(Effective August 14, 2009)
Both the Website and the ccNet Services are controlled and offered by CC from its facilities in the United States of America. CC makes no representations that the Website or the ccNet Services are appropriate or available for use in other locations. If you are accessing or using the Website or the ccNet Services from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law.
From time to time, Creative Commons may change, remove, add to
do so in its discretion. In that case, we will post the updated
modifications are material, we will make commercially reasonable
efforts to notify you electronically. For example, we may send a
message to your email address, if we have one on file, or we may
display a notice on the ccNet website indicating that the Terms
effect immediately; provided, however, that if deemed material
by Creative Commons it its sole discretion, such new and/or
additional material terms will be marked as such and will take
effect 30 days after they are posted on ccNet. Notwithstanding
apply to any dispute between you and Creative Commons that arose
prior to the effective date of any modification and (ii) if you
terminate this agreement by ceasing use of the ccNet
website. Your continued use of the ccNet website after new
About ccNet Generally.
CC Network Membership.
Subject to the terms and conditions in these Terms and Services, any person may join the CC Network when they donate the minimum amount specified on our support page. In addition, Creative Commons may offer membership in its CC Network on other terms that CC deems appropriate in its sole discretion. Visit our support page for more information about donating to Creative Commons.
Membership in the CC Network must be renewed annually based on the date of donation. Your membership will expire automatically if not renewed prior to the anniversary of the last donation you made for the minimum amount required to maintain membership. Creative Commons will use reasonable efforts to notify you of your renewal date in advance of expiration. Creative Commons reserves the right to change the annual minimum donation amount in its sole discretion (but never retroactively), and will use reasonable efforts to notify Members in advance of their donation renewal date.
ccNet and ccNet Services Generally.
Features of Membership
By joining the CC Network, Members have the option of creating an account on ccNet and using the ccNet Services, which currently include, but may not be limited to:
(1) a profile page for each Member of the CC Network, where the
Member may, among other things, identify themselves, post a story
about themselves ("Your CC Story"), and identify and provide links to
works such Member has licensed under a Creative Commons license ("list
of works"); the Member's full name, as displayed at registration, will
be visible on this page;
(2) a badge that Members can place on website pages they create identifying them as a Member of the CC Network, as well as on Creative Commons license deeds associated with their CC licensed works ("badge"); and
(3) OpenID service provided by Creative Commons.
Registration; Security; Notice
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on ccNet, (b) maintain the security of your password and identification, (c) maintain and promptly update your registration information and any other information you provide to Creative Commons, and to keep it accurate and complete to, among other things, allow us to contact you, and (d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that Creative Commons has up-to-date contact information for you. You may not set up an account, membership or a profile page on behalf of another individual or entity unless you are authorized to do so.
You agree that, in the event that Creative Commons is served with an infringement notice under section 512(c)(1)(C) of the US Copyright Act, Creative Commons will have taken reasonable steps (as required by section 512(g)(2)) if it promptly notifies you using the latest contact details you provided via your ccNet profile page. See also "Copyright Complaints; DMCA Compliance" below.
No Membership in CC
Profile Pages; Badges.
Creative Commons may permit Members of its CC Network to create and maintain a profile page. Creative Commons does not pre-screen or approve profile pages, and cannot guarantee that a profile page was actually created and is being maintained by the individual or entity that is the subject of a profile page. Creative Commons is not responsible for the Content (as defined below) of any profile page, including without limitation the accuracy of any list of works or the provenance and/or ownership of such works, or the provenance or ownership of any works to which a badge may be affixed.
Members of the CC Network may choose to use their CC Network profile as an OpenID. Using OpenID carries risks, some of which are described here, although there are others that Members should be aware of.
OpenID may be used, among other things, to access websites, engage in commercial and noncommercial transactions, and communicate with others (to share information, personal and non personal, as well as other purposes). By using Creative Commons as your OpenID service provider, you acknowledge and agree that Creative Commons is not responsible or liable for any action or inaction of any third party (including without limitation operators of websites you access using your OpenID) that is involved, directly or indirectly, in any transaction or communication you engage in using your OpenID, for any third party's failure to perform, to pay any amounts due, to keep your personal or other information or communications private, to deliver any merchandise or services as promised, or for any other aspects of any transaction or communication you engage in using your OpenID. All transactions (whether commercial or non commercial) that you enter into and all communications that you engage in using your Creative Commons OpenID are strictly between you and the other party(ies) thereto.
CREATIVE COMMONS PROVIDES OPENID SERVICES ON AN 'AS IS' BASIS. YOU AGREE TO USE OPENID AND CREATIVE COMMONS AS YOUR OPENID SERVICE PROVIDER AT YOUR OWN RISK.
By using your Creative Commons OpenID, (a) you represent and warrant that you have reviewed the information on ccNet about OpenID and its risks, and that you have otherwise educated yourself to your own satisfaction about the risks associated with using OpenID before using OpenID and agree to assume all such risks, and (b) you agree to take reasonable care and precautions when using your OpenID, including but not limited to the following phishing countermeasures:
(1) checking the lock icon and URL bar to ensure that you are indeed visiting Creative Commons whenever you use your OpenID login, and that the connection is properly authenticated, AND
(2) refusing to log in if the Creative Commons web site certificate is in any way invalid.
Termination; Termination and Inactivation of CC Network Membership.
Each Member of the CC Network agrees and understands that when their membership is terminated by either the Member or Creative Commons for any reason, CC may take certain actions relating to the Member's access to the ccNet Services, including but not limited to the following:
- the ccNet website page displaying their profile data will be deleted and discarded from the ccNet website;
- CC's servers will stop serving a badge associating such person with the CC Network, resulting in the badge no longer appearing in any manner whatsoever on the Creative Commons license deeds associated with their CC licensed works; and
- the Member's account access on ccNet will terminate.
Further, each Member of the CC Network agrees and understands that when their membership expires due to non renewal, CC may take certain actions related to the Member's account access to the ccNet Services, including but not limited to the following:
- the ccNet website page displaying their profile may indicate to the public that the Member is inactive through any means CC determines to be appropriate in its sole discretion (such as by stating "inactive" on such Member's profile page);
- CC's servers will serve their badge as inactive, which Creative Commons may indicate through any means CC determines to be appropriate (such as by stating on the badge that the Member is "inactive" or by changing the color or other design elements of the badge associated with the inactive Member); and
- the Member may continue to access their ccNet account but may not be able to edit their profile or other posted Content (defined below) (unless and until renewed); provided that upon request of the inactive Member, Creative Commons will promptly delete such Member's profile and other posted Content.
In addition, Creative Commons reserves the right to delete and purge any account and all Content associated therewith following any prolonged period of inactivity, all as may be determined by Creative Commons in its complete discretion.
The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable CC license. Your warranties and indemnification obligations shall survive any termination for one year.
About the Content you Post to ccNet
You may post and thereafter edit Your CC Story on ccNet for public viewing. To the extent such Content is copyrightable, as a condition to making the posting you must license Your CC Story to the world under the Creative Commons Attribution 3.0 Unported License. By submitting Content (including Your CC Story and your photograph/image) to ccNet, you represent and warrant to Creative Commons that you have all necessary rights and authority to upload such Content to http://creativecommons.net, and in the case of Your CC Story and photograph/image, to license it to the world under the Creative Commons Attribution 3.0 Unported License.
You alone are responsible for creating backup copies and replacing any Content you post on ccNet, and you authorize Creative Commons to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on ccNet. You may remove your Content from ccNet at any time. If you choose to remove Your CC Story and/or photograph/image, the Creative Commons license granted above will remain in full force and effect in accordance with its terms. Creative Commons does not assert any ownership over your Content. As between Creative Commons and you, you retain full ownership of all of your Content.
Use of Content Posted to ccNet
You may use the Stories and photographs/images that you find on ccNet in accordance with the Creative Commons Attribution 3.0 Unported License. You acknowledge that under the Creative Commons Attribution 3.0 Unported License, all rights not expressly granted under the terms of the license are reserved to the creator. For the avoidance of doubt, you must attribute all Stories and photographs/images in the manner required by the author or licensor and in accordance with the terms of such license and you must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with a Story or photograph/image. You represent and warrant to Creative Commons that you will use any and all Stories and photographs/images made available at ccNet in accordance with such license. You should be sure to review the terms of that license before you use it so that you know what you can and cannot do with them.
By using ccNet, you agree that you are solely responsible for your use of any and all Content made available thereon. Further, you represent that you understand that all information and Content made available at or submitted to the ccNet site is the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they upload or list and/or link to on their profile page (including the list of works and the works so listed) or works to which a Member of the CC network (whether active or inactive) has affixed a badge. You also acknowledge that Creative Commons does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content and information made available at the instigation of users of the ccNet site (including the provenance or ownership of works included on a list of works or any work to which a badge is affixed). You understand that by using the ccNet, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is Creative Commons liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the ccNet site or the ccNet Services.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content not created by us or submitted to us, including without limitation information posted on or linked to from any profile page or elsewhere on ccNet, works identified on a list of works, or works to which a badge has been affixed.
You further agree that all content posted by Creative Commons (as opposed to Members or other users) on the Website is made available under the terms of the CC license specified on ccNet, and that all rights not expressly granted under the terms of such license are reserved to Creative commons and its licensors.
User and Member Conduct
Users of ccNet and Members of the CC Network agree not to use ccNet or any of the ccNet Services to:
- Post, use or transmit material or Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
- Post, use or transmit unsolicited or unauthorized materials or Content, including advertising or promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unsolicited or unwelcome solicitation or advertising;
- Post, use or transmit material or Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the ccNet site or servers or networks connected to the ccNet site, or that disobeys any requirements, procedures, policies or regulations of networks connected to the ccNet site;
- Post or transmit material or Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise objectionable, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
- Intimidate or harass another;
- Use or attempt to use another's account, service (including ccNet Services), or personal information;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Website or the ccNet Services;
- Attempt to gain unauthorized access to ccNet or the ccNet Services, other accounts, computer systems or networks connected to ccNet or the ccNet Services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of ccNet or the ccNet Services or any activities conducted through ccNet or the ccNet Services;
- Use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of our Website; or
- Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Website (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute this Website; or, (ii) use ccNet or ccNet Services in any manner that could disable, overburden, damage or impair ccNet or ccNet Services, or interfere with any other party's use and enjoyment of ccNet or ccNet Services.
Third Party Websites and Third Party Content.
ccNet may contain links to websites not controlled by Creative Commons ("Third Party Websites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information and other Stories or items belonging to or originating from persons or organizations other than Creative Commons ("Third Party Content"). You acknowledge that Creative Commons: (a) is not responsible or liable for any Third Party Websites, including without limitation, the Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness or completeness; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content (including without limitation, lists of works).
DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, CREATIVE COMMONS OFFERS CCNET AND THE CCNET SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING CCNET OR THE CCNET SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT (INCLUDING WITHOUT LIMITATION NONINFRINGEMENT FOR WORKS CONTAINED IN ANY LIST OF WORKS POSTED ON CCNET OR ANY WORK TO WHICH A BADGE IS AFFIXED). CREATIVE COMMONS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON CCNET OR RELATING TO THE CCNET SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT CCNET OR CC'S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CREATIVE COMMONS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
LIMITATION OF LIABILITY.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL CREATIVE COMMONS, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS ("THE CREATIVE COMMONS PARTIES") BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH CCNET, THE CCNET SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), INCLUDING WITHOUT LIMITATION THE OPENID SERVICES, OR THE USE OF ANY MATERIAL INCLUDED OR POSTED AT CCNET, EVEN IF THE CREATIVE COMMONS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE CREATIVE COMMONS PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON CCNET (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO LISTS OF WORKS POSTED ON CCNET OR WORKS TO WHICH A BADGE IS AFFIXED), FOR YOUR USE OF THE CCNET SERVICES (INCLUDING THE OPENID SERVICES), OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON CCNET OR OTHERWISE RELATING TO MEMBERSHIP IN THE CC NETWORK OR THE CCNET SERVICES.
ccNet may contain trademarks, service marks, logos and other names that are the property of Creative Commons or such other party as indicated with respect to that name or icon. In the case of Creative Commons' trademarks, logos and icons, these may only be used in accordance with our trademark policy.
Copyright Complaints; DMCA Compliance.
Creative Commons respects the intellectual property rights of others, and we prohibit Members of our CC Network or other users of ccNet or ccNet Services from uploading, posting or otherwise transmitting any materials that violate another person's intellectual property rights.
Creative Commons complies with the provisions of the Digital Millennium Copyright Act (DMCA). In compliance with the DMCA, a Designated Agent has been established with proper documentation sent to the US Copyright Office. If you have a concern regarding the use of copyrighted material on ccNet or any other Creative Commons website, please refer to our DMCA Notice and Takedown Procedure and contact our designated agent to report alleging copyright infringement. The designated agent is:
444 Castro Street, Suite 900
Mountain View, CA 94041