We run Commons. We believe everyone should do what they desire, see what they love and share what they want, but, we have to do it right and tell you no to do illegal or offensive things. Our basic TOS are based on the WordPress open source TOS, thanks WordPress.
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: August 1, 2015.
Terms of Service:
The following terms and conditions govern all use of the commons.fm website (the Website), applications for mobile devices such as iPhone, iPad, and Android (the Applications), and all content, services and products available at or through the website and mobile apps, (taken together, the Services).
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the services. If these terms and conditions are considered an offer by Commons, acceptance is expressly limited to these terms. The services are available only to individuals who are at least 13 years old.
- Your Commons Account and Services. If you create a Commons account on the Website or Applications, you are responsible for maintaining the security of your account and profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account or profile. You must not describe or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Commons may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Commons liability. You must immediately notify Commons of any unauthorized uses of your account, profile, or any other breaches of security. Commons will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. Commons uses all User interactions as Content, including interactions such as Votes, Views, Clicks, Comments, Shares, Add in addition to a Users Profile, and shares from Commons to other Social Networks such as Twitter, Facebook, or Google+, or via email. When you interact with Commons and post such Content, You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, comments or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- Your content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blogs URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Commons or otherwise.
- We always appreciate your feedback or suggestions about Commons, we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
- By submitting Content to Commons, you grant Commons a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely on or through the Commons Services. If you delete Content, Commons will use reasonable efforts to remove it, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
- Without limiting any of those representations or warranties, Commons has the right (though not the obligation) to, in Commons sole discretion (i) refuse or remove any content that, in Commons reasonable opinion, violates any Commons policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in Commons sole discretion. Commons will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Users of the Service. Commons has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that materials content, use or effects. By operating the Service, Commons does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Commons disclaims any responsibility for any harm resulting from the users, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Services and its Users link, and that link to the Services. Commons does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, Commons does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Commons disclaims any responsibility for any harm resulting from your use of linked-to or linked-from websites and webpages.
- Commercial use of Commons. If you want to use Commons for commercial purposes you must previously contact Commons and submit a detailed description of your products and actions inside Commons. You must receive written acceptance by Commons before using Commons for any commercial use.
- Copyright Infringement and DMCA Policy. As Commons asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Commons Services violates your copyright, you are encouraged to notify Commons in accordance with Commonss Digital Millennium Copyright Act (DMCA) Policy. Commons will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Commons will terminate a visitors access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Commons or others.
- Intellectual Property. This Agreement does not transfer from Commons to you any Commons or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Commons. Commons, commons.fm, the Commons logo, and all other trademarks, service marks, graphics and logos used in connection with Commons, or the Services are trademarks or registered trademarks of Commons or Commonss licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Commons or third-party trademarks.
- Advertisements. Commons reserves the right to display advertisements in the Services.
- Attribution. Commons reserves the right to display attribution links on shares to social networks, share pages that aggregate stories and related social context (comments, likes, etc) such as Powered by Commons or via Commons.
- Changes. Commons reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Commons may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Commons may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Commons account (if you have one), you may simply discontinue using the Services. Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided as is. Commons and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Commons nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Commons, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Commons under this agreement during the twelve (12) month period prior to the cause of action. Commons shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Commons, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Commons and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Commons, or by the posting by Commons of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Spain, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Madrid, Spain. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (JAMS) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Madrid, Spain, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Commons may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Your privacy is key for us. Our intention is to serve you things you will love. To make this possible we need to understand what you like and will like, in order to connect you to others like you. All parts of Commons are designed for that purpose, trying to be always zero intrusive; using an aseptic voting system or forms based on keywords instead of personal tests. If you are comfortable, we are comfortable. As you will understand, as you interact with Commons we learn about your tastes and interests, making possible the magic: identifying new and better commons for you.
On top of this, we don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
We believe in simplicity, and this reaches your privacy. All functionality you see is what you see, and therefore we make it easy to control what you make public. Your Profile is public by default when you create it, as the nature of Commons is getting in touch, publicly, with others.
If you have questions or concerns about your data, please send us an email to: firstname.lastname@example.org
2013 Commons S.L (“Commons”) operates websites, mobile applications, and other services including commons.fm, iPhone, iPad, and Android applications, and APIs (collectively, the “Services”). It is is Commons’s policy to respect your privacy regarding any information we may collect while operating our Services.
Like most website. mobile application, and internet service operators, Commons collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Commons’s purpose in collecting non-personally identifying information is to better understand how Commons’s visitors use its website. From time to time, Commons may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Commons also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in and logged out users at commons.fm. Commons only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
Gathering of Personally-Identifying Information
When people use Commons, we ask them to setup an account with username and email address, and we ask them to connect social accounts and provide other information, such as location, that we can use to help the user find better alike users. In each case, Commons collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Commons. Commons does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information.
Commons may collect statistics about the behavior of users of its Services. For instance, Commons may monitor all user interactions in order to enhance a better discovery experience. Commons may display this information publicly or provide it to others without disclosing personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Commons discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Commons’s behalf or to provide services available at Commons’s services, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Commons’s services, you consent to the transfer of such information to them. Commons will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Commons discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Commons believes in good faith that disclosure is reasonably necessary to protect the property or rights of Commons, third parties or the public at large. If you are a registered user of Commons and have supplied your email address, Commons may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Commons and our products. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Commons takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Commons, or substantially all of its assets, were acquired, or in the unlikely event that Commons goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Commons may continue to use your personal information as set forth in this policy.
Comments and other content posted to Commons or shared via Commons to third party social networks are saved on our servers.