Terms and Conditions Legal Info

Full Terms and Conditions

1. Acceptance of Terms

The metamute Network, Mute Publishing Ltd. ("metamute"), comprised of the internet sites metamute.org, publiclibrary.metamute.org, sub domains, crm.metamute.org of metamute.org and sub domains of metamute.net provides the information and services on metamute Sites to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Your use of metamute Sites constitutes agreement with such Terms.

Before using metamute Sites, please carefully read this agreement relating to your use of metamute Sites. By using metamute Sites, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use metamute Sites.

metamute reserves the right, at metamute's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, metamute intends to provide users with up to fourteen days of advance notice). Your continued use of the metamute Sites following the posting of changes to these Terms will mean that you accept those changes.

Use of metamute Sites constitutes full acceptance of and agreement to the Terms; if a user does not accept metamute's Terms, he or she is not granted rights to use metamute Sites as defined herein, and should refrain from accessing metamute Sites.

To update these Terms, metamute will post both the changed version and its effective date at http://metamute.org/.

metamute reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all metamute Sites (or any part thereof). metamute shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

2. No Unlawful or Prohibited Use

By using metamute Sites, you warrant to metamute that you will not use metamute Sites, or any of the content obtained from metamute Sites, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the metamute Sites automatically terminates.

3. Description of Services

The metamute Sites are owned and operated by metamute for the purpose of supporting critical discussion and the field of art, technology and politics (the "Purpose"). The metamute Sites provide technology, news, tools, products and education for the cultural and community sector.

4. Registration Obligations

When requested, each metamute Site user must: (1) personally provide true, accurate, current and complete information on the metamute Site's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, metamute has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, metamute may suspend or terminate that user's account and prohibit any and all current or future use of the metamute Sites (or any portion thereof) by that user other than as expressly provided herein.

Each user will receive passwords and account designations upon completing certain metamute Site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. metamute cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 4, including any loss or damage arising from any user's failure to: (1) immediately notify metamute of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.

metamute handles user Registration Data in accordance with the metamute Sites' Privacy Policy.

In accordance with UK Data Protection laws users can securly view all personal data held by metamute by logging into their account at metamute.org or on (subdomain).metamute.org of which they are members.

5. Content

Mute content and commisions are considered as copyleft and are freely available for personal use or if you are an non-commercial organisation. For commercial use please see our republishing section.

All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not metamute, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the metamute Sites. No user shall transmit Content or otherwise conduct or participate in any activities on metamute Sites that, in the judgment of metamute, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.

metamute reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, metamute shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. metamute, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by metamute to protect the rights, property, or personal safety of metamute Sites' users and the public. metamute does not control the Content posted to the metamute Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will metamute be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via metamute Sites.

Each user, by using metamute Sites, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

6. Licensing and other Terms Appying to Content Posted on the metamute Sites:

Use, reproduction, modification, and other intellectual property rights to data stored on the metamute Sites will be subject to licensing arrangements that may be approved by metamute as applicable to such Content. For the metamute Site cvs.metamute.org, use, reproduction, modification, and other intellectual property rights to data stored in CVS or as a file release and posted by any user on cvs.metamute.org ("Source Code") shall be subject to the OSI-approved license applicable to such Source Code, or to such other licensing arrangements as may be approved by metamute.org as applicable to such Source Code.

metamute (Public Content) Site at sub domains of metamute.org or metamute.net

With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments and bug trackers ("metamute Public Content"), the submitting user retains ownership of such metamute Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by metamute. In each such case, the submitting user grants metamute the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.

metamute (Private) Site sub domains metamute.org

Content located on any metamute-hosted subdomain omweb.org which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the appropriate license applicable to such Content, or to such other licensing arrangements as may be approved by metamute as applicable to such Content.

7. No Resale of Service

You agree not to sell, resell, or offer for any commercial purposes, any portion of the metamute Sites, use of the metamute Sites, or access to the metamute Sites without prior written agreement.

8. Resources, payment and services

All accounts must be paid in advance and overdue accounts may have their services suspended or revoked. Payment covers software hosting and not your use of the software itself, which is provided free of cost under the appropriate GPL licences.

9. General Practices Regarding Use and Storage

metamute may establish general practices and limits concerning use of the metamute Sites. While metamute will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, metamute has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any metamute Site. metamute reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. metamute reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.

10. Termination

metamute may terminate a user's account in metamute's absolute discretion and for any reason. metamute is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of an metamute Site in a manner inconsistent with the Purpose; (4) a user's request for such termination; or (4) as required by law, regulation, court or governing agency order.

metamute's termination of any user's access to any or all metamute Sites may be effected without notice and, on such termination, metamute may immediately deactivate or delete user's account and/or bar any further access to such files. metamute shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. metamute reserves the right to delete, or not delete, a user's account at metamute's sole discretion, as well as to delete, or not delete, content at metamute's sole discretion.

11. Links

metamute, any metamute Site or a third party may provide links to other websites. metamute exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. metamute shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.

The metamute Sites' Privacy Statement is applicable only when you are on an metamute Site. Once you choose to link to another website, you should read that website's privacy statement before disclosingany personal information.

12. Indemnity; Disclaimer; Limitation of Liability

Each user shall indemnify, defend and hold harmless metamute, and its parent companies and affiliates and their respective officers, employees and agents, and each of metamute's website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable legal fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the metamute Sites; his or her submission, posting or transmission of Content or his or her violation of the Terms.

EACH USER'S USE OF THE metamute SITES IS AT HIS OR HER SOLE RISK. THE metamute SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND metamute ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. metamute EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, metamute MAKES NO WARRANTY THAT (i) THE metamute SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF metamute'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, metamute SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF metamute HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY metamute SITES OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE metamute SITES; OR ANY OTHER MATTER RELATING TO THE metamute SITES. IN NO EVENT SHALL metamute'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN metamute AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, metamute DOES NOT AND CANNOT CONTROL THE ACTIONS OF metamute SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO metamute SITES. OPERATION OF metamute SITES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY metamute.

13. Violations

Please report any violations of the Terms (except for claims of intellectual property infringement) to the metamute Site Director at webmaster@metamute.org.