PlushieHorse:Terms of Use

From Plushie.Horse

Please be aware that you are legally responsible for all of your contributions, edits, and re-use of Plushie.Horse content under the laws of the United States of America and other applicable laws (which may include the laws where you live or where you view or edit content). This means it's 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.

1. Our Services[edit]

Plushie.Horse houses a wealth of information about pony plushie care, maintenance, creation, and purchasing. However, we act only as a hosting service, maintaining the infrastructure and organizational framework that allows our users to build Plushie.Horse by contributing and editing content themselves. Because of our unique role, there are a couple of things you should be aware of when considering our relationship to you and the other users:

  1. We do not take an editorial role: Because Plushie.Horse is collaboratively edited, all of the content that we host is provided by users like yourself, and we do not take an editorial role. This means that we generally do not monitor or edit the content of the Web site, and we do not take any responsibility for this content. Similarly, we do not endorse any opinions expressed via our services, and we do not represent or guarantee the truthfulness, accuracy, or reliability of any submitted community content. Instead, we simply provide access to the content that your fellow users have contributed and edited
  2. You are responsible for your own actions: You are legally responsible for your edits and contributions on Plushie.Horse, so for your own protection you should exercise caution and avoid contributing any content that may result in criminal or civil liability under any applicable laws. For clarity, applicable law includes at least the laws of the United States of America. Although we may not agree with such actions, we warn editors and contributors that authorities may seek to apply other countries' laws to you, including local laws where you live or where you view or edit content. Plushie.Horse generally cannot offer any protection, guarantee, immunity, or indemnification

2. Privacy Policy[edit]

We ask that you review the terms of our Privacy Policy so that you are aware of how we collect and use your information. Because our services are used by people all over the world, personal information that we collect may be stored and processed in the United States of America or any other country in which we or our agents maintain facilities. By using our services, you consent to any such transfer of information outside your country.

3. 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 judgement when using our services
  2. Our content is for general informational purposes only: The content we host here 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 in the Plushie.Horse site

4. Refraining from Certain Activities[edit]

Plushie.Horse exists because of the vibrant community of users like you who collaborate together to write, edit, and curate the content. 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 edit and contributions aimed at furthering the quality of our pony plushie community.

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 this site. These activities include:

  • Transmitting chain mail, junk mail, or spam to other users
  • Soliciting personally identifiable information for purposes of harassment, exploitation, violation of privacy, or any promotional or commercial purpose not explicitly approved by Plushie.Horse
  • 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
  • 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 use with the intent to deceive
  • Engaging in fraud
  • Infringing copyrights, trademarks, patents, or other proprietary rights under applicable law
  • Posting child pornography
  • Using the services in a manner that is inconsistent with applicable law
  • 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 Plushie.Horse
  • Disrupting the services by placing an undue burden on the Web site or the networks or servers connected with the Web site
  • Disrupting the services by inundating the Web site with communications or other traffic that suggests no serious intent to use the Web site for its stated purpose
  • Knowingly accessing, tampering with, or using any of our non-public areas in our computer systems without authorization
  • 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 us (or fix it yourself), and
    • you do not undertake such actions with malicious or destructive intent
  • 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 (i.e., pay-to-post). 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

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

5. Password Security[edit]

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

6. Licensing of Content[edit]

To grow the commons of plushie knowledge, all users contributing to Plushie.Horse are required to grant broad permissions to the general public to redistribute and re-use their contributions freely, so long as that use is properly attributed and the same freedom to re-use and redistribute is granted to any derivative works. 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:

    (re-users may comply with either license or both.)

    The only exception is if the feature requires a different license. In that case, you agree to license any text you contribute under that particular license.

    Please note that these licenses do not allow commercial uses of your contributions

  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 Plushie.Horse Web site; 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-NC 4.0 license (or, as explained above, another license when exceptionally required by the feature). Content available only under GFDL is not permissible. You agree that, if you import text under a CC BY-NC license that requires attribution, you must credit the author(s) in a reasonable fashion. Where such credit is commonly given through page histories, 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 Plushie.Horse community decides that imported text cannot be used for that reason
  4. Non-text media: Non-text media on the Plushie.Horse site are available under a variety of different licenses that support the general goal of allowing unrestricted re-use and redistribution. 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 Plushie.Horse, 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 United States of America. 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 redistribute a text page developed by the Plushie.Horse community, you agree to attribute the authors 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 Plushie.Horse Web site; 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)

    If the text content was imported from another source, it is possible that the content is licensed under a compatible CC BY-NC license but not GFDL (as described in Importing text above). In that case, you agree to comply with the compatible CC BY-NC license and do not have the option to relicense it under GFDL. To determine the license that applies to the content you seek to re-use or redistribute, you should review the page footer, page history, and discussion page.

    In addition, please be aware that text that originated from external sources and was imported into Plushie.Horse may be under a license that attaches additional attribution requirements. Users agree to indicate these additional attribution requirements clearly. Such requirements may appear, for example, in a banner or other notation pointing out that some or all of the content was originally published elsewhere. Where there are such visible notations, re-users should preserve them.

    For any non-text media, you agree to comply with whatever license under which the work has been made available (which can be discovered by clicking on the work and looking at the licensing section on its description page or reviewing an applicable source page for that work). When re-using any content that we host, you agree to comply with the relevant attribution requirements as they pertain to the underlying license(s).

  8. Modifications or additions to material that you re-use: When modifying or making additions to text that you have obtained from the Plushie.Horse Web site, you agree to license the modified or added content under CC BY-NC 4.0 or later (or, as explained above, another license when exceptionally required). When modifying or making additions to any non-text media that you have obtained from the Plushie.Horse Web site, 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.

7. Removing Content[edit]

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification to us with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonable sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8. Third-party Web Sites and Resources[edit]

You are solely responsible for your use of any third-party Web sites or resources. Although Plushie.Horse contains links to third-party Web sites 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.

9. Management of Web Site[edit]

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 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 use 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;
  • Take legal action against users who violate these Terms of Use (including reports to law enforcement authorities); and
  • Manage otherwise the Plushie.Horse Web site in a manner designated to facilitate its 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 site, 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 the same site, unless we provide explicit permission. Without limiting the authority of the community, Plushie.Horse itself 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.

Plushie.Horse and its members may also take action when so allowed by the community policies, including but not limited to warning, investigating, blocking, or banning users who violate these policies. You agree to comply with the final decisions of dispute resolution bodies that are established by the community (such as arbitration committees).

The blocking of an account or access or the banning of a user under this provision shall be in accordance with Section 10 of these Terms of Use.

10. Termination[edit]

Though we hope you will stay and continue to contribute to Plushie.Horse, you can stop using our services at any time. In certain (hopefully unlikely) circumstances it may be necessary for us 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 site. 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.

11. Disputed and Jurisdiction[edit]

We hope that no serious disagreements arise involving you, but, in the event there is such a dispute, we encourage you to seek resolution through the dispute resolution procedures or mechanisms provided by the site. If you seek to file a legal claim against us, you agree to file and resolve it exclusively in a state or federal court located in Orange County, Florida. You also agree that the laws of the State of Florida and, to the extent applicable, the laws of the United States of America, will govern these Terms of Use, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles). You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Orange County, Florida, in any legal action or proceeding relating to us or these Terms of Use.

To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of our services or these Terms of Use must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).

12. Disclaimers[edit]

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 created 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 states or 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.

13. Limitation on Liability[edit]

Plushie.Horse will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage. In no event shall our liability exceed one thousand US dollars (USD 1000.00) in aggregate. In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you, although our liability will be limited to the fullest extent permitted by applicable law.

14. Modifications to These Terms of Use[edit]

Although most changes are likely to be minor, we may change our Terms of Use from time to time. Please check this page regularly to view these updates and take note of the update date below.

15. Other Terms[edit]

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, the community, or Plushie.Horse.

Notwithstanding any provision to the contrary in these Terms of Use, we (Plushie.Horse) and you agree not to modify the applicable terms and requirements of any free license that is employed when such free license is authorized by these Terms of Use.

These Terms of Use were written in English (US). While we hope that translations of these Terms of Use are accurate, in the event of any differences in meaning between the original English version and a translation, the original English version takes precedence.

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.