can contact you; and</li>
<li>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.</li>
</ol>
<p>Mozilla's designated Copyright Agent to receive notifications of
claimed infringement is as follows:</p>
<i>Office of the General Counsel<br>
Mozilla Corporation<br>
331 E. Evelyn Ave.<br>
Mountain View, CA 94041<br>
Email: dmcanotice at mozilla dot com<br>
Phone Number: 650-903-0800<br>
Fax: 650-903-0875
</i>
<p>If you fail to comply with all of the requirements of a DMCA notice,
Mozilla may not act upon your notice.</p>
<p>Mozilla will terminate a user's account if, under appropriate
circumstances, they are determined to be a repeat infringer.</p>
<p>The contact information provided above also applies to notices
that are based on non-U.S. copyrights or trademarks.</p>
<p>Only DMCA Notices, Trademark Notices (which are defined below), and
international copyright or trademark notices should go to the copyright agent.</p>
<p>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 <a href="http://www.chillingeffects.org">http://www.chillingeffects.org/</a>).</p>
<h2>Trademark Notices</h2>
<p>The Terms will continue to apply until terminated by either you or Mozilla.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<h2>General Representation and Warranty</h2>
<p>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.</p>
<h2>Release and Indemnification</h2>
<p>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.</p>
<p>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.</p>
<h2>Disclaimer; Limitation of Liability</h2>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<h2>Governing Law</h2>
<p>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.</p>
<h2>Miscellaneous</h2>
<p>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.</p>
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