Updated April 18, 2022
Adapted from the Wordpress Terms of Service on April 17th, 2022, licensed under a Creative Commons Attribution-ShareAlike 4.0 International license.
OpenJewelry is currently in the early stages of an Alpha test. That means that not all features are currently implemented — for example, this document makes references to advertising on the OpenJewelry website, which does not actually happen currently. These sections are left in to reference things that may be added to the website in the future, and the appropriate sections will be revised when needed.
We (the OpenJewelry team) are on a mission to bring open-source jewelry designs to as many people as possible. We hope you love our products and services as much as we love creating them. These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don't agree to these Terms, don't use our services. We've made these Terms available under a Creative Commons Sharealike license, which means that you're more than welcome to copy them, adapt them, and repurpose them for your own use. Just make sure to revise them so that your Terms of Service reflect your actual practices. Also, If you do use it, we'd appreciate a credit and link to OpenJewelry (and the original creators of the document, Automattic). You can grab a copy of these Terms and other legal documents on GitHub.
These Terms govern your access to and use of the products and services we provide through or for open.jewelry and any associated subdomains (collectively, “Services”). Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you're authorized to accept the Agreement on that person's or entity's behalf, that by using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us. Please see below to determine which entity your Agreement is with, which depends on where you reside and which Services you use. We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, Russia, and all countries located in Europe (including the UK and ROI).
Our Services are not directed to children. You're not allowed to access or use our Services if you're under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you're at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you're under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
We haven't reviewed, and can't review, all of the content (like text, photo, video, audio, code, computer software, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We're not responsible for any use or effects of Content or third-party websites. So, for example:
Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you.
We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:
OpenJewelry enables you to share your incredible designs with other artists and makers around the world, and we would love for you to use it. An OpenJewelry account also allows you to sign into our Services. OpenJewelry's service is free. We don't own your content, and you retain all ownership rights you have in the content you post to OpenJewelry, but we ask that anything you contribute be licenced under an open-source agreement. You must be responsible in what you publish. In particular, make sure that nothing prohibited (like spam, viruses, or serious threats of violence) appears on your posts and comments. If you find any OpenJewelry content that you believe violates these Terms, please let us know. License. When you make a post on OpenJewelry, you are required to select an appropriate open-source license that will apply to all aspects of the content, including text, images, design files, and anything else you add. The license will be displayed alongside your content on OpenJewelry. We will respect the terms of your chosen license, and in turn we ask that you respect the terms of other content's licenses. Removing Content. If you delete Content, we'll use reasonable efforts to remove it from public view (or in the case of a private website, from view by the authorized visitors) on OpenJewelry, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable. Web Traffic. We may use a third-party service to measure OpenJewelry's audience and usage. By having your content on OpenJewelry, you agree to assign the traffic for your website to the OpenJewelry team, and you authorize us to sign a Traffic Assignment Letter on your behalf. This means that your content's traffic may be included under OpenJewelry, your content may not receive credit for traffic in the respective reports, and you must not assign your content's traffic to any other party. If we require additional documentation to verify ownership of your content, you agree to make reasonable efforts to provide it. Prohibited Uses. Your Content and conduct must not violate the OpenJewelry User Guidelines. HTTPS. We offer free HTTPS on OpenJewelry by default, via Let's Encrypt. Advertisements. We may display advertisements to you on our website.
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please send us a notice.
The Agreement doesn't transfer any OpenJewelry or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between the OpenJewelry team and you) solely with the OpenJewelry team.
While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications provided or manufactured by a third party or yourself (“Third-Party Services”).
If you use any Third-Party Services, you understand that:
In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services from your account.
We may update, change, or discontinue any aspect of our Services at any time. Since we're constantly updating our Services, we sometimes have to change the legal terms under which they're offered. The Agreement may only be modified if the OpenJewelry team posts a revised version. We'll let you know when there are changes: we'll post them here and update the “Last Updated” date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any OpenJewelry policy, or is in any way harmful or objectionable, (ii) ask you to make adjustments, restrict the resources your content uses, or terminate your access to the Services, if we believe your content's storage or bandwidth usage burdens our systems, or (iii) terminate or deny access to and use of any of our Services to any individual or entity for any reason.
Our Services are provided “as is.” The OpenJewelry team 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 the OpenJewelry team, nor its suppliers and licensors, makes any warranty that our Services 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, our Services at your own discretion and risk.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of New Jersey, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in New Jersey.
In no event will the OpenJewelry team, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the 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; or (iii) for interruption of use or loss or corruption of data. The OpenJewelry team shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless the OpenJewelry team, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys' fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services and Content that you post.
You may not use the Services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. government authority relating to designated, restricted or prohibited persons.
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between the OpenJewelry team and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The OpenJewelry team may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.