Terms of service

Version: July 7, 2018, 12:58 p.m.

DG Comunity Terms and Conditions

Please read this document carefully before accessing or using this service!

Introduction

English, Not Legalese

Most Terms of Use and Privacy Policy documents are unreadable. They are written by lawyers and for lawyers, and in our opinion are not very effective.

We decided to use plain English as much as possible, to make our terms as clear as possible. Some sections still have room for improvement - we plan to tackle these over time.

When you read ‘dobergroup.org.ua’ or ‘the Service’ below, it refers to the services made available at dobergroup.org.ua which store your account and created content, provide services, and communicate via the federation protocols with the rest of the federated social web (which consists of hundreds of other servers).

Where you read DG Comunity or we or us below, it refers to the maintainers of dobergroup.org.ua. This agreement does not apply to Socialhome servers run by anyone else - the federated social web is an open network like the Web and this agreement only applies to the server (dobergroup.org.ua) provided by DG Comunity.

If this agreement is not acceptable, please use a Socialhome server provided by someone else!

Contact Information:

Email: info@dobergroup.org.ua

Should you have other questions or concerns about this document, please send us an email.

Using The Service Means Accepting These Terms

By accessing or using the Service in any way, whether you have created a Socialhome account on the dobergroup.org.ua server, or whether you are accessing content federated from the dobergroup.org.ua server to another Socialhome or other federated social web server, or are just browsing content as an unauthenticated guest, you agree to and are bound by the terms and conditions written in this document.

If you do not agree to all of the terms and conditions contained in this document, please use a Socialhome server provided by someone else and refrain from accessing content federated from this server.

This Is a Living Document

This is a living document. With your help, we want to make it the best in the industry.

If you read something that rubs you the wrong way, or if you think of something that should be added, please get in touch! We’re all ears! Email info@dobergroup.org.ua and we’ll chat.

We don’t amend this document for any specific users or use case, but if your proposed changes apply to all of our users, we’ll be happy to update it for everyone.

We will likely improve this document over time. By continuing to use the Service, you will implicitly accept the changes we make.

Your access and use of the Service is always subject to the most current version of this document.

Breach of Terms

If you breach any of the terms and conditions in this document, your authorization to access or use the Service automatically terminates.

We may block, restrict, disable, suspend or terminate your access to all or part of the Service at any time in our sole discretion, without prior notice or liability to you.

If you think we removed your access by mistake, send an email to info@dobergroup.org.ua and we’ll give you our reasoning.

Support

Support for the dobergroup.org.ua server is provided on a best effort basis by DG Comunity - however, support is often available from the wider Socialhome community in the public chatroom.

Queries sent to info@dobergroup.org.ua will be addressed on a best-effort basis. Phone support is not provided.

We love Socialhome and will support our users as much as we can, but we are also a small team and value our work/life balance. This means that although we’ll try our best, we do not provide 24/7 support.

Intellectual Property Rights

Note on Plain English: We know that the language in this section still reads like legalese - this will be improved in later revisions of this document.

Who Owns the IP of My Messages and Files?

We do not claim intellectual property rights over content or files uploaded to the Service.

You acknowledge and agree that we have no liability of any kind should anyone you granted access to your content or files modify, destroy, corrupt, copy or distribute them, or violate the terms of use or other limitations that you may impose on the use of your shared content.

We may pre-screen user content or files to prevent spam and other abuse, and we may remove any content or files from the dobergroup.org.ua server for any reason without notice at our sole discretion. By posting or uploading your content or files, you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to your user materials as described in these Terms of Use, including all the rights necessary for you to post or upload said content or files.

You are solely and entirely responsible for all of your content and files that you post or otherwise submit via the Service. You shall assume all risks associated with the use of said content including any reliance on the accuracy, completeness or usefulness. DG Comunity does not guarantee the accuracy, integrity or quality of your content or files.

You acknowledge and agree that by accessing or using the Service, you may be exposed to user materials from others that are offensive, indecent or otherwise objectionable.

Reliability

Do You Guarantee That The Service Will Be Accessible at All Times?

In short, we do not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet. We do not offer contracted SLA for availability of the Service and your data.

We monitor the Service closely and have set up automated alarms to be notified when the dobergroup.org.ua server is under stress, so that we can deal with the issue before it becomes a problem that might impact customer access.

You acknowledge and agree that DG Comunity shall not be liable for any failure to access or store your materials on the dobergroup.org.ua server at any time.

App Developers

We encourage you to write software that uses the Socialhome API and interfaces with the Service!

The Socialhome API and our implementation will change over time, and we may change or deprecate APIs or behaviour for any feature of the Service from time to time - it is your responsibility to ensure that calls or requests you make to or via our Service are compatible with then-current APIs for the Service. We will always try to inform you of any changes with reasonable notice so you can adjust your Application, but we are under no obligation to do so.

Provided that you comply with the terms of this Agreement and our policies and procedures, you may use the Service to execute Applications owned by you. You are solely responsible for your Applications, including any data, text, images or content they contain.

Play Nice Clauses

Note on Plain English: We know that the language in this section still reads like legalese - this will be improved in later revisions of this document.

Use of The Service

You agree that you shall not:

Materials and Services provided by third parties are governed by separate agreements accompanying such materials and services. DG Comunity offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party services, including any liability resulting from incompatibility between a third-party service, the dobergroup.org.ua service or another third-party service. You agree that you will not hold DG Comunity responsible or liable with respect to the third-party services.

Illegal Content

Any content containing or promoting indecent images/depictions of children is illegal and utterly prohibited on the Service. When we become aware of such content, we refer the details to the relevant authorities. If you’ve found an account, content or tag being used for the distribution or promotion of child sexual exploitation, please share the details in an email to info@dobergroup.org.ua.

Restriction and Termination of Use

We may block, restrict, disable, suspend or terminate your access to all or part of the Service at any time in our sole discretion, without prior notice or liability to you.

Links to Third Party Sites

The Service may include links that will take you to other sites outside of the the Service. The linked sites are provided as a convenience and the inclusion of the links do not imply any endorsement by us of any linked site. We have no control of the linked sites and you therefore acknowledge and agree that we are not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site. You further acknowledge and agree that we are not responsible for any form of transmission (e.g. webcasting) received from any linked site.

Warranties and Disclaimers

The dobergroup.org.ua service is provided by DG Comunity under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, DG Comunity makes no warranty that:

You acknowledge and agree that:

DG Comunity does not control or endorse the materials or message content found in any profiles or streams. To the maximum extent permitted by law, DG Comunity will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. DG Comunity also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content or files.

The use of the Service is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. DG Comunity assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or materials. No advice or information, whether oral or written, obtained by you from DG Comunity or via the site, services or materials shall create any warranty not expressly stated in the terms of use. DG Comunity will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any services or materials, either with or without your knowledge.

Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety days.

Indemnity and Liability

Note on Plain English: We know that the language in this section still reads like legalese - this will be improved in later revisions of this document.

You agree to indemnify and hold DG Comunity and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

Limitation of Liability

Note on Plain English: We know that the language in this section still reads like legalese - this will be improved in later revisions of this document.

In no event shall DG Comunity, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if DG Comunity has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.

Governing Law and Jurisdiction

This Agreement shall be governed by the laws of Ukraine. Unless contrary to the law where you reside, all disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Ukraine and you expressly consent to the exercise of personal jurisdiction in the courts of Ukraine in connection with any such dispute. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

General

The Service is licensed, not sold, to you by DG Comunity for use strictly in accordance with the terms and conditions of this Agreement. Ownership of the Service shall at all times remain with DG Comunity. Access to the Service is provided to you only to allow you to exercise your rights under this Agreement.

Grant of Licence

Subject to your acceptance of, and compliance with, this Agreement and any payment requirements for the Service (if applicable), DG Comunity hereby grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable licence, in and under our intellectual property rights, to access and use the Services, solely in accordance with the terms and conditions of this Agreement. Unless explicitly stated otherwise, any new features provided by us that augment or enhance the current Service shall also constitute “Service” and shall be subject to these terms and conditions. All rights not expressly granted under this Agreement are retained by DG Comunity.

You may also be subject to additional terms and conditions that may apply when you use other DG Comunity services, third party content or third party software. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by DG Comunity to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

Document Notes

A note on source: this document was copied from Matrix.org’s plain English ToS document. We were impressed by their championing of plain English, and wanted to have the same in our own legal documentation. Feel free to draw similar inspiration from this document, though be sure to get any documents you produce checked over by a lawyer. Good luck!