Effective Date: 1 Jan 2019
Don’t stop reading, please. These rules are important! By using the Site, you are agreeing to be bound by these Terms. You should know what they say, especially because if you do not agree to these Terms, you should not use the Site.
prafulkapadia.com is a speck at the edge of the internet universe. We are so far from the centre that even Google, with all its processing power, would take googolplex years to reach us travelling at warp speed.
The really short version of these Terms is: be cool!
And the short version is:
- If you’re here just to read and look: enjoy and, remember, we’re not giving you advice. You’re an adult who is not brain-washed by stuff you read on the internet!
- If you’re going to comment or interact with others: be nice!
- If you’re going to copy or create content: follow the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0) licence.
But the full Terms, which you really must read, are:
And now for the legalese
We grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use prafulkapadia.com in the manner described herein.
In short: this means that you can read, listen to, watch, and intellectually consume everything on the Site, plus comment on our posts. In exchange, we ask that you use the Site in the manner and spirit for which it was created and that you adhere to the policies that govern the Site’s use.
So in case it is unclear, you are NOT permitted to interrupt the serving of our Site, introduce malicious code to in the form of comments or any other way, assist anyone in misusing the Site in any way, or use the Site to violate the law or the safety or dignity of another person in any way. It takes work to make this site run. Be cool.
You can browse the Site without logging in. However, to comment on posts, you need to provide your name and email address.
This is our house
We may, in our sole discretion and without any forewarning, suspend or terminate your right to comment on this Site for violating these Terms, or for any other reason we choose. We can remove your User Content without any forewarning, for any reason we choose. And even when we don’t terminate your participation or remove your stuff, we want to be clear that it does not imply that we assume any responsibility for, or endorse, your User Content.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We can also remove the content we post on our site, without any forewarning, for any reason we choose.
Kids are cool. They’re our future. But the United States government has put limits on our ability to accept users under a certain age through the Children’s Online Privacy Protection Act of 1998. So to be clear, this Site is not intended for users under the age of 13, wherever they are in the world. Nobody under 13 may create an account or use any part of the Site that requires the submission of personally identifiable information, like email or name. Any such information provided by a person under 13 will be removed from the Site.
Creative Commons licence: Non-commercial sharing with attribution
Except where indicated, content on this Site is licensed under a Creative Commons License permitting non-commercial sharing with attribution. This means that you may link to it and otherwise share it, but if you do, you need to give us credit and link to this Site, like this: © Praful Kapadia. If you have an idea for collaboration, please contact us.
You assert that you have the right to publish what you post
Anything that you submit or make available on our Site is considered “User Content.” This includes comments that you write, as well as items that you upload or link to, like images, videos, graphics, audio files, text or other works. When you make User Content available on this Site, you are asserting that you have all the relevant copyright, trademark and intellectual property rights to make that work available or have a well-reasoned belief that your republication of the work is a “fair use.” We are creators and this is very important to us. Please do not post stuff that you do not have the right to post.
When posting User Content, follow the Mozilla Community Participation Guidelines. In short: be kind, be respectful, be direct but professional, give others the benefit of the doubt, assume others mean well, be inclusive, understand different perspectives, appreciate and allow for differences, and lead by example. Refrain from the following: violence or the threat of violence, personal attacks, derogatory language, unwelcome sexual attention or physical contact, disruptive behaviour, and influencing unacceptable behaviour.
You grant us the right to use your stuff
By submitting User Content, you grant us an unlimited license to use your content in any way we choose. This includes creative uses such as republishing the work on our Site, and elsewhere, and practical uses such as copying your content to make back ups of it, displaying it on the website, and distributing and modifying it as needed to make the Site work.
Because our servers are located remotely, and because User Content is retained indefinitely, you grant us these rights worldwide and irrevocably, and agree that we don’t owe you royalties for any use of your content based on these rights.
You grant the community the right to reuse your stuff
Further, when you make User Content available on this Site, you grant the world a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0) licence to it. Be mindful of this when you post.
It should go without saying, but we’ll say it anyway as some folks seem to miss it and may drag us into court: this Website contains links to other web sites or services that are not owned or controlled by us. These Terms apply only to this Website. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We do not endorse site content
We take no responsibility for, nor assume any liability, and expressly do not endorse or share the opinion of your User Content.
Use at your own risk: indemnities and warranties
When you create content, you are solely responsible for it and the opinions that you express are your own. You will not hold us responsible [you indemnify us] for any User Content that violates any law or infringes the rights of any third party.
In the legal world, indemnify means you agree to hold us, our officers, directors, employees and agents, harmless from and defend them against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way arising out of or in any way connected with your access to or use of the Site, Services, and all Our and User Content, your violation of these Terms of Service, your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) or any claim that your User Content caused damage to a third party.
THIS SITE IS PROVIDED “AS-IS.” PRAFUL KAPADIA AND CONTRIBUTORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES THAT THE SITE IS MERCHANTABLE AND FIT FOR YOUR PARTICULAR PURPOSES. YOU BEAR THE ENTIRE RISK AS TO USING THE SITE FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE SITE. WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER IN TORT, CONTRACT, OR OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA.
Any claim or dispute between you and us arising out of or relating to these Terms, in whole or in part, shall be governed by the laws of the United Kingdom, without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction of a state court located in the United Kingdom. If any portion of these terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect. In the event of a conflict between a translated version of these terms and the English language version, the English language version shall control.
Changes to these terms
We may modify our Terms at any time. If we make changes to this policy that we think materially alter its effect, we will make it clear to you in advance on this Website.
DMCA takedown notice and procedure
We respect the copyrights of others, and we ask you to do the same. When we reproduce a copyrighted image, text, video or music, we do so only to the extent necessary to comment upon or discuss it; or with permission from its copyright holder; and we always include a link to the original source when possible and appropriate.
We will, at our discretion, remove comments of any user that infringes the copyright of others.
If you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please contact us providing the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located, such as the URL where it is posted;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Please be aware that misrepresentations of infringement can result in liability for monetary damages.
If you posted material that has been removed due to a takedown notice and you believe that the material in question is not infringing, you may file a counter notification with us with the following information:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the united states, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under dmca 512 subsection (c)(1)(c) or an agent of such person.
These Terms are largely based on the Boing Boing Terms of Service, which is published under a Creative Commons licence.
Also helpful were the Firefox Cloud Services: Terms of Service.
Last updated: 19 March 2019