Terms & Conditions - The Pain Zapper

1. General Information Regarding These Terms of Use

General Information Regarding These Terms of Use

Master terms: Welcome, and thank you for your interest in Creative Commons (“Creative Commons,” “CC,” “we,” “our,” or “us”). Unless otherwise noted on a particular site or service, these master terms of use (“Master Terms”) apply to your use of all of the websites that Creative Commons Corporation operates. These include https://creativecommons.org, https://wiki.creativecommons.org, https://network.creativecommons.org, https://search.creativecommons.org, https://labs.creativecommons.org, http://openpolicynetwork.org, http://open4us.org, https://rightsback.org, http://teamopen.cc, and http://thepowerofopen.org, together with all other subdomains thereof, (collectively, the “Websites”). The Master Terms also apply to all products, information, and services provided through the Websites, including without limitation the license chooser, legal tools, the CCID service available at https://login.creativecommons.org/login (“CC Login Service”), and the CC Global Network community website (together with the Websites, the “Services”).

Creative Commons does not operate the website at http://ccmixter.org.

Additional terms: In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.

Collectively, the Terms: The Master Terms, together with any Additional Terms, form a binding legal agreement between you and Creative Commons in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.”

Human-readable summary of Sec 1: These terms, together with any special terms for particular websites, create a contract between you and Creative Commons. The contract governs your use of all websites operated by Creative Commons, unless a particular website indicates otherwise. These human-readable summaries of each section are not part of the contract, but are intended to help you understand its terms.

2. Your Agreement to the Terms

BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES (INCLUDING THE LICENSES, PUBLIC DOMAIN TOOLS, AND CHOOSERS), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.

Human-readable summary of Sec 2: Please read these terms and only use our sites and services if you agree to them.

3. Changes to the Terms

From time to time, Creative Commons may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s) and notify those of you with a current CC Login Service account via email. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

Human-readable summary of Sec 3: These terms may change. When the changes are important, we will put a notice on the website. If you continue to use the sites after the changes are made, you agree to the changes.

4. No Legal Advice

Creative Commons is not a law firm, does not provide legal advice, and is not a substitute for a law firm. Sending us an email or using any of the Services, including the licenses, public domain tools, and choosers, does not constitute legal advice or create an attorney-client relationship.

Human-readable summary of Sec 4: Some of us are lawyers, but we aren’t your lawyer. Please consult your own attorney if you need legal advice.

5. Content Available through the Services

Human-readable summary of Sec 5: We try our best to have useful information on our sites, but we cannot promise that everything is accurate or appropriate for your situation. Content on the site is licensed under CC BY 4.0 unless it says it is available under different terms. If you find content through a link on our websites, be sure to check the license terms before using it.

6. Prohibited Conduct

You agree not to engage in any of the following activities:

Human-readable summary of Sec 8: Play nice. Be yourself. Don’t break the law or be disruptive.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CREATIVE COMMONS OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CREATIVE COMMONS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY CC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CREATIVE COMMONS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Human-readable summary of Sec 10: CC does not make any guarantees about the sites, services, or content available on the sites.

Creative Commons respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights.

To report allegedly infringing Content hosted on a website owned or controlled by CC, send a Notice of Infringing Materials as set out in CC’s Digital Millennium Copyright Act (“DMCA”) Notice & Takedown Procedure.

Please note that Creative Commons does not host the Content made available through CC Search. You should contact the web site or service hosting the Content to have it removed.

Human-readable summary of Sec 15: Please let us know if you find infringing content on our websites.

Choice of law: The Terms are governed by and construed by the laws of the State of California in the United States, not including its choice of law rules.

Dispute resolution: The parties agree that any disputes between Creative Commons and you concerning these Terms, and/or any of the Services may only brought in a federal or state court of competent jurisdiction sitting in the Northern District of California, and you hereby consent to the personal jurisdiction and venue of such court.