···11+import React from 'react'
22+import {H3, H4, P, UL, LI, A, EM, OL} from 'view/com/util/Html'
33+44+export default function () {
55+ return (
66+ <>
77+ <H4>Last Updated: 2023/04/06</H4>
88+ <P>
99+ The Bluesky app is built on a decentralized social networking protocol,
1010+ the AT Protocol (atproto). Atproto is an open protocol that supports
1111+ many different kinds of services. Our mission for the Bluesky app is to
1212+ foster a vibrant and evolving community that respects individual
1313+ preferences and adapts to the changing needs of our users. With this in
1414+ mind, we have established the following goals for our community
1515+ guidelines:
1616+ </P>
1717+ <OL>
1818+ <LI>
1919+ Empower user choice: We strive to provide users with the ability to
2020+ select self-governing services on the AT protocol that align with
2121+ their personal preferences and values. This includes making it easy
2222+ for others to run their own services, and for users to migrate between
2323+ services.
2424+ </LI>
2525+ <LI>
2626+ Cultivate a welcoming environment: Our aim is to create a safe and
2727+ friendly space on bsky.social, the server we run, where new users feel
2828+ welcome and supported, and where we ourselves enjoy participating. To
2929+ help achieve this vision, we have implemented moderation systems
3030+ guided by the following policies.
3131+ </LI>
3232+ <LI>
3333+ Maintain up-to-date guidelines: As our user base grows and changes,
3434+ our community guidelines must evolve as well. We will regularly review
3535+ and update these guidelines in response to feedback from our users,
3636+ emerging trends, and changing circumstances, and will strive to
3737+ maintain transparency about any changes to our policies.
3838+ </LI>
3939+ </OL>
4040+ <P>
4141+ In the following sections, we will dive into the specific policies that
4242+ make up our server and community guidelines.
4343+ </P>
4444+ <H3>Server Guidelines</H3>
4545+ <P>
4646+ Our server guidelines outline the content policies we have established
4747+ for the material hosted on our infrastructure at bsky.social. These
4848+ policies have been selected to minimize potential risks and costs
4949+ associated with hosting certain types of content, since we have limited
5050+ developer resources and want to focus them on improving the AT Protocol.
5151+ </P>
5252+ <P>
5353+ It is important to note that other servers within the atproto network
5454+ may have different server-level rules. If you find that our policies do
5555+ not align with your preferences, we encourage you to explore alternative
5656+ servers or create your own. If you initially choose to use bsky.social
5757+ but later decide that our policies do not suit your needs, you will soon
5858+ be able to seamlessly migrate your account between servers.
5959+ </P>
6060+ <P>
6161+ <EM>No illegal content or transactions</EM>
6262+ </P>
6363+ <UL>
6464+ <LI>
6565+ Don’t share, promote, or engage in any illegal activities or
6666+ transactions on our platform. This includes, but is not limited to,
6767+ sharing copyrighted material without permission, distributing illicit
6868+ substances, or participating in any form of illegal trade.
6969+ </LI>
7070+ </UL>
7171+ <P>
7272+ <EM>Don’t break our infrastructure</EM>
7373+ </P>
7474+ <UL>
7575+ <LI>
7676+ If you find a vulnerability, please report it to us at
7777+ support@bsky.app, and don’t use it to exploit or take down our
7878+ infrastructure.
7979+ </LI>
8080+ </UL>
8181+ <H3>Community Guidelines</H3>
8282+ <P>
8383+ Our community guidelines are designed to promote a safe and enjoyable
8484+ experience for all users on our server. These policies serve as an
8585+ additional layer on top of our server-level guidelines and are intended
8686+ to foster a positive and respectful environment. For some community
8787+ guidelines, we plan to offer content filters that you can adjust
8888+ according to your preferences, allowing you to view content that has
8989+ been initially filtered out. Please be aware that these rules will
9090+ evolve over time as we continually work to cultivate a healthy and
9191+ thriving community.
9292+ </P>
9393+ <P>
9494+ <EM>Be polite and respectful</EM>
9595+ </P>
9696+ <UL>
9797+ <LI>
9898+ Don’t harass, use slurs, threaten violence, or attack people
9999+ </LI>
100100+ </UL>
101101+ <P>
102102+ <EM>Don’t spam</EM>
103103+ </P>
104104+ <UL>
105105+ <LI>
106106+ Don’t repeatedly post the same message, or excessively promote
107107+ anything
108108+ </LI>
109109+ </UL>
110110+ <P>
111111+ <EM>Don’t abuse the reporting system</EM>
112112+ </P>
113113+ <UL>
114114+ <LI>
115115+ Don’t use the reporting tool to spam, harass users, or submit
116116+ unfounded or trivial complaints. The reporting system is in place to
117117+ address genuine concerns and maintain the safety and integrity of our
118118+ community, so please use it responsibly.
119119+ </LI>
120120+ </UL>
121121+ <H3>Enforcement</H3>
122122+ <P>
123123+ Our goal is to provide a flexible environment that balances the freedom
124124+ and safety of our users. Violations of server or community guidelines
125125+ may result in a flag, a warning, an account suspension until you migrate
126126+ away from our service, or a permanent account suspension and ban from
127127+ our services.{' '}
128128+ </P>
129129+ <P>References:</P>
130130+ <P>
131131+ Twitter:{' '}
132132+ <A href="https://help.twitter.com/en/rules-and-policies/twitter-rules">
133133+ https://help.twitter.com/en/rules-and-policies/twitter-rules
134134+ </A>
135135+ </P>
136136+ <P>
137137+ Reddit:{' '}
138138+ <A href="https://www.redditinc.com/policies/content-policy">
139139+ https://www.redditinc.com/policies/content-policy
140140+ </A>
141141+ </P>
142142+ <P>
143143+ Discord:{' '}
144144+ <A href="https://discord.com/guidelines">
145145+ https://discord.com/guidelines
146146+ </A>
147147+ </P>
148148+ <P>
149149+ Discord TOS:{' '}
150150+ <A href="https://discord.com/terms">https://discord.com/terms</A>
151151+ </P>
152152+ </>
153153+ )
154154+}
+88
src/locale/en/copyright-policy.tsx
···11+import React from 'react'
22+import {H3, H4, P, UL, LI, A} from 'view/com/util/Html'
33+44+export default function () {
55+ return (
66+ <>
77+ <H4>Last Updated: 2023/04/06</H4>
88+ <P>Notification of Copyright Infringement</P>
99+ <P>
1010+ Bluesky, PBLLC d.b.a. Bluesky (“Bluesky”) respects the
1111+ intellectual property rights of others and expects its users to do the
1212+ same.
1313+ </P>
1414+ <P>
1515+ It is Bluesky’s policy, in appropriate circumstances and at its
1616+ discretion, to disable the accounts of users who repeatedly infringe the
1717+ copyrights of others.
1818+ </P>
1919+ <P>
2020+ In accordance with the Digital Millennium Copyright Act of 1998, the
2121+ text of which may be found on the U.S. Copyright Office website at{' '}
2222+ <A href="http://www.copyright.gov/legislation/dmca.pdf">
2323+ http://www.copyright.gov/legislation/dmca.pdf
2424+ </A>
2525+ , Bluesky will respond expeditiously to claims of copyright infringement
2626+ committed using the Bluesky website, app, or other Bluesky owned or
2727+ controlled online networ k services accessible through a mobile
2828+ device or other type of device (the “Sites”) that are
2929+ reported to Bluesky’s Designated Copyright Agent, identified in
3030+ the sample notice below.
3131+ </P>
3232+ <P>
3333+ If you are a copyright owner, or are authorized to act on behalf of one,
3434+ or authorized to act under any exclusive right under copyright, please
3535+ report alleged copyright infringements taking place on or through the
3636+ Sites by completing the following DMCA Notice of Alleged Infringement
3737+ and delivering it to Bluesky’s Designated Copyright Agent. Upon
3838+ receipt of the Notice as described below, Bluesky will take whatever
3939+ action, in its sole discretion, it deems appropriate, including removal
4040+ of the challenged material from the Sites.
4141+ </P>
4242+ <H3>DMCA Notice of Alleged Infringement (“Notice”)</H3>
4343+ <P>
4444+ 1. Identify the copyrighted work that you claim has been infringed, or
4545+ – if multiple copyrighted works are covered by this Notice –
4646+ you may provide a representative list of the copyrighted works that you
4747+ claim have been infringed.
4848+ </P>
4949+ <P>
5050+ 2. Identify the material that you claim is infringing (or to be the
5151+ subject of infringing activity) and that is to be removed or access to
5252+ which is to be disabled, and information reasonably sufficient to permit
5353+ us to locate the material, including at a minimum, if applicable, the
5454+ URL of the link shown on the Site(s) where such material may be found.
5555+ </P>
5656+ <P>
5757+ 3. Provide your mailing address, telephone number, and email address.
5858+ </P>
5959+ <P>
6060+ 4. Include both of the following statements in the body of the Notice:
6161+ </P>
6262+ <UL>
6363+ <LI>
6464+ “I hereby state that I have a good faith belief that the
6565+ disputed use of the copyrighted material is not authorized by the
6666+ copyright owner, its agent, or the law (e.g., as a fair use).”
6767+ </LI>
6868+ <LI>
6969+ “I hereby state that the information in this Notice is accurate
7070+ and, under penalty of perjury, that I am the owner, or authorized to
7171+ act on behalf of the owner, of the copyright or of an exclusive right
7272+ under the copyright that is allegedly infringed.”
7373+ </LI>
7474+ </UL>
7575+ <P>
7676+ 5. Provide your full legal name and your electronic or physical
7777+ signature.
7878+ </P>
7979+ <P>
8080+ Deliver this Notice, with all items completed, to Bluesky’s
8181+ Designated Copyright Agent:
8282+ </P>
8383+ <P>Copyright Agent</P>
8484+ <P>c/o Bluesky, PBLLC</P>
8585+ <P>support@bsky.app</P>
8686+ </>
8787+ )
8888+}
+723
src/locale/en/terms-of-service.tsx
···11+import React from 'react'
22+import {H4, P, OL, LI, A, STRONG, EM, UL} from 'view/com/util/Html'
33+44+export default function () {
55+ return (
66+ <>
77+ <H4>Last Updated: 2023/04/06</H4>
88+ <P>
99+ Welcome to the Bluesky, PBLLC d.b.a. Bluesky (“Bluesky”,
1010+ “we”, or “us”) website located at{' '}
1111+ <A href="https://bsky.app/">bsky.social</A> (“Site”), the
1212+ Authenticated Transfer social protocol (“Protocol”) and our
1313+ mobile application (“App”). Please read these Terms of
1414+ Service (the “Terms”) and our{' '}
1515+ <A href="https://bsky.app/support/privacy">Privacy Policy</A>{' '}
1616+ (“Privacy Policy”) carefully because they govern your use of
1717+ our Site, Protocol, App, and our content accessible therein. In
1818+ addition, please read the{' '}
1919+ <A href="https://bsky.app/support/community-guidelines">
2020+ Bluesky Community Guidelines
2121+ </A>{' '}
2222+ (the “Bluesky Community Guidelines”), which are incorporated
2323+ by reference and included in the Terms. To make these Terms easier to
2424+ read, our Site, Protocol, and App, and our content and services provided
2525+ therein, are collectively called the “Services.” The
2626+ Services are not official products and have not been commercially or
2727+ publicly released by Bluesky.
2828+ </P>
2929+ <P>
3030+ IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS
3131+ YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN
3232+ YOU AND BLUESKY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN
3333+ COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE
3434+ RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF
3535+ YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS
3636+ ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION ‎18
3737+ WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION ‎17
3838+ “GOVERNING LAW AND FORUM CHOICE” WILL APPLY INSTEAD.
3939+ </P>
4040+ <OL>
4141+ <LI>
4242+ <STRONG>Agreement to Terms.</STRONG> By using our Services, you agree
4343+ to be bound by these Terms. If you don’t agree to be bound by
4444+ these Terms, do not use the Services. If you are accessing and using
4545+ the Services on behalf of a company (such as your employer) or other
4646+ legal entity, you represent and warrant that you have the authority to
4747+ bind that company or other legal entity to these Terms. In that case,
4848+ “you” and “your” will refer to that company or
4949+ other legal entity.
5050+ </LI>
5151+ <LI>
5252+ <STRONG>Acknowledgment of Beta Services.</STRONG> You acknowledge and
5353+ agree that: (a) the Services are not official products and have not
5454+ been commercially or publicly released by Bluesky; (b) the Services
5555+ may not operate properly, be in final form or be fully functional; (c)
5656+ the Services may contain errors, design flaws or other problems; (d)
5757+ it may not be possible to make the Services fully functional; (e) the
5858+ information obtained using the Services may not be accurate; (f) use
5959+ of the Services may result in unexpected results, loss of data or
6060+ communications, project delays or other unpredictable damage or loss;
6161+ (g) Bluesky is under no obligation to release a commercial or public
6262+ version of the Services; and (h) Bluesky has the right to unilaterally
6363+ to abandon development of the Services, at any time and without any
6464+ obligation or liability to you.
6565+ </LI>
6666+ <LI>
6767+ <STRONG>Privacy Policy.</STRONG> Please refer to our{' '}
6868+ <A href="https://bsky.app/support/privacy">Privacy Policy</A> for
6969+ information on how we collect, use and share your information. You
7070+ acknowledge and agree that your use of the Services is subject to our
7171+ Privacy Policy.
7272+ </LI>
7373+ <LI>
7474+ <STRONG>Changes to these Terms or the Services.</STRONG> We may update
7575+ these Terms from time to time at our sole discretion. If we do,
7676+ we’ll let you know by posting the updated Terms on the Site,
7777+ Protocol or the App and may also send other communications. It’s
7878+ important that you review these Terms whenever we update them or you
7979+ use the Services. If you continue to use the Services after we have
8080+ posted updated Terms it means that you accept and agree to the
8181+ changes. If you don’t agree to be bound by the changes, you may
8282+ not use the Services anymore. Because our Services are evolving over
8383+ time we may change or discontinue all or any part of the Services, at
8484+ any time and without notice, at our sole discretion. We may add,
8585+ remove, suspend or alter access to any content available through or on
8686+ the Services at any time and make no guarantee as to the availability
8787+ or minimum amount of specific content.{' '}
8888+ </LI>
8989+ <LI>
9090+ <STRONG>Who May Use the Services?</STRONG>
9191+ <OL>
9292+ <LI>
9393+ <EM>Eligibility</EM>. To use the Services, you must be at least 13
9494+ years of age and not otherwise barred from using the Services
9595+ under applicable law. If you are over 13 years of age but under
9696+ the age of majority in your respective jurisdiction, you hereby
9797+ represent and warrant that your parent or legal guardian has read
9898+ these Terms and accepts them on your behalf. Parents and legal
9999+ guardians are responsible for the acts of their minor children
100100+ when using the Services, whether or not the parent or guardian has
101101+ authorized such acts.
102102+ </LI>
103103+ <LI>
104104+ <EM>Registration and Your Information</EM>. If you want to use
105105+ certain features of the Services you’ll have to create an
106106+ account (“Account”) via the Services.
107107+ </LI>
108108+ <LI>
109109+ <EM>Accuracy of Account Information</EM>. It’s important
110110+ that you provide us with accurate, complete and current
111111+ information for your Account and you agree to keep this
112112+ information up-to-date. If you don’t, we might have to
113113+ suspend or terminate your Account. You agree that you won’t
114114+ disclose your Account password to anyone and you’ll notify
115115+ us immediately of any unauthorized use of your Account.
116116+ You’re responsible for all activities that occur under your
117117+ Account, including, without limitation, the posting of User
118118+ Content (as defined below), and any communications or other
119119+ contact you have with other users of the Services, whether or not
120120+ you know about them. We may take actions we deem reasonably
121121+ necessary to prevent fraud and abuse, including placing
122122+ restrictions on user accounts or on the amount of content that can
123123+ be accessed from the Services at any one time.
124124+ </LI>
125125+ </OL>
126126+ </LI>
127127+ <LI>
128128+ <STRONG>Feedback.</STRONG> We welcome feedback, comments and
129129+ suggestions for improvements to the Services (“Feedback”).
130130+ You can submit Feedback by posting in the App or emailing us at
131131+ support@bsky.app. You grant us a non-exclusive, transferable,
132132+ worldwide, perpetual, irrevocable, fully-paid, royalty-free license,
133133+ with the right to sublicense, under any and all intellectual property
134134+ rights that you own or control, to use, copy, modify, create
135135+ derivative works based upon and otherwise exploit the Feedback for any
136136+ purpose.
137137+ </LI>
138138+ <LI>
139139+ <STRONG>Content Ownership, Responsibility and Removal.</STRONG>
140140+ <OL>
141141+ <LI>
142142+ <EM>Definitions</EM>. For purposes of these Terms: (i){' '}
143143+ <STRONG>“Content”</STRONG> means text, graphics,
144144+ images, music, software, audio, video, works of authorship of any
145145+ kind, and information or other materials that are posted,
146146+ generated, provided or otherwise made available through the
147147+ Services; and (ii) <STRONG>“User Content”</STRONG>{' '}
148148+ means any Content that Account holders (including you) provide or
149149+ make available through the Services. User Content also includes,
150150+ without limitation, any communications or content that you share
151151+ with another user of the Services such as comments on other
152152+ users’ User Content or information you provide or make
153153+ available through the Services. Content includes, without
154154+ limitation, User Content.
155155+ </LI>
156156+ <LI>
157157+ <EM>Our Content Ownership</EM>. Except for any licensed rights
158158+ granted under these Terms, Bluesky does not claim any ownership
159159+ rights in any User Content and nothing in these Terms will be
160160+ deemed to restrict any rights that you may have to use and exploit
161161+ your User Content. Subject to the foregoing, Bluesky and its
162162+ licensors exclusively own all right, title and interest in and to
163163+ the Services and Content, including all associated intellectual
164164+ property rights and all features, trademarks, trade names, service
165165+ marks, trade dress, and the look and feel of the Services. You
166166+ acknowledge that the Services and Content are protected by
167167+ copyright, trademark, and other laws of the United States and
168168+ foreign countries. You agree not to remove, alter or obscure any
169169+ copyright, trademark, service mark or other proprietary rights
170170+ notices incorporated in or accompanying the Services or Content.
171171+ </LI>
172172+ <LI>
173173+ <EM>Rights in Content Granted by Bluesky</EM>. Subject to your
174174+ compliance with these Terms, Bluesky grants to you a limited,
175175+ non-exclusive, non-transferable license, with no right to
176176+ sublicense, to download, view, copy, display and print the Content
177177+ solely in connection with your permitted use of the Services and
178178+ solely for your personal and non-commercial purposes. Other than
179179+ the right to use the Services as explicitly described in these
180180+ Terms for your personal, limited use, no other rights are granted
181181+ to you under these Terms.{' '}
182182+ </LI>
183183+ <LI>
184184+ <EM>Rights in User Content Granted by You to Us</EM>. By making
185185+ any User Content available through the Services, you hereby grant
186186+ to Bluesky and its subsidiaries, affiliates, licensee, successors,
187187+ and assigns (the “Bluesky Parties”) an irrevocable,
188188+ non-exclusive, perpetual, transferable, worldwide, royalty-free
189189+ license, with the right to sublicense (through multiple tiers of
190190+ sub-licensing), to use, copy, modify, adapt, crop, edit, creative
191191+ derivative works, distribute, publicly display, publicly perform
192192+ and otherwise exploit in any media now known or hereafter devised,
193193+ your User Content, in whole or in part, in connection with (i)
194194+ providing the Services and Content to you and to others; (ii)
195195+ promote and market Bluesky and our Services, including without
196196+ limitation through Bluesky’s owned, operated, and/or branded
197197+ social media channels. For example, Bluesky may create
198198+ compilations of Content made available by Account holders
199199+ (including your User Content), and/or use User Content or such
200200+ compilations to promote the App through Bluesky’s operated,
201201+ and/or branded social media channels, without further payment or
202202+ consideration by Bluesky. However, without your prior consent,
203203+ Bluesky will not use your User Content in any Content that is
204204+ sponsored by a third party.
205205+ </LI>
206206+ <LI>
207207+ <EM>Name, Likeness, Other Personal Rights</EM>. By submitting User
208208+ Content in which you may appear, including without limitation your
209209+ photograph, you hereby grant to (i) Bluesky and the Bluesky
210210+ Parties and (ii) other Account holders, an irrevocable,
211211+ non-exclusive, perpetual, transferable, worldwide, royalty-free,
212212+ unlimited license to use your name, image, likeness, or other
213213+ information or materials supplied by you, including any third
214214+ party materials as they appear in such User Content, consistent
215215+ with the rights granted by you in this Section 7.
216216+ </LI>
217217+ <LI>
218218+ <EM>Your Responsibility for User Content</EM>. You are solely
219219+ responsible for all of your User Content. You represent and
220220+ warrant that your User Content is original, that you own your User
221221+ Content or you have all rights that are necessary to grant us and
222222+ the Bluesky Parties the license rights in your User Content under
223223+ these Terms. This includes the rights to the name, likeness or
224224+ other publicity rights of any other party appearing in your User
225225+ Content. You also represent and warrant that neither your User
226226+ Content, nor your use and provision of your User Content to be
227227+ made available through the Services, nor any exercise of any
228228+ rights granted by you in such User Content will (i) conflict with
229229+ any rights or commitments granted by you to any other party; (ii)
230230+ infringe, misappropriate or violate a third party’s
231231+ intellectual property rights, or rights of publicity or privacy,
232232+ or (iii) result in the violation of any applicable law or
233233+ regulation. You represent and warrant that all of your User
234234+ Content and your activities in connection with the Services will,
235235+ at all times, comply with (i) these Terms; (ii) all applicable
236236+ laws, rules, and regulations; and (iii) any other guidelines or
237237+ requirements that we may make available to you from time to time.
238238+ </LI>
239239+ <LI>
240240+ <EM>Removal of User Content</EM>. We have the right, in our sole
241241+ discretion, to remove any User Content. You can remove your User
242242+ Content by specifically deleting it. However, in certain
243243+ instances, some of your User Content (such as posts or comments
244244+ you make) may not be completely removed and copies of your User
245245+ Content may continue to exist on the Services. We are not
246246+ responsible or liable for the removal or deletion of (or the
247247+ failure to remove or delete) any of your User Content. Except as
248248+ expressly stated herein, you acknowledge and agree that we have no
249249+ obligation to provide, monitor, edit, upload, or remove any of
250250+ your User Content, although we have the right to do so.
251251+ </LI>
252252+ </OL>
253253+ </LI>
254254+ <LI>
255255+ <STRONG>Respecting Others’ User Content</STRONG>. Subject to our
256256+ rights under Section 7, you acknowledge that all User Content and any
257257+ content related thereto are the property of the respective user that
258258+ makes the User Content available through the Services or, if made
259259+ explicit on the Services, Bluesky. You acknowledge and agree that
260260+ Bluesky is not responsible or liable for your User Content or any
261261+ direct message through the Services between any user of the Services
262262+ and another user of the Services (“Communications”),
263263+ including you.
264264+ </LI>
265265+ <LI>
266266+ <STRONG>Rights and Terms for Apps.</STRONG>
267267+ <OL>
268268+ <LI>
269269+ <EM>Rights in App Granted by Bluesky</EM>. Subject to your
270270+ compliance with these Terms, Bluesky grants to you a limited,
271271+ non-exclusive, non-transferable license, with no right to
272272+ sublicense, to download and install the App on a mobile device
273273+ that you own or control and to run the App solely for your own
274274+ personal non-commercial purposes. Except as expressly permitted in
275275+ these Terms, you may not: (i) copy, modify or create
276276+ derivative works based on the App; (ii) sublicense, lease,
277277+ lend or rent the App to any third party; (iii) decompile or
278278+ disassemble the App; or (iv) make the functionality of the
279279+ App available to multiple users through any means. Bluesky
280280+ reserves all rights in and to the App not expressly granted to you
281281+ under these Terms. Certain portions of the App may be subject to
282282+ an open source license agreement, as expressly designated within
283283+ the App or on the Site. Such license will govern the use of such
284284+ portions of the App to the extent that such license agreement
285285+ conflicts with or is inconsistent with this Section 9(a) (for
286286+ example, if the license grants broader use rights).
287287+ </LI>
288288+ <LI>
289289+ <EM>Accessing App from App Store</EM>. The following terms apply
290290+ to any App accessed through or downloaded from any app store or
291291+ distribution platform (like the Apple App Store) where the App may
292292+ now or in the future be made available (each, an “App
293293+ Provider”). You acknowledge and agree that:
294294+ <UL>
295295+ <LI>
296296+ These Terms are concluded between you and Bluesky, and not
297297+ with the App Provider, and Bluesky (not the App Provider), is
298298+ solely responsible for the App.
299299+ </LI>
300300+ <LI>
301301+ The App Provider has no obligation to furnish any maintenance
302302+ and support services with respect to the App.
303303+ </LI>
304304+ <LI>
305305+ In the event of any failure of the App to conform to any
306306+ applicable warranty, you may notify the App Provider and, to
307307+ the maximum extent permitted by applicable law, the App
308308+ Provider will have no other warranty obligation whatsoever
309309+ with respect to the App. Any other claims, losses,
310310+ liabilities, damages, costs or expenses attributable to any
311311+ failure to conform to any warranty will be the sole
312312+ responsibility of Bluesky.
313313+ </LI>
314314+ <LI>
315315+ The App Provider is not responsible for addressing any claims
316316+ you have or any claims of any third party relating to the App
317317+ or your possession and use of the App, including, but not
318318+ limited to: (i) product liability claims; (ii) any claim
319319+ that the App fails to conform to any applicable legal or
320320+ regulatory requirement; and (iii) claims arising under
321321+ consumer protection or similar legislation.
322322+ </LI>
323323+ <LI>
324324+ In the event of any third party claim that the App or your
325325+ possession and use of that App infringes that third
326326+ party’s intellectual property rights, Bluesky will be
327327+ solely responsible for the investigation, defense, settlement
328328+ and discharge of any such intellectual property infringement
329329+ claim to the extent required by these Terms.
330330+ </LI>
331331+ <LI>
332332+ The App Provider, and its subsidiaries, are third-party
333333+ beneficiaries of these Terms as related to your license to the
334334+ App, and upon your acceptance of these Terms, the App Provider
335335+ will have the right (and will be deemed to have accepted the
336336+ right) to enforce these Terms against you as a third-party
337337+ beneficiary thereof.
338338+ </LI>
339339+ <LI>
340340+ You represent and warrant that (i) you are not located in a
341341+ country that is subject to a U.S. Government embargo, or that
342342+ has been designated by the U.S. Government as a
343343+ terrorist-supporting country; and (ii) you are not listed on
344344+ any U.S. Government list of prohibited or restricted parties.
345345+ </LI>
346346+ <LI>
347347+ You must also comply with all applicable third-party terms of
348348+ service when using the App.
349349+ </LI>
350350+ </UL>
351351+ </LI>
352352+ </OL>
353353+ </LI>
354354+ <LI>
355355+ <STRONG>
356356+ General Prohibitions and Bluesky’s Enforcement Rights
357357+ </STRONG>
358358+ . You agree not to do any of the following:
359359+ <OL>
360360+ <LI>
361361+ Post, upload, publish, submit or transmit any content that:
362362+ (i) infringes, misappropriates or violates a third
363363+ party’s patent, copyright, trademark, trade secret, moral
364364+ rights or other intellectual property rights, or rights of
365365+ publicity or privacy; or (ii) violates any applicable law or
366366+ regulation or would give rise to civil liability;
367367+ </LI>
368368+ <LI>
369369+ Use, display, mirror or frame the Services, Bluesky’s name,
370370+ any Bluesky trademark, logo or other proprietary information,
371371+ without Bluesky’s express written consent;
372372+ </LI>
373373+ <LI>
374374+ Access, tamper with, or use non-public areas of the Services;
375375+ </LI>
376376+ <LI>
377377+ Attempt to probe, scan or test the vulnerability of any Bluesky
378378+ system or network or breach any security or authentication
379379+ measures without reporting such vulnerability or breach to
380380+ support@bsky.app, except as part of community testing initiatives
381381+ authorized by Bluesky;
382382+ </LI>
383383+ <LI>
384384+ Avoid, bypass, remove, deactivate, impair, descramble or otherwise
385385+ circumvent any technological measure implemented by Bluesky or any
386386+ of Bluesky’s providers or any other third party (including
387387+ another user) to protect the Services, including any service
388388+ protection or usage limits;
389389+ </LI>
390390+ <LI>
391391+ Attempt to access or search the Services or download content from
392392+ the Services using any engine, software, tool, agent, device or
393393+ mechanism (including spiders, robots, crawlers, data mining tools
394394+ or the like) that imposes unreasonable burdens on the Services or
395395+ that we otherwise deem abusive or harmful;
396396+ </LI>
397397+ <LI>Send any junk mail or spam;</LI>
398398+ <LI>
399399+ Use any meta tags or other hidden text or metadata utilizing a
400400+ Bluesky trademark, logo URL or product name without
401401+ Bluesky’s express written consent;
402402+ </LI>
403403+ <LI>
404404+ Use the Services, or any portion thereof, in any manner not
405405+ permitted by these Terms;
406406+ </LI>
407407+ <LI>
408408+ Interfere with, or attempt to interfere with, the access of any
409409+ user, host or network, including, without limitation, sending a
410410+ virus, overloading, flooding, spamming, or mail-bombing the
411411+ Services;
412412+ </LI>
413413+ <LI>
414414+ Collect or store any personally identifiable information from the
415415+ Services from other users of the Services without their
416416+ express permission;
417417+ </LI>
418418+ <LI>
419419+ Impersonate or misrepresent your affiliation with any person or
420420+ entity, claim a false affiliation, or misrepresent the source or
421421+ identity of content used through the Services;
422422+ </LI>
423423+ <LI>
424424+ You agree not to provide any information that is intended to
425425+ misinform, misdirect, mislead, or otherwise deceive any users of
426426+ the Services or any other third party;
427427+ </LI>
428428+ <LI>Violate any applicable law or regulation;</LI>
429429+ <LI>
430430+ Commercialize any User Content not in accordance with these Terms;
431431+ or
432432+ </LI>
433433+ <LI>
434434+ Directly or indirectly induce others to do any of the above.
435435+ </LI>
436436+ </OL>
437437+ <P>
438438+ Bluesky is not obligated to monitor access to or use of the Services
439439+ or to review or edit any content. However, we have the right to do
440440+ so for the purpose of operating the Services, to ensure compliance
441441+ with these Terms and to comply with applicable law or other legal
442442+ requirements. We reserve the right, but are not obligated, to remove
443443+ or disable access to any content, including User Content, at any
444444+ time and without notice, including, but not limited to, if we, at
445445+ our sole discretion, consider it objectionable or in violation of
446446+ these Terms. We have the right to investigate violations of these
447447+ Terms or conduct that affects the Services. We may also consult and
448448+ cooperate with law enforcement authorities to prosecute users who
449449+ violate the law.
450450+ </P>
451451+ </LI>
452452+ <LI>
453453+ <STRONG>DMCA/Copyright Policy.</STRONG> Bluesky respects copyright law
454454+ and expects its users to do the same. It is Bluesky’s policy to
455455+ terminate in appropriate circumstances account holders who repeatedly
456456+ infringe or are believed to be repeatedly infringing the rights of
457457+ copyright holders. Please see Bluesky’s Copyright Policy at{' '}
458458+ <A href="/support/copyright">bsky.app/support/copyright</A> for
459459+ further information.
460460+ </LI>
461461+ <LI>
462462+ <STRONG>Links to Third Party Websites or Resources.</STRONG> The
463463+ Services (including the Site, Protocol and App) may allow you to
464464+ access third-party websites or other resources. To the extent provided
465465+ by us, we provide access only as a convenience and are not responsible
466466+ for the content, products or services on or available from those
467467+ resources or links displayed on such websites. Users of the Services
468468+ may provide access through User Content to third-party websites or
469469+ other resources. To the extent provided by you, you hereby acknowledge
470470+ and agree that, as between you and Bluesky, you bear full
471471+ responsibility and liability in connection with such access by users
472472+ of the Services. You acknowledge sole responsibility for and assume
473473+ all risk arising from, your use of any third-party resources. You
474474+ further acknowledge that we have no responsibility to remove, add,
475475+ modify, or monitor User Content, including any access to third-party
476476+ websites or other resources contained in User Content.
477477+ </LI>
478478+ <LI>
479479+ <STRONG>Termination.</STRONG> We may terminate or suspend, in whole or
480480+ in part, your access to and use of the Services, including suspending
481481+ access to or terminating your account, at our sole discretion, at any
482482+ time and without notice to you. You may request deletion of your
483483+ account, which we will consider on a case-by-case basis, by emailing
484484+ support@bsky.app. Upon any termination, discontinuation or
485485+ cancellation of the Services or your account, the following Sections
486486+ will survive: 2, 7(a), 7(b), 7(d), 7(e), 7(f), 8, 10, 13, 14, 15, 16,
487487+ 17, 18 and 19.
488488+ </LI>
489489+ <LI>
490490+ <P>
491491+ <STRONG>Warranty Disclaimers.</STRONG> THE SERVICES ARE PROVIDED
492492+ “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING
493493+ THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF
494494+ MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT
495495+ AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF
496496+ DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES
497497+ WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED,
498498+ SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE
499499+ QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR
500500+ RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICES. WE
501501+ ARE NOT RESPONSIBLE OR LIABLE FOR USER CONTENT, OR ANY
502502+ COMMUNICATIONS, AND WE MAKE NO WARRANTY OR REPRESENTATION OF ANY
503503+ KIND IN REGARD TO USER CONTENT.
504504+ </P>
505505+ <P>
506506+ BLUESKY ASSUMES NO RESPONSIBILITY FOR ANY USER’S OR THIRD
507507+ PARTY’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS AND
508508+ REGULATIONS. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR
509509+ OMISSION OF ANY USER OR OTHER THIRD PARTY. WE DO NOT AND CANNOT
510510+ CONTROL YOUR INTERACTION WITH ANY USER OR OTHER THIRD PARTY, AND WE
511511+ EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM SUCH INTERACTION.
512512+ </P>
513513+ </LI>
514514+ <LI>
515515+ <STRONG>Indemnity.</STRONG> You will indemnify and hold harmless
516516+ Bluesky and its officers, directors, employees and agents, from and
517517+ against any claims, disputes, demands, liabilities, damages, losses,
518518+ and costs and expenses, including, without limitation, reasonable
519519+ legal and accounting fees arising out of or in any way connected with
520520+ (a) your access to or use of the Services, (b) your User Content, or
521521+ (c) your violation of these Terms.
522522+ </LI>
523523+ <LI>
524524+ <STRONG>Limitation of Liability.</STRONG>
525525+ <OL>
526526+ <LI>
527527+ For the purposes of this Section 16, “Bluesky”,
528528+ “we”, or “us” shall include Bluesky, its
529529+ subsidiaries, affiliates, investors, agents, and successors and
530530+ assigns.
531531+ </LI>
532532+ <LI>
533533+ TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BLUESKY NOR ANY
534534+ OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE
535535+ SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR
536536+ CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES,
537537+ LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL,
538538+ SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE
539539+ COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN
540540+ CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE
541541+ THE SERVICES OR FOR ANY ERROR OR DEFECT IN THE SERVICES, WHETHER
542542+ BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
543543+ LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLUESKY OR
544544+ ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH
545545+ DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE
546546+ FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT BLUESKY
547547+ SHALL NOT BE RESPONSIBLE OR LIABLE FOR CONTENT OR THE DEFAMATORY,
548548+ OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR ANY THIRD
549549+ PARTY’S CONTENT (INCLUDING ANY USER CONTENT), WHETHER OR NOT
550550+ SUCH CONTENT IS ACCESSED THROUGH THE SERVICES, AND THAT ANY RISK
551551+ OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
552552+ </LI>
553553+ <LI>
554554+ TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
555555+ WILL BLUESKY’S TOTAL LIABILITY ARISING OUT OF OR IN
556556+ CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE
557557+ THE SERVICES EXCEED TWENTY DOLLARS ($20).
558558+ </LI>
559559+ <LI>
560560+ THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
561561+ FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLUESKY
562562+ AND YOU.
563563+ </LI>
564564+ </OL>
565565+ </LI>
566566+ <LI>
567567+ <STRONG>Governing Law and Forum Choice.</STRONG> These Terms and any
568568+ action related thereto will be governed by the Federal Arbitration
569569+ Act, federal arbitration law, and the laws of the State of Delaware,
570570+ without regard to its conflict of laws provisions. Except as otherwise
571571+ expressly set forth in Section 17 “Dispute Resolution,”
572572+ the exclusive jurisdiction for all Disputes (defined below) that you
573573+ and Bluesky are not required to arbitrate will be the state and
574574+ federal courts located in Delaware, and you and Bluesky each waive any
575575+ objection to jurisdiction and venue in such courts.
576576+ </LI>
577577+ <LI>
578578+ <STRONG>Dispute Resolution.</STRONG>
579579+ <OL>
580580+ <LI>
581581+ <EM>Mandatory Arbitration of Disputes</EM>. We each agree that any
582582+ dispute, claim or controversy arising out of or relating to these
583583+ Terms or the breach, termination, enforcement, interpretation or
584584+ validity thereof or the use of the Services (collectively,
585585+ “Disputes”) will be resolved solely by binding,
586586+ individual arbitration and not in a class, representative or
587587+ consolidated action or proceeding . You and Bluesky agree that the
588588+ U.S. Federal Arbitration Act governs the interpretation and
589589+ enforcement of these Terms, and that you and Bluesky are each
590590+ waiving the right to a trial by jury or to participate in a class
591591+ action. This arbitration provision shall survive termination of
592592+ these Terms.
593593+ </LI>
594594+ <LI>
595595+ <EM>Exceptions</EM>. As limited exceptions to Section 18 (a)
596596+ above: (i) we both may seek to resolve a Dispute in small
597597+ claims court if it qualifies; and (ii) we each retain the right to
598598+ seek injunctive or other equitable relief from a court to prevent
599599+ (or enjoin) the infringement or misappropriation of our
600600+ intellectual property rights.
601601+ </LI>
602602+ <LI>
603603+ <P>
604604+ <EM>Conducting Arbitration and Arbitration Rules</EM>. The
605605+ arbitration will be conducted by the American Arbitration
606606+ Association (“AAA”) under its Consumer Arbitration
607607+ Rules (the “AAA Rules”) then in effect, except as
608608+ modified by these Terms. The AAA Rules are available at{' '}
609609+ <A href="https://www.adr.org">www.adr.org</A> or by calling
610610+ 1-800-778-7879. A party who wishes to start arbitration must
611611+ submit a written Demand for Arbitration to AAA and give notice
612612+ to the other party as specified in the AAA Rules. The AAA
613613+ provides a form Demand for Arbitration at{' '}
614614+ <A href="http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175">
615615+ www.adr.org
616616+ </A>
617617+ .
618618+ </P>
619619+ <P>
620620+ Any arbitration hearings will take place in the county (or
621621+ parish) where you live, unless we both agree to a different
622622+ location. The parties agree that the arbitrator shall have
623623+ exclusive authority to decide all issues relating to the
624624+ interpretation, applicability, enforceability and scope of this
625625+ arbitration agreement.
626626+ </P>
627627+ </LI>
628628+ <LI>
629629+ <EM>Arbitration Costs</EM>. Payment of all filing, administration
630630+ and arbitrator fees will be governed by the AAA Rules. If we
631631+ prevail in arbitration we’ll pay all of our attorneys’
632632+ fees and costs and won’t seek to recover them from you. If
633633+ you prevail in arbitration you will be entitled to an award of
634634+ attorneys’ fees and expenses to the extent provided under
635635+ applicable law.
636636+ </LI>
637637+ <LI>
638638+ <EM>Injunctive and Declaratory Relief</EM>. Except as provided in
639639+ Section 18(b) above, the arbitrator shall determine all issues of
640640+ liability on the merits of any claim asserted by either party and
641641+ may award declaratory or injunctive relief only in favor of the
642642+ individual party seeking relief and only to the extent necessary
643643+ to provide relief warranted by that party’s individual
644644+ claim. To the extent that you or we prevail on a claim and seek
645645+ public injunctive relief (that is, injunctive relief that has the
646646+ primary purpose and effect of prohibiting unlawful acts that
647647+ threaten future injury to the public), the entitlement to and
648648+ extent of such relief must be litigated in a civil court of
649649+ competent jurisdiction and not in arbitration. The parties agree
650650+ that litigation of any issues of public injunctive relief shall be
651651+ stayed pending the outcome of the merits of any individual claims
652652+ in arbitration.
653653+ </LI>
654654+ <LI>
655655+ <EM>Class Action Waiver</EM>. YOU AND BLUESKY AGREE THAT EACH MAY
656656+ BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL
657657+ CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
658658+ CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’
659659+ Dispute is resolved through arbitration, the arbitrator may not
660660+ consolidate another person’s claims with your claims, and
661661+ may not otherwise preside over any form of a representative or
662662+ class proceeding. If this specific provision is found to be
663663+ unenforceable, then the entirety of this Dispute Resolution
664664+ section shall be null and void.
665665+ </LI>
666666+ <LI>
667667+ <EM>Severability</EM>. With the exception of any of the provisions
668668+ in Section 18(f) of these Terms (“Class Action
669669+ Waiver”), if an arbitrator or court of competent
670670+ jurisdiction decides that any part of these Terms is invalid or
671671+ unenforceable, the other parts of these Terms will still apply.
672672+ </LI>
673673+ </OL>
674674+ </LI>
675675+ <LI>
676676+ <STRONG>General Terms.</STRONG>
677677+ <OL>
678678+ <LI>
679679+ <EM>Entire Agreement</EM>. These Terms constitute the entire and
680680+ exclusive understanding and agreement between Bluesky and you
681681+ regarding the Services and Content, and these Terms supersede and
682682+ replace all prior oral or written understandings or agreements
683683+ between Bluesky and you regarding the Services and Content. If any
684684+ provision of these Terms is held invalid or unenforceable by an
685685+ arbitrator or a court of competent jurisdiction, that provision
686686+ will be enforced to the maximum extent permissible and the other
687687+ provisions of these Terms will remain in full force and effect.
688688+ You may not assign or transfer these Terms, by operation of law or
689689+ otherwise, without Bluesky’s prior written consent. Any
690690+ attempt by you to assign or transfer these Terms, without such
691691+ consent, will be null. Bluesky may freely assign or transfer these
692692+ Terms without restriction. Subject to the foregoing, these Terms
693693+ will bind and inure to the benefit of the parties, their
694694+ successors and permitted assigns.
695695+ </LI>
696696+ <LI>
697697+ <EM>Notices</EM>. Any notices or other communications provided by
698698+ Bluesky under these Terms will be given: (i) via email; or
699699+ (ii) by posting to the Services. For notices made by email,
700700+ the date of receipt will be deemed the date on which such notice
701701+ is transmitted.
702702+ </LI>
703703+ <LI>
704704+ <EM>Waiver of Rights</EM>. Bluesky’s failure to enforce any
705705+ right or provision of these Terms will not be considered a waiver
706706+ of such right or provision. The waiver of any such right or
707707+ provision will be effective only if in writing and signed by a
708708+ duly authorized representative of Bluesky. Except as expressly set
709709+ forth in these Terms, the exercise by either party of any of its
710710+ remedies under these Terms will be without prejudice to its other
711711+ remedies under these Terms or otherwise.
712712+ </LI>
713713+ </OL>
714714+ </LI>
715715+ <LI>
716716+ <STRONG>Contact Information.</STRONG> If you have any questions about
717717+ these Terms or the Services, please contact Bluesky at:
718718+ support@bsky.app.
719719+ </LI>
720720+ </OL>
721721+ </>
722722+ )
723723+}