Terms of Service
Updated: January 2008
Thank you for registering on Authearth, an internet community site for readers, writers and artists.
These terms of service covers your use of the Authearth service.
By registering with Authearth, creating, or using Authearth (“Authearth” or “us”), you are agreeing to these terms of service (“Terms of Service” or “Terms”).
Description & Definitions
Authearth offers a platform for you to create and share poetry, book reviews, art, cartoons, ebooks, audiobooks and anything else we can think of :) (“Platform”).
The Platform is comprised of Code and Content. The Content is either created by or uploaded by Users or by us and provided, through the use of the Platform, for Users to connect with other Users online. The Platform include features such as User profiles, friends, comments, recommendations, forums, photo sharing, video sharing, reviews, ratings, people matching, and events, among others.
Users
are people who register on Authearth to create, find, visit, use, and contribute to the community, which can include posting Content or responding to Content.
Network Creators
are the Users who have created Authearth.
Code
is the source code (e.g., HTML or PHP code) used to provide the functionality behind Authearth. Code may be contributed by us, developed by third parties, developed by a User, provided by another User, or any combination of the three. Public Code is Code that all Users may copy, modify, and use in other Networks. Private Code is Code for Authearth that Users (other than the Network Creator of that Network) are not allowed to view, copy, or modify.
Content
means any work of authorship (other than the Code and the user interface of Authearth), including User profiles, comments, recommendations, forums, photos, videos, sounds, images, text, files, listings, postings, messages, or other materials posted on or transmitted through the Platform. Users upload Content to Authearth. Authearth, in turn, controls Content. . Private Content is licensed for use only within Authearth or affiliate sites controlled by Authearth (such as Tailcast).
Tags
are descriptions (words or phrases) you can assign to Content. You can assign as many Tags to Content as you like. You can also add, edit, and delete Tags that you've assigned.
Platform Services
include, but aren't limited to: single sign-on (via a “Authearth ID”) for all Social Networks on the Platform; managing lists of friends and contacts; messaging between Users; importing of contacts who are not Users of Authearth; navigation; and search. As a Network Creator, we also offer: User registration; User account management; Secure PHP Sandbox for development; Network management and security; Javascript-compatible markup API, URL command line API for auto-generation of pages; Semi-structured Content Store; Network display, management, and search.
Ownership of Code and Content
Authearth does not claim any ownership rights in the Content or the Code you provide. You, as the User, own the Code you develop (“your Code”). You also own the Content that you both create and upload (“your Content”). After posting your Content or your Code, you continue to retain all ownership rights in such Content or Code, and you continue to have the right to use and license your Content and your Code in any way you choose.
These Terms of Service includes a number of licenses that are necessary for Authearth to make your content available through the Platform. For example, without the right to modify Content, Authearth would not be able to format Content to meet technical requirements, and without the right to publicly perform or publicly display Content, Authearth could not do what it has been set up to do (make the Content available for other Users to view) i.e. promote your work:)
Licenses to Code
We allow Code to be posted and used in Social Networks under a “Code License” (which means the Public Code License or the Private Code License, as applicable) or under the GNU Lesser General Public License (LGPL, but not the GPL), as described below. When you post Code to Authearth, you may designate such Code, in the Code comments, as governed by the Code License or the LGPL.
Authearth may, but is not obligated to, review any Code to determine whether such Code is designated with the correct license, and Authearth may change the comments for such Code (or any subpart of such Code) if Authearth believes its designation is incorrect.
Unless the Code you post is third party Code and is governed by the LGPL (based on, for example, comments in the Code), the applicable Authearth Code License will apply to the Code you post on Authearth.
Public Code Licenses
Subject to the next paragraph, if you add Code to the Platform (i.e., Public Code), you grant Authearth and other Users on the Platform a worldwide, fully sub-licensable, fully paid-up and royalty-free, perpetual, irrevocable license to use, reproduce, modify, distribute, publicly display, publicly perform, and create derivative works of that Public Code (“Authearth Public Code License”).
If a Public Code component you post is third-party Code (in whole or in part) and is governed by the LGPL, you grant Authearth and other Users on the Platform a license to such Public Code under the LGPL.
Private Code Licenses
If a Private Code component you post is third-party Code (in whole or in part) and is governed by the LGPL, you grant Authearth and other Users on the Platform a license to such Private Code under the LGPL.
At any point, you can take your Code from Authearth and cancel your account, but the licenses to your Public Code will remain in effect. Therefore, you should only upload Public Code to Authearth you are comfortable sharing with others; if you want your Code to remain private, please contact the Authearth Network Creator.
You acknowledge that Authearth may independently develop Code that is similar to Code that you have developed. You agree not to sue Authearth for infringement of your Code, even if Authearth's Code is substantially similar to yours.
Licenses to Content
License from You
Your Content remains yours. We claim no ownership interest in the Content you provide on Networks runAuthearth on the Platform. However, we also want to encourage sharing of Content between Users and Networks across the Platform and affiliate platforms. To this end, by uploading Content to a Network in which the Content is designated as Public Content, you grant to Authearth and all other Users a nonexclusive license to reproduce, create derivative works of, distribute, publicly perform, and publicly display such Content on the condition that the Content is attributed in a manner specified by its author, if at all (a “Public Content License”).
If you upload Content to a Group in which the Content is designated as Private Content, you grant to Authearth and all other Users of that Network a nonexclusive license to reproduce, distribute, publicly perform, and publicly display such Content on that Group (including any RSS feeds and other distribution that is part of such Group) (a “Private Content License”).
Unless you expressly state alternative applicable license terms in connection with your Content submission, the Public Content License will apply by default to Public Content and the Private Content License will apply by default to Private Content.
We should also mention that you are responsible for making sure that you have all rights in the Content you post that are necessary for you to grant everyone either the Public Content License or the Private Content License. (We'll cover this in more detail later.)
Lastly, please ensure you keep copies of all your Content. If Authearth were to have a data issue and date was deleted by accident or virus, the Content associated with it may also be deleted. We would encourage you to be sure you are comfortable with this possibility before contributing
Content to Authearth.
License from Authearth
Authearth grants to you a Creative Commons Attribution License to the Content made available by Authearth for which Authearth owns the copyrights. In the event of a conflict between the Creative Commons Attribution License and these Terms, these Terms will control. Authearth does not grant you any rights to another User's Code or Content.
License to use the Platform
During the term of these Terms, Authearth grants you a limited, revocable license to use the software underlying and enabling the Platform as required for your use of Authearth, subject to the terms and conditions of these Terms.
Proprietary Rights
Code and Content
You agree to comply with the license and restrictions applicable to each item of Code or Content you post, copy, access, or use.
You agree that all the intellectual property in the Platform, other than the Code and Content you provide, are owned by Authearth, its licensors or the applicable User(s). Except as expressly permitted under these Terms, you agree not to:
1. Modify, distribute, or create derivative works based on the Platform.
2. Run, rent, lease, loan, or sell access to the Platform.
3. Decompile, reverse engineer, or copy the Platform or any site for which the source code is not provided to you or Code that is marked as Private Code; and
4. Reproduce or distribute any Private Content or Private Code outside the applicable website.
Trademarks
Authearth, the Platform and other related graphics, our logo and sub-logos, Authearth marks, and trade names used on the Platform are the trademarks of Authearth and may not be used without permission. Other trademarks, Platform marks, and trade names that may appear on Authearth are the property of their respective owners.
Accounts, Passwords, and Security
You must be a registered User to contribute on the Platform. Networks and their Network Creators, in turn, determine whether Users need to be registered with Authearth to contribute Content in that group or webpage. That is up to the discretion of the Network Creator. As a User, you are responsible for keeping your password secure. Authearth and authorisation IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your authorisation ID.
Content and Interaction
You agree to comply with the license and restrictions applicable to each item of Code or Content you post, copy, access, or use.
Content from other Users or advertisers is made available to you through Authearth and the Platform. Because Authearth does not control such Content, you agree that Authearth is not responsible for any such Content, including advertising and information about third party products or services.
Your interactions with other Users on the Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the User. Like with any web-based interaction, we suggest that you use caution and good judgment.
You agree that Authearth is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of your Personal Data (as defined in the Privacy Policy). If there is a dispute between you and any third party (including any User), Authearth is under no obligation to become involved.
You release Authearth, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to: (i) any disputes with other Users, and/or (ii) the Platform.
Premium Services
Authearth offers fee-based premium services as described here on the Platform. If you choose to sign up for a premium service, you agree to pay the applicable fees and abide by any additional requirements or rules associated with that premium service.
Support and Performance
Authearth provides documentation to assist Network Creators in creating and enhancing their Network(s). As a Network Creator, you are responsible for implementing and maintain Authearth all support for your Network(s). This includes, if you've customized the Code yourself, fixing bugs your Users might find and tell you about.
To enable a great experience for all Users on the Platform, you, as a Network Creator, must ensure your Network(s) don't unduly degrade the performance of the Platform. If your Network(s) exceed the quotas and limitations set by Authearth (e.g., API calls or bandwidth) or otherwise degrade performance of the Platform or other services in any way, we may suspend your Network(s) at our sole discretion.
Acceptable Use and Conduct
At the risk of sounding repetitive, you are solely responsible for your conduct, Networks, Code, and Content on the Platform.
As a User of Authearth's free service, you agree not to include any advertising for anything other than your Network, including ads served via an ad-server service like Google AdSense, in any Network, Code, or Content you provide on Authearth. If you pay the applicable fees for the applicable premium service “Run ads on your social network,” you may include third-party advertisements in your Network. However, Authearth will have the option, which Authearth may exercise on notice to you, to offer a comparable ad-server service and serve all advertisements on your Network(s).
You also agree not to post or make available any Code or Content for which you don't have sufficient rights to grant the licenses above. Among other things, this means that you may not include Code or Content from third parties that is subject to license terms that are incompatible with the licenses you grant under these Terms, such as GPL.
You also agree not to post, email, or otherwise make available any Network, Code, or Content that:
* Is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or harms minors in any way
* Harasses, degrades, intimidates or is hateful toward an individual or group of individuals
* Impersonates an Authearth employee or User or falsely states or otherwise misrepresents your affiliation with a person or entity
* Includes personal or identifying information about another person without that person's explicit consent
* Is false, deceptive, misleading, deceitful, or constitutes “bait and switch”
* Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships
* Creates, sends, or enables anything that constitutes or contains “chain letters,” “pyramid schemes,” or any advertisement that you are prohibited by law from sending
* Constitutes or contains any form of advertising or solicitation if (1) posted in Content; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests
* Advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law
* Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
* Disrupts the normal flow of dialog with an excessive number of messages (flooding attack) to the Platform, or that otherwise negatively affects other Users' ability to use the Platform
* Employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Platform
Additionally, you agree not to:
* “Stalk” or otherwise harass anyone
* Collect Personal Data about other Users for commercial or unlawful purposes
* Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Social Networks and the Platform - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”
* Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Authearth's infrastructure
* Attempt to gain unauthorized access to Authearth's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Platform
* Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Platform or any Network
Privacy and Spam
You agree to comply with all applicable laws with respect to
1. any collection, use, or disclosure of Personal Data (as that term is defined in the Authearth Privacy Policy), and
2. email communications, including without limitation the applicable European Directives (Directive on the protection of individuals with regard to the processing of personal data and on the free movement of such data (95/46/EC October 24, 1995) and Directive on Privacy and Electronic Communications (2002/58/EC July 12, 2002)), US CAN-SPAM, US state laws, and applicable laws in non-U.S. jurisdictions.
You agree to comply with all relevant aspects of the Authearth Privacy Policy. You agree not to collect or use Personal Data except as permitted by the Authearth Privacy Policy. You agree not to use any Personal Data disclosed to you by Authearth for any purpose other than using the Platform or a Network in accordance with these Terms and the Privacy Policy. You agree not to harvest any email addresses from Networks or the Platform for the purpose of sending email in violation of applicable law. You agree not to knowingly collect any information from, or develop any Networks that are targeted at, children under the age of 13.
If Authearth provides you, as a Network Creator, Personal Data about other Authearth users, you agree to (1) comply with applicable law and Authearth's rules (including the Privacy Policy and anti-spam policy) with respect to such Personal Data and (2) to indemnify Authearth for your use of such Personal Data.
Platform Policies
Authearth may establish general polices and limits concerning use of the Platform (“Platform Policies”), including (and without limitation) the maximum number of days that Social Networks and uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk space allotted to you (as a Network Creator) and to Users on your behalf by Authearth, the maximum number of times and duration for which you may access the Platform or Social Networks in a given period of time, the maximum bandwidth used by your Apps or Content, and the maximum CPU power used by your Social Networks or Content. Authearth reserves the right to log off or deactivate User accounts that are inactive for an extended period of time.
The Platform Policies today limit the number of Social Networks a Network Creator can create to ten (10), each with a quota limit of 5GB (gigabytes) for Public Content, 500MB (megabytes) for Private Content, 10MB (megabytes) for the File System, and 100GB (gigabytes) per month of network bandwidth.
Copyright Infringement by Users
You, as a Network Creator, agree to promptly address any copyright owner's written notice (including any notices forwarded to you by Authearth) that specified Content provided by User of a Network that you control infringes that third party's copyrights, provided that the notice substantially complies with the requirements in the Authearth Copyright notice page. If you do not promptly remove the Content specified in the notice, Authearth may remove the Content without any liability to you or to the User that posted such Content.
Authearth maintains and enforces a policy of terminating the accounts of Users who are repeat copyright infringers.
Your Account
Term
These Terms of Service commence upon your acceptance of these Terms and continues until terminated. These Terms will automatically terminate if Authearth decides, in its sole discretion, to discontinue the Platform.
Deactivating Your Account
You may deactivate your Authearth account at any time, for any reason, by following the instructions on Authearth.
Authearth has the right (at its sole discretion) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Platform or any Network, or remove and discard any Code or Content within any Network, without notice and for any reason.
Effects of Deactivating An Account
Upon deactivating your account, these Terms terminates and your access rights to the Platform will immediately cease to exist. The Code for the Network(s) associated with your account will be deactivated; however, as previously mentioned, Code may remain on the Platform in other Social Networks that made a copy of your Public Code. For Content you wish to delete from the Platform, you can delete it by going to each of the Social Networks to which you've contributed. Authearth is not responsible for deleting Content on your behalf. Note that, even if Code or Content is deleted from Authearth's active servers, it may remain in archives. Authearth will have no obligation to refund any fees paid for premium services.
Survival
The provisions under the following headings will survive termination of these Terms for any reason: Licenses from You (under heading “Licenses to Code”), License from You (under heading “Licenses to Content”), Content and Interaction, Acceptable Use and Conduct, Privacy and Spam, Disclaimer of Warranties, Indemnity, and Limitation of Liability.
Changes to Authearth and the Platform
Authearth reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Platform or any part thereof with or without notice. Authearth will not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform.
Disclaimer of Warranties
YOUR USE OF THE PLATFORM, AND ALL CODE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE Platform AND ALL CODE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AUTHEARTH AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER AUTHEARTH NOR ANY USER MAKES ANY WARRANTY THAT THE Platform, OR AND CODE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Indemnity
You agree to indemnify, defend, and hold harmless Authearth, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to
1. any Code or Content you submit, post, transmit, or make available through the Platform;
2. your use or misuse of the Platform;
3. your connection to the Platform;
4. your violation of these Terms; or
5. your violation of any rights (including intellectual property rights) of a third party.
Limitation of Liability
YOU AGREE THAT AUTHEARTH SHALL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF AUTHEARTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE Platform OR ANY CODE OR CONTENT, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) IN THE Platform OR ANY CODE OR CONTENT; OR (B) FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS IN EXCESS OF THE GREATER OF (i) £100 AND (ii) THE TOTAL AMOUNTS PAID TO AUTHEARTH BY YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
Updated Terms of Service
These Terms may be updated or changed by Authearth from time to time upon Authearth's posting of the amended Terms on this page. If you do not agree to changes to the Terms, you must notify Authearth to terminate your account.
In addition to these Terms, you will comply with all policies applicable to Authearth and the Platform, which policies are (i) either posted in the Platform or provided to you and (ii) incorporated by reference into these Terms.
General
The failure of Authearth to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. Your Authearth account is non-transferable. You may not delegate your duties under these Terms or assign these Terms, in whole or in part.
Any unauthorized use of any Authearth computer system is a violation of these Terms and certain international laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
The other Users of the Platform are intended third party beneficiaries of your obligations under these Terms.
Authearth may assign these Terms to any successor or purchaser of Authearth or all or substantially all of its assets.
Any dispute between the parties arising out of these Terms shall be settled by arbitration utilizing the dispute resolution procedures of the London Court of International Arbitration. You hereby waive any right to a jury trial of any such dispute.
Governing Law & Jurisdiction
To the fullest extent permissible under applicable laws these Terms shall be governed by the laws of Gibraltar without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
These Terms, which incorporate the Authearth Privacy Policy and the Authearth Policies, constitutes the entire agreement between you and Authearth and governs your use of the Platform, superseding any prior agreements (whether written or oral) between you and Authearth regarding the subject matter hereof.
Contacting Authearth
Users with questions about the Authearth Privacy Policy and any of the aforementioned statements may contact Authearth the following ways:
authearth@gmail.com
Postal
Authearth c/o Internet Media Marketing Limited
57/63 Line Wall Road
Gibraltar
Feedback
We welcome your feedback.
