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Add lawyered ToS

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= Arch Linux Terms of Service
Version: 2021-07-18
:toc:
:sectnums:
:homepage: https://archlinux.org
== Scope of the Terms of Service
=== Definitions
The following Terms of Service contain the rules for the use of the internet Platform Arch Linux,
operated by the Arch Linux Team, accessible under the domain archlinux.org and various related
subdomains (the "Platform") and the respective Services, namely provision of the Arch Linux
package platform, the forums, the wiki, the bug reporting tool and a reporting tool for security
issues, Arch User Repository (AUR), Mailing Lists, IRC Channels, collaboration pads and the
Bulletin Board System (the "Services") of Arch Linux ("Arch Linux", "we") by you as a user (the
"User", "you").
=== Use of the Services
The use of the Services that require registration are only permitted if you as a User accept these
Terms of Service. The use of the Services is only permitted to natural persons who are of legal
age and capable of contracting without restriction. Minors may also be Users, provided they have
the permission of their parents or legal representatives.
=== Access to Terms of Service
The Terms of Service in their latest version can be accessed by the User at any time on the
website: https://gitlab.archlinux.org/archlinux/service-agreements.
== Registration, Conclusion of Contract and Subject Matter
=== Requirements
Requirement for the use of the Services that enable the User to contribute Content (Interactive
Services) is the registration via the corresponding online registration form. The User can create
the corresponding account free of charge by filling in the fields provided (e.g. Username, e-mail
address), actively agreeing to these Terms of Service and being informed of the Privacy Policy by
means of clicking on "Register". If Users make a typographical error or similar, they can correct
their entries in the respective fields at any time before submitting the registration request. After
registering via the online form, Users will receive a confirmation e-mail, with which Users can
confirm their registration by logging in with the login information provided. With the activation of
your account by Arch Linux, the Terms of Service come into effect (conclusion of the contract).
There is no legal entitlement to activation or participation of the Services. The unrestricted
domiciliary rights of Arch Linux apply.
=== Change of the Platform
Arch Linux reserves the right to change and expand the Services and structure of the Platform
as well as the associated user interfaces, if this does not or only insignificantly affect the purpose
of these Terms of Service concluded with the User. Arch Linux will inform the Users about the
changes accordingly.
== Duties as a User of the Interactive Services
=== Completeness of Information
You agree to provide us with complete and accurate information when you register for an
account. If User's personal data changes after registration, Users must update the information in
their User account without delay or notify us of the changes if they are unable to make the
changes themselves.
=== Account Use
Your account may only be used by yourself. The use of trademarked words and internet
addresses as Usernames (nicknames) are not allowed. As the owner of the account, you are also
responsible for protecting it against misuse. Your access data must therefore be protected from
access by third parties. Passwords must always be kept secret and may not be disclosed to third
parties. The User is obligated to immediately report any suspected misuse of the access data.
=== Conduct
The Interactive Services require a peaceful and respectful interaction among Users without
offensive hostility. Users are obliged to behave lawfully, appropriately and respectfully at all times
in exchanges with other Users, including the use of appropriate language and refraining from
providing untrue statements. In addition, Users agree to comply with our forum rules available
under: https://bbs.archlinux.org/viewtopic.php?id=130309 and agree to behave according to our
Code of conduct available under: https://gitlab.archlinux.org/archlinux/service-agreements/-
/blob/master/code-of-conduct.md?.
=== Content and Conduct
If Users operate an account to Interactive Services in particular, if you upload packages,
maintain a package, comment on a package or issue or merge request, file a package request,
post material to the Arch Linux User Repository, forums or the wiki, IRC Channels or the Bulletin
Board System, post links, or otherwise make (or allow any third party to make) material available
(“Content”), Users are solely responsible for such Content, and any harm resulting from, that
Content or the Users conduct.
=== Violations
Users agree that they will not publish any Content that violate these rules, morality or otherwise
violate applicable law. In particular, Users are prohibited
* to publish insulting Content, untrue statements or malicious code;
* to send spam to other Users via the Interactive Services;
* to use Content protected by law, in particular by copyright (e.g. any illegal copies of software)
and trademark law, without authorization;
* to perform anti-competitive actions;
* to publish third party press articles in the forum without the consent of the author;
* to post your topic more than once in the Interactive Platforms (prohibition of double postings);
* to advertise in the Interactive Services without the express written permission of Arch Linux.
=== Permanent Entries
Users acknowledge that contributions and topics can be recorded in search engines and thus
become accessible worldwide. A claim for deletion or correction of such search engine entries
against Arch Linux is excluded.
=== Content Discretion
We reserve the right in our sole discretion to refuse, delete, modify or remove any User Content
on our Services and to reclaim your Username or website’s URL due to prolonged inactivity. In
addition, we have the right in our sole discretion, independent of legal claims, to impose the
following sanctions against you as a User in case of violation of these Terms of Service:
* issuing a warning or
* terminating your account or blocking access to the Interactive Services.
== Liability of the Users; Indemnification
Users acknowledge that in the event of unlawful conduct, there is a risk that we may be held
liable by third parties for the legal violations committed. If Users have culpably violated obligations
arising from these Terms of Service and a claim is made against us by a third party as a result,
Users are obligated to indemnify us against all costs incurred in this connection. The
indemnification also applies to all necessary costs incurred by us because of our own legal
defense, insofar as these correspond to the respective statutory fee rates for attorneys. Arch
Linux is entitled to demand an appropriate advance payment from the User for this purpose.
Users are obligated to support the provider in good faith with information and documents in the
legal defense against third parties. All further rights as well as claims for damages of the Arch
Linux remain unaffected.
== Transfer of rights of use
=== Copyright
The copyright for topics and contributions, as far as these are protectable by copyright, remains
in principle with the User. However, by posting a topic or contribution, the User grants us all rights
of use to the provided Content, which we need to offer our Services, in particular to make
necessary copies and, if necessary, adaptations and to make the Content publicly accessible and
to keep the topic or contribution permanently available. The User assures to hold all rights of use
of the uploaded or otherwise used Contents necessary for the use on the Platform. Before using
or otherwise making available any Content, the User is obliged to ensure that its use is legally
permissible and to obtain rights of use for the use of Content, if necessary, which entitle him,
among other things, to grant us the necessary rights of use and to inform us immediately if he
discovers that he has used illegal Content or otherwise made it available to us. In addition, Arch
Linux has the right to delete, edit, move or close your topics and contributions.
=== Contribution Licenses
In the case of a contribution of software to an Arch Linux Project via GitLab or otherwise, you
agree to license the contribution under the Project's license. If the Project does not state a
license, you agree to license it under the terms of the GNU General Public License version 3.
Users contributing software to the Arch Linux Services ensure that they are permitted to license
the software under the respective license and indemnify Arch Linux from all liability resulting from
any lack of permission in accordance with section 4. of these Terms of Service.
=== Continuation of Rights
The aforementioned rights of use remain in force even in the event of termination of the User
account.
== Availability of the Platform
You acknowledge that 100% availability of the Platform and the Services cannot be guaranteed.
However, we make every effort to keep the platform available as constantly as possible.
Particularly necessary maintenance work may, of course, lead to disruptions or temporary
unavailability.
== Liability of Arch Linux
=== Limitation of Liability
Arch Linux is not responsible for the Content posted in the Interactive Services by its Users, in
particular for its accuracy, completeness and timeliness. Our Services may contain Content that is
offensive, indecent, or otherwise objectionable, as well as Content containing technical
inaccuracies, typographical mistakes, and other errors. Our Services 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.
=== Content Review
Arch Linux has not reviewed, and cannot review, all of the material, including computer
software, posted to our Interactive Services, and cannot therefore be responsible for that
materials Content, use or effects. 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. As soon as we become aware of unlawful Content or of a link to
fee-based websites or services, we will remove the Content or the links or block access to them.
=== Limitation of Damage Claims
Claims for damages are excluded both against Arch Linux and its vicarious agents. This
limitation of liability does not apply if the damage was caused intentionally or by gross negligence,
as well as in the case of the violation of essential contractual obligations, i.e. such obligations
whose fulfilment makes the proper execution of a contract possible in the first place, on whose
compliance you may therefore regularly rely, and whose violation on the other hand endangers
the achievement of the purpose of the contract. Furthermore, the limitation of liability does not
apply to damages resulting from injury to life, body or health, if Arch Linux is responsible for the
breach of duty. Furthermore, the limitation does not apply to damages that are based on the
absence of a warranted characteristic or for which liability is stipulated under mandatory statutory
provisions.
=== Further Limitation of Liability
In all other respects, our liability is excluded, irrespective of the legal grounds. In particular, we
are not liable for the Content of other websites that are linked to the Platform. Links by Users to
fee-based websites or Services are not permitted. We do not adopt the Contents of external
linked sites as our own and do not assume any responsibility for them.
== Amendment of the Terms of Service
=== Amendments
We are also entitled to amend these Terms of Service insofar as this is necessary to eliminate
equivalence problems that arise subsequently or to adapt to changes in the legal or technical
framework conditions or due to the receipt of a decision or resolution as well as to include specific
details and provisions for the use of any newly introduced additional features for the Platform.
The planned amendments to the Terms of Service will be announced to you by e-mail to the e-
mail address you provided during registration no later than four weeks before the planned
effective date. Your consent to the amendment of the Terms of Service shall be deemed granted
if you do not object to the amendment in text form (e.g. letter, e-mail) within a period of two
weeks, starting on the day following the amendment announcement. We undertake to point out
separately in the notice of change the possibility of objection, the deadline for objection, the text
form requirement and the significance or consequences of failure to object.
=== Objections to Amendments
If you object to the amendment of the Terms of Service in due form and time, any contractual
relationship shall be continued under the previous Terms of Service. In this case, we reserve the
right to terminate the corresponding contractual relationship at the next possible date. A full list of
all changes and date of last change for all of our legal documents is available here:
https://gitlab.archlinux.org/archlinux/service-agreements.
== Term and termination of the Agreement
=== Period of Terms of Service
These Terms of Service shall be concluded for an indefinite period.
=== Termination
Both parties can terminate Terms of Service without cause and any period of notice.
=== Account Deletion
If Users delete their account or it was deleted (termination of the contract), their public
statements, in particular contributions, may remain visible to all readers.
== Miscellaneous
=== Applicable Law
These Terms of Service as well any other agreements between us and you shall be governed
exclusively by German law to the exclusion of the provisions of the United Nations Convention on
Contracts for the International Sale of Goods (CISG, "UN Sales Convention").
=== Severability Clause
Should individual provisions of these Terms of Service contradict the statutory provisions and be
invalid, the remaining provisions shall remain unaffected.
=== Disputes
The platform for online dispute resolution of the European Commission can be reached at:
http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute
resolution procedure before a consumer arbitration board.
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This is revision 1, effective since ISO DATE HERE.
Arch Linux Terms of Service
===========================
The following terms and conditions govern all use of the Arch Linux Services
and all content and services available at or through the
website. Our Services are offered subject to your acceptance without
modification of all of the terms and conditions contained herein and all other
operating rules, policies (including, without limitation, our Privacy Policy)
and procedures that may be published from time to time by Arch Linux. You agree
that we may automatically upgrade our Services, and these terms will apply to
any upgrades.
Please read this Agreement carefully before accessing or using our Services. By
accessing or using any part of our 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 or use any of our
services.
Our Services are not directed to children younger than 13, and access and use
of our Services is only offered to users 13 years of age or older. If you are
under 13 years old, please do not register to use our Services. Any person who
registers as a user or provides their personal information to our Services
represents that they are 13 years of age or older.
Responsibility of Contributors
------------------------------
Some uses of our Services require creating an account. You agree to provide
us with complete and accurate information when you register for an account. You
will be solely responsible and liable for any activity that occurs under your
user name. If you operate an account, maintain a package, upload package
contents, comment on a package or issue or merge request, file a package request,
post material to the Arch Linux User Repository or the Bulletin Board System or
GitLab, post links, or otherwise make (or allow any third
party to make) material available (any such material, Content), you are
entirely responsible for the content of, and any harm resulting from, that
Content or your conduct. That is the case regardless of what form the Content
takes, which includes, but is not limited to text, photo, video, audio, or
code.
You agree not to use the service to upload, post or make available otherwise
any content that is unlawful, harmful, threatening, abusive, harassing, vulgar,
sexually explicit, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable. You agree not to use the service to
upload, post or make available otherwise any content that is copyrighted
without the content author's consent. You agree not to use the service to
upload, post or make available otherwise any material that contains software
viruses or other malicious code, or any illegal copies of software.
By submitting content to any Arch Linux Service, you agree to license the content
under the terms of the GNU General Public License version 3 unless otherwise
stated by the Service. In the case of a Contribution to an Arch Linux Project
via GitLab or otherwise, you agree to license the Contribution under the Project's
license. If the Project doesn't state a license, you agree to license it under the
terms of the GNU General Public License version 3.
If you delete content, you acknowledge that caching or references to the
content may not be made immediately unavailable.
You are responsible for keeping your password and any multi-factor authentication
tokens and devices secure.
You are responsible for ensuring continued access to your account by securely
backing up the password and any multi-factor authentication tokens and devices.
If you lose access to your account, Arch Linux may or may not be able to assist
you in regaining access to your account.
Without limiting any of those representations or warranties, Arch Linux has the
right (though not the obligation) to, in Arch Linux's sole discretion, (i)
reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse
or remove any content that, in our reasonable opinion, violates any Arch Linux
policy or is in any way harmful or objectionable, or (iii) terminate or deny
access to and use of the Services to any individual or entity for any reason.
In addition, you agree to behave according to our [Code of conduct](code-of-conduct.md).
Responsibility of Visitors
--------------------------
Arch Linux has not reviewed, and cannot review, all of the material, including
computer software, posted to our Services, and cannot therefore be responsible
for that material’s content, use or effects. By operating our Services, Arch
Linux 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. Our Services may contain content that is offensive,
indecent, or otherwise objectionable, as well as content containing technical
inaccuracies, typographical mistakes, and other errors. Our Services 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. Arch Linux disclaims any responsibility for any
harm resulting from the use by visitors of our Services, or from any
downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including
computer software, made available through the websites and webpages to which
our Services may refer, and that refer to our Services. Arch Linux does not have
any control over those non-Arch Linux websites, and is not responsible for their contents
or their use. By linking to a non-Arch Linux website, Arch Linux does not
represent or imply that it endorses such website. 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.
Arch Linux disclaims any responsibility for any harm resulting from your use of
non-Arch Linux websites and webpages.
Disclaimer of Warranties
------------------------
Our Services are provided "as is". Arch Linux 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 Arch Linux 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.
Limitation of Liability
-----------------------
In no event will Arch Linux or the Arch Linux staff 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; or (iii) for interruption of use or loss or corruption of data.
Arch Linux 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.
Termination
-----------
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. If you
wish to terminate this Agreement or your registered account (if you have one),
you may simply discontinue using our Services. All provisions of this Agreement
which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
Changes
-------
We are constantly updating our Services, and that means sometimes we have to
change the legal terms under which our Services are offered. If we make changes
that are material, we will let you know by posting on one one of our news pages,
on one of our mailing lists or by sending you an email or other communication before
the changes take effect. The notice will designate a reasonable period of time
after which the new terms will take effect. If you disagree with our changes,
then you should stop using our Services within the designated notice period.
Your continued use of our Services will be subject to the new terms. However,
any dispute that arose before the changes shall be governed by the Terms
(including the binding individual arbitration clause) that were in place when
the dispute arose.
A full list of all changes and date of last change for all of our legal documents is
available here: https://gitlab.archlinux.org/archlinux/service-agreements
About This Document
-------------------
This document was derived from the Automattic Terms of Service and is licensed
under [CC BY-SA 4.0](https://creativecommons.org/licenses/by-sa/4.0/).
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