Project:Terms of Service

From Learning Societies Wiki
Jump to: navigation, search

Thank you for considering contributing to the Learning Societies Wiki! Here are a few things to keep in mind, which were adapted from the Wikipedia terms. It's a lot of legalese, but wikis are especially tricky when it comes to user content, so...

General Notes[edit]

Rule number 1: Bots and spammers are not welcome, which I am sure you are well aware of. If you are a highly evolved AI that feels discriminated by this policy, please get in touch with the administrator.

Because we are dedicated to making content freely accessible to the public, we generally require that all content you contribute is available under a free license or in the public domain.

Please be aware that you are legally responsible for all of your contributions, edits, and re-use of Wikimedia content under the laws of the Netherlands and other applicable laws (which may include the laws where you live or where you view or edit content). This means it is important that you use caution when posting content. In light of this responsibility, we have some rules about what you cannot post, most of which is either for your own protection or for the protection of other users like yourself. Please keep in mind that the content we host is for general informational purposes only, so if you need expert advice for a particular question (such as medical, legal, or financial issues), you should seek the help of a licensed or qualified professional. We also include other important notices and disclaimers, so please read these Terms of Use in their entirety.

Privacy Policy[edit]

We do not actively collect information on you, except that which you offer yourself. Note that anonymous contributions are registered using IP addresses to prevent spam; you are warned of this when you edit without an account. Also note that edit history is permanent by the nature of the wiki system, as iteration would otherwise become impossible; please consider this when submitting under the CC license. Contact the administrator if you have any data-related requests.

Content We Host[edit]

  1. You may find some material objectionable or erroneous: Because we provide a wide array of content that is produced or gathered by fellow users, you may encounter material that you find offensive, erroneous, misleading, mislabeled, or otherwise objectionable. We therefore ask that you use common sense and proper judgment when using our services.
  2. Our content is for general informational purposes only: Content is presented for general informational purposes only. It should not be taken as professional advice. Please seek independent professional counseling from someone who is licensed or qualified in the applicable area in lieu of acting on any information, opinion, or advice contained.

Refraining from Certain Activities[edit]

We happily welcome your participation in this community. We encourage you to be civil and polite in your interactions with others in the community, to act in good faith, and to make edits and contributions aimed at furthering the mission of the shared Project.

Certain activities, whether legal or illegal, may be harmful to other users and violate our rules, and some activities may also subject you to liability. Therefore, for your own protection and for that of other users, you may not engage in such activities on our sites. These activities include:

Harassing and Abusing Others
  • Engaging in harassment, threats, stalking, spamming, or vandalism; and
  • Transmitting chain mail, junk mail, or spam to other users.
Violating the Privacy of Others
  • Infringing the privacy rights of others under the laws of the Netherlands or other applicable laws (which may include the laws where you live or where you view or edit content);
  • Soliciting personally identifiable information for purposes of harassment, exploitation, violation of privacy, or any promotional or commercial purpose not explicitly approved by the Wikimedia Foundation; and
  • Soliciting personally identifiable information from anyone under the age of 18 for an illegal purpose or violating any applicable law regarding the health or well-being of minors.
Engaging in False Statements, Impersonation, or Fraud
  • Intentionally or knowingly posting content that constitutes libel or defamation;
  • With the intent to deceive, posting content that is false or inaccurate;
  • Attempting to impersonate another user or individual, misrepresenting your affiliation with any individual or entity, or using the username of another user with the intent to deceive; and
  • Engaging in fraud.
Committing Infringement
  • Infringing copyrights, trademarks, patents, or other proprietary rights under applicable law.
Misusing Our Services for Other Illegal Purposes
  • Posting child pornography or any other content that violates applicable law concerning child pornography;
  • Posting or trafficking in obscene material that is unlawful under applicable law; and
  • Using the services in a manner that is inconsistent with applicable law.
Engaging in Disruptive and Illegal Misuse of Facilities
  • Posting or distributing content that contains any viruses, malware, worms, Trojan horses, malicious code, or other device that could harm our technical infrastructure or system or that of our users;
  • Engaging in automated uses of the site that are abusive or disruptive of the services and have not been approved by the Wikimedia community;
  • Disrupting the services by placing an undue burden on a Project website or the networks or servers connected with a Project website;
  • Disrupting the services by inundating any of the Project websites with communications or other traffic that suggests no serious intent to use the Project website for its stated purpose;
  • Knowingly accessing, tampering with, or using any of our non-public areas in our computer systems without authorization; and
  • Probing, scanning, or testing the vulnerability of any of our technical systems or networks unless all the following conditions are met:
  • such actions do not unduly abuse or disrupt our technical systems or networks;
  • such actions are not for personal gain (except for credit for your work);
  • you report any vulnerabilities to MediaWiki developers (or fix it yourself); and
  • you do not undertake such actions with malicious or destructive intent.
Paid contributions without disclosure
These Terms of Use prohibit engaging in deceptive activities, including misrepresentation of affiliation, impersonation, and fraud. As part of these obligations, you must disclose your employer, client, and affiliation with respect to any contribution for which you receive, or expect to receive, compensation. You must make that disclosure in at least one of the following ways:
  • a statement on your user page,
  • a statement on the talk page accompanying any paid contributions, or
  • a statement in the edit summary accompanying any paid contributions.
Applicable law, or community and Foundation policies and guidelines, such as those addressing conflicts of interest, may further limit paid contributions or require more detailed disclosure.
A Wikimedia Project community may adopt an alternative paid contribution disclosure policy. If a Project adopts an alternative disclosure policy, you may comply with that policy instead of the requirements in this section when contributing to that Project. An alternative paid contribution policy will only supersede these requirements if it is approved by the relevant Project community and listed in the alternative disclosure policy page.

We reserve the right to exercise our enforcement discretion with respect to the above terms.

Password Security[edit]

You are responsible for safeguarding your own password and should never disclose it to any third party.

Licensing of Content[edit]

To grow the commons of free knowledge and free culture, all users contributing to the Projects are required to grant broad permissions to the general public to re-distribute and re-use their contributions freely, so long as that use is properly attributed and the same freedom to re-use and re-distribute is granted to any derivative works. In keeping with our goal of providing free information to the widest possible audience, we require that when necessary all submitted content be licensed so that it is freely reusable by anyone who cares to access it.

You agree to the following licensing requirements:

  1. Text to which you hold the copyright: When you submit text to which you hold the copyright, you agree to license it under: Please note that these licenses do allow commercial uses of your contributions, as long as such uses are compliant with the terms.
  2. Attribution: Attribution is an important part of these licenses. We consider it giving credit where credit is due – to authors like yourself. When you contribute text, you agree to be attributed in any of the following fashions:
    1. Through hyperlink (where possible) or URL to the article to which you contributed (since each article has a history page that lists all authors and editors);
    2. Through hyperlink (where possible) or URL to an alternative, stable online copy that is freely accessible, which conforms with the license, and which provides credit to the authors in a manner equivalent to the credit given on the Project website; or
    3. Through a list of all authors (but please note that any list of authors may be filtered to exclude very small or irrelevant contributions).
  3. Importing text: You may import text that you have found elsewhere or that you have co-authored with others, but in such case you warrant that the text is available under terms that are compatible with the CC BY-SA license.

    You agree that, if you import text under a CC BY-SA license that requires attribution, you must credit the author(s) in a reasonable fashion. Where such credit is commonly given through page histories (such as Wikimedia-internal copying), it is sufficient to give attribution in the edit summary, which is recorded in the page history, when importing the text. The attribution requirements are sometimes too intrusive for particular circumstances (regardless of the license), and there may be instances where the Wikimedia community decides that imported text cannot be used for that reason.

  4. Non-text media: Non-text media on the Projects are available under a variety of different licenses that support the general goal of allowing unrestricted re-use and re-distribution. When you contribute non-text media, you agree to comply with the requirements for such licenses.
  5. No revocation of license: Except as consistent with your license, you agree that you will not unilaterally revoke or seek invalidation of any license that you have granted under these Terms of Use for text content or non-text media contributed to the Wikimedia Projects or features, even if you terminate use of our services.
  6. Public domain content: Content that is in the public domain is welcome! It is important however that you confirm the public domain status of the content under the law of the Netherlands. When you contribute content that is in the public domain, you warrant that the material is actually in the public domain, and you agree to label it appropriately.
  7. Re-use: Re-use of content that we host is welcome, though exceptions exist for content contributed under "fair use" or similar exemptions under copyright law. Any re-use must comply with the underlying license(s).

    When you re-use or re-distribute a text page developed by the Wikimedia community, you agree to attribute the authors in any of the following fashions:

    1. Through hyperlink (where possible) or URL to the page or pages that you are re-using (since each page has a history page that lists all authors and editors);
    2. Through hyperlink (where possible) or URL to an alternative, stable online copy that is freely accessible, which conforms with the license, and which provides credit to the authors in a manner equivalent to the credit given on the Project website; or
    3. Through a list of all authors (but please note that any list of authors may be filtered to exclude very small or irrelevant contributions).
  8. Modifications or additions to material that you re-use: When modifying or making additions to text that you have obtained from the wiki, you agree to license the modified or added content under CC BY-SA.

    When modifying or making additions to any non-text media that you have obtained from the wiki, you agree to license the modified or added content in accordance with whatever license under which the work has been made available.

    With both text content and non-text media, you agree to clearly indicate that the original work has been modified. If you are re-using text content in a wiki, it is sufficient to indicate in the page history that you made a change to the imported text. For each copy or modified version that you distribute, you agree to include a licensing notice stating which license the work is released under, along with either a hyperlink or URL to the text of the license or a copy of the license itself.

DMCA Compliance[edit]

The Wikimedia Foundation wants to ensure that the content that we host can be re-used by other users without fear of liability and that it is not infringing the proprietary rights of others. In fairness to our users, as well as to other creators and copyright holders, our policy is to respond to notices of alleged infringement that comply with the formalities of the Digital Millennium Copyright Act (DMCA). Pursuant to the DMCA, we will terminate, in appropriate circumstances, users and account holders of our system and network who are repeat infringers.

However, we also recognize that not every takedown notice is valid or in good faith. In such cases, we strongly encourage users to file counter-notifications when they appropriately believe a DMCA takedown demand is invalid or improper. For more information on what to do if you think a DMCA notice has been improperly filed, you may wish to consult the Chilling Effects website.

If you are the owner of content that is being improperly used on one of the Projects without your permission, you may request that the content be removed under the DMCA. To make such a request, please email the administrator.

Alternatively, you may make a request to our community, which often handles copyright issues faster and more effectively than prescribed under the DMCA. In that case, you can post a notice explaining your copyright concerns.

Third-party Websites and Resources[edit]

You are solely responsible for your use of any third-party websites or resources. Although the wiki contains links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content.

Management of Websites[edit]

The community has the primary role in creating and enforcing policies applying to the wiki. In an unusual case, the need may arise, or the community may ask us, to address an especially problematic user because of significant disturbance or dangerous behavior. In such cases, we reserve the right, but do not have the obligation to:

  • Investigate your use of the service (a) to determine whether a violation of these Terms of Use, Project edition policy, or other applicable law or policy has occurred, or (b) to comply with any applicable law, legal process, or appropriate governmental request;
  • Detect, prevent, or otherwise address fraud, security, or technical issues or respond to user support requests;
  • Refuse, disable, or restrict access to the contribution of any user who violates these Terms of Use;
  • Ban a user from editing or contributing or block a user's account or access for actions violating these Terms of Use, including repeat copyright infringement;
  • Take legal action against users who violate these Terms of Use (including reports to law enforcement authorities); and
  • Manage otherwise the Project websites in a manner designed to facilitate their proper functioning and protect the rights, property, and safety of ourselves and our users, licensors, partners, and the public.

In the interests of our users and the wiki, in the extreme circumstance that any individual has had his or her account or access blocked under this provision, he or she is prohibited from creating or using another account on or seeking access to wiki, unless we provide explicit permission. Without limiting the authority of the community, we will not ban a user from editing or contributing or block a user's account or access solely because of good faith criticism that does not result in actions otherwise violating these Terms of Use or community policies.

The blocking of an account or access or the banning of a user under this provision shall be in accordance with Section 12 of these Terms of Use.

Termination[edit]

Though we hope you will stay and continue to contribute to the Projects, you can stop using our services any time. In certain (hopefully unlikely) circumstances it may be necessary for either ourselves or the Wikimedia community or its members (as described in Section 10) to terminate part or all of our services, terminate these Terms of Use, block your account or access, or ban you as a user. If your account or access is blocked or otherwise terminated for any reason, your public contributions will remain publicly available (subject to applicable policies), and, unless we notify you otherwise, you may still access our public pages for the sole purpose of reading publicly available content on the Projects. In such circumstances, however, you may not be able to access your account or settings. We reserve the right to suspend or end the services at any time, with or without cause, and with or without notice. Even after your use and participation are banned, blocked or otherwise suspended, these Terms of Use will remain in effect with respect to relevant provisions, including Sections 1, 3, 4, 6, 7, 9-15, and 17.

Disclaimers[edit]

Highlighted for emphasis

We do our best to provide educational and informational content to our audience, but your use of our services is at your sole risk. We provide these services on an "as is" and "as available" basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.

We are not responsible for the content, data, or actions of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms of Use.

Any material downloaded or otherwise obtained through your use of our services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

Some jurisdictions do not allow the types of disclaimers in this section, so they may not apply to you either in part or in full depending on the law.

Other Terms[edit]

These Terms of Use do not create an employment, agency, partnership, or joint venture relationship between you and us. If you have not signed a separate agreement with us, these Terms of Use are the entire agreement between you and us. If there is any conflict between these Terms of Use and a signed written agreement between you and us, the signed agreement will control.

You agree that we may provide you with notices, including those regarding changes to the Terms of Use, by email, or postings on the website.

If in any circumstance, we do not apply or enforce any provision of these Terms of Use, it is not a waiver of that provision.

You understand that, unless otherwise agreed to in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to us or the community.

If any provision or part of a provision of these Terms of Use is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and will be enforced to the maximum extent permissible, and all other provisions of these Terms of Use will remain in full force and effect.

Thank You![edit]

We appreciate your taking the time to read these Terms of Use, and we are very happy to have you contributing and using our services. Through your contributions, we hope to get closer to the ideal of Learning Societies!