Fediverse Observer- Terms of Service Last Updated: 24th December, 2022
Here are the important things you need to know about accessing and using the Fediverse Observer (fediverse.observer) website and service (collectively, "Service"). These are our terms of service ("Terms"). Please read them carefully.
Accepting these Terms
If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don't agree to all of the terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know at https://gitlab.com/diasporg/poduptime/-/issues/new.
Changes to these Terms
We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.
Whenever we make changes to these Terms, the changes are effective six (6) weeks after we post such revised Terms to our website (indicated by revising the date at the top of these Terms), or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check the website regularly for changes to these Terms.
If you continue to use the Service after the revised Terms go into effect, then you have accepted the revised Terms.
When you create an account, you may use any name (real, fake or otherwise) for other users to see. However, if you create a "parody" account of a real living person, you must clearly label your account as such. Accounts that are not clearly marked as such and that impersonate other people without permission can be deleted without warning.
Accounts created with fake email, invalid email, email that is not yours, email that gets reported as spam will be destroyed.
When you create an account you also agree to maintain the security of your password and accept all risks of unauthorized access to your account data and any other information you provide to Fediverse Observer.
If you discover or suspect any Service security breaches, please let us know as soon as possible. For security holes in the Poduptime software itself, please contact the developers directly.
Your Content & Conduct
Our Service allows you and other users to post, link and otherwise make available content. You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness.
When you post, link or otherwise make available content to the Service, you grant us the right and license to display and distribute your content on or through the Service (including via applications). We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself. The displaying and distribution of your content happens strictly only according to the visibility rules you have set for the content. We will not modify the visibility of the content you have set.
We cannot be held responsible should a programming or administrative error make your content visible to a larger audience than you had intended.
Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through the Service.
You can remove the content that you posted by deleting it. Once you delete your content, it will not appear on the Service, but copies of your deleted content may remain in our system or backups for some period of time. Web server access logs might also be stored for some time in the system.
In order to make Fediverse Observer a great place for all of us, please do not post, link and otherwise make available on or through the Service any of the following:
- Pornographic content of any kind; http://www.merriam-webster.com/dictionary/pornography
- Artistic content that depics minors or images/language that sexulises minors;
- Automated content posting of any sort. No Bot, RSS readers, or scripts that post content automatically from other sources may be used.
- Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
- Hate Speech as defined by Article 20 of the ICCPR: https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
- Content that is illegal or unlawful, that would otherwise create liability;
- Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
- Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM);
- Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and
- Viruses, corrupted data or other harmful, disruptive or destructive files or code.
Also, you agree that you will not do any of the following in connection with the Service or other users:
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
- Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;
- Create an account if you have been previously banned or suspended or removed from this service;
- Create an account or post any content if you are not over 18 years of age;
- Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.
Source code and materials
This Service runs on the Poduptime codebase. This source code is licensed under an AGPLv3 license which means you are allowed to and even encouraged to take the source code, modify it and use it.
For full details about Poduptime see here.
Hyperlinks and Third Party Content
Fediverse Observer makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.
A lot of the content on the Service is from you and others, and we don't review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.
Unavoidable Legal Stuff
The Service and any other service and content included on or otherwise made available to you through the Service are provided to you on an as is or as available basis without any representations or warranties of any kind. We disclaim any and all warranties and representations (express or implied, oral or written) with respect to the Service and content included on or otherwise made available to you through the Service whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise.
In no event will Fediverse Observer be liable to you or any third party for any special, indirect, incidental, exemplary or consequential damages of any kind arising out of or in connection with the Service or any other service and/or content included on or otherwise made available to you through the Service, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if we have been advised of the possibility of such damages or are aware of the possibility of such damages. This section will be given full effect even if any remedy specified in this agreement is deemed to have failed of its essential purpose.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of Oregon, USA.
Jurisdiction & Waiver of Representative Actions
You expressly agree that exclusive jurisdiction for any dispute with Fediverse Observer, or in any way relating to your use of the Fediverse Observer website or Service, resides in the courts of Oregon, USA and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Oregon, USA in connection with any such dispute including any claim involving Fediverse Observer. You further agree that you and Fediverse Observer will not commence against the other a class action, class arbitration or other representative action or proceeding.
If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.
These Terms constitute the entire agreement between you and Fediverse Observer regarding the use of the Service, superseding any prior agreements between you and Fediverse Observer relating to your use of the Service.
We love feedback. Please let us know what you think of the Service, these Terms and, in general, Fediverse Observer. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, Fediverse Observer, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.
Questions & Contact Information
Questions or comments about the Service may be directed to us at https://gitlab.com/diasporg/poduptime/-/issues/new.
Collection of Information
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you create an account, subscribe, participate in any interactive features of our services, fill out a form, request customer support or otherwise communicate with us. The types of information we may collect include your name (real of fake), email address and other contact or identifying information you choose to provide.
Information We Collect Automatically When You Use the Services
When you access or use our services, we automatically collect information about you, including:
- Log Information
- We may log information about your use of our services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our services.
- Device Information
- We may collect information about the computer you use to access our services, including the hardware model, and operating system and version.
Use of Information
We do not use your information for serving up ads.
We may use information about you for various purposes, including to:
- Provide, maintain and improve our services;
- Send you technical notices, updates, security alerts and support and administrative messages;
- Respond to your comments, questions and requests;
- Communicate with you about Fediverse Observer-related news and information;
- Monitor and analyze trends, usage and activities in connection with our services; and
- Personalize and improve our services.
Sharing of Information
Remember, we don't share your information with advertisers.
We may share personal information about you as follows:
- If we believe disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request;
- To enforce applicable user agreements or policies, including our terms of service; and to protect Fediverse Observer, our users or the public from harm or illegal activities;
- In connection with any merger, sale of Fediverse Observer assets, financing or acquisition of all or a portion of our business to another company or individual; and
We may also share aggregated or anonymized information that does not directly identify you.
Fediverse Observer takes reasonable measures to help protect personal information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
Your Information Choices
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