Terms of Service

The following terms and conditions govern all use of the asciinema.org website and all content, services and products available at or through the website, including terminal recording hosting service (taken together, the Website). The Website is owned and operated by The Asciinema Core Team ("Asciinema"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Asciinema’s Privacy Policy) and procedures that may be published from time to time on this Site by Asciinema (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Asciinema, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your asciinema.org Account and Site

If you create a user account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account or recordings in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Asciinema may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Asciinema liability. You must immediately notify Asciinema of any unauthorized uses of your account or any other breaches of security. Asciinema will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors

If you operate an account, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

By submitting Content to Asciinema for inclusion on the Website, you grant Asciinema a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile and/or recordings. If you delete Content, Asciinema will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Asciinema has the right (though not the obligation) to, in Asciinema’s sole discretion (i) refuse or remove any content that, in Asciinema’s reasonable opinion, violates any Asciinema policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Asciinema’s sole discretion. Asciinema will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website Visitors

Asciinema has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Asciinema does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Asciinema disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which asciinema.org links, and that link to asciinema.org. Asciinema does not have any control over those non-Asciinema websites and webpages, and is not responsible for their contents or their use. By linking to a non-Asciinema website or webpage, Asciinema does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Asciinema disclaims any responsibility for any harm resulting from your use of non-Asciinema websites and webpages.

Copyright Infringement and Privacy Policy

As Asciinema asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by asciinema.org violates your copyright, you are encouraged to notify Asciinema. Asciinema will respond to all such notices, including as required or appropriate by removing the infringing Content or disabling all links to the infringing Content. If a visitor infringes (once or repeatedly) the copyrights or other intellectual property rights of Asciinema or others, Asciinema may, in its sole discretion, terminate or deny access to and use of the Website. In case of such termination, Asciinema will have no obligation to provide a refund of any amounts previously paid to Asciinema.

Intellectual Property

This Agreement does not transfer from Asciinema to you any Asciinema or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Asciinema. Asciinema, asciinema.org, the asciinema.org logo, and all other trademarks, service marks, graphics and logos used in connection with asciinema.org, or the Website are trademarks or registered trademarks of Asciinema or Asciinema’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Asciinema or third-party trademarks.

Changes

Asciinema reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Asciinema may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Asciinema may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your asciinema.org account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided "as is". Asciinema and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Asciinema nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will Asciinema, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Asciinema under this agreement during the twelve (12) month period prior to the cause of action. Asciinema shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Asciinema Privacy Policy, with this Agreement and with all applicable laws and regulations and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Asciinema, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Asciinema and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Asciinema, or by the posting by Asciinema of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Poland. Legal venue for any disputes arising out of or relating to the same shall be the public court located in Kraków, Poland. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.


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