Terms of Service
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, 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 or use any of our services. If these terms and conditions are considered an offer by Litany, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services may require a Litany account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Litany Accounts and Usage.
Description. Your Litany account will allow you to access and subscribe to the Litany suite of products.
Your Litany Account and Published Content. If you publish content on Litany, you are responsible for maintaining the security of your account and published content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the published content. You must immediately notify Litany of any unauthorized uses of your published content, your account, or any other breaches of security. Litany 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 publish content, comment on published content, post material to Litany, post links on Litany, or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Litany, you represent and warrant that your Content and conduct do not violate these terms or the User Guidelines. By submitting Content to Litany for inclusion on your website, you grant Litany 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 published content. If you delete Content, Litany will use reasonable efforts to remove it from Litany, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Litany has the right (though not the obligation) to, in Litany's sole discretion, (i) reclaim your username or website's URL due to prolonged inactivity, (ii) refuse or remove any content that, in Litany's reasonable opinion, violates any Litany policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Litany to any individual or entity for any reason. Litany will have no obligation to provide a refund of any amounts previously paid.
Attribution. Litany reserves the right to display attribution text or links in your site footer or toolbar, attributing Litany, for example. The toolbar may not be altered or removed without permission.
When using Litany services, you agree not to:
- Publish material or engage in activity that is illegal under applicable law.
- Use the service in such a way as to overburden Litany's systems, as determined by us in our sole discretion.
- Disclose the sensitive personal information of others.
- Send spam or bulk unsolicited messages.
- Interfere with, disrupt, or attack any service or network.
- Distribute material that is or enables malware, spyware, adware, or other malicious code.
Payment and Renewal.
General Terms. Optional paid services such as extra storage or domain purchases are available (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Litany the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. You can read about our refund policy here.
Automatic Renewal. Unless you notify Litany before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your website's dashboard.
Responsibility of Visitors.
Litany has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, Litany 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. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services 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. Litany disclaims any responsibility for any harm resulting from the use by visitors of our Services, 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 Litany links, and that link to Litany. Litany does not have any control over those non-Litany websites, and is not responsible for their contents or their use. By linking to a non-Litany website, Litany does not represent or imply that it endorses such website. 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. Litany disclaims any responsibility for any harm resulting from your use of non-Litany websites and webpages.
Copyright Infringement and DMCA Policy.
As Litany 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 Litany violates your copyright, you are encouraged to notify Litany in accordance with Litany's Digital Millennium Copyright Act ("DMCA") Policy. Litany will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Litany will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Litany or others. In the case of such termination, Litany will have no obligation to provide a refund of any amounts previously paid to Litany.
This Agreement does not transfer from Litany to you any Litany or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Litany. Litany, WordPress, Litany, the Litany logo, and all other trademarks, service marks, graphics and logos used in connection with Litany or our Services, are trademarks or registered trademarks of Litany or Litany's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Litany or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting the updated documents to our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose, (including the addition, modification or removal of a binding individual arbitration clause).
Litany may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Litany account (if you have one), you may simply discontinue using our Services. 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.
Our Services are provided "as is." Litany 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 Litany nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a cat GIF. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.
Limitation of Liability.
In no event will Litany, 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 Litany under this agreement during the twelve (12) month period prior to the cause of action. Litany 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.
US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Litany reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Litany, 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 our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Litany and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Litany, or by the posting by Litany of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Litany may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This document is made available under a Creative Commons Sharealike License and is based on documents under the same license provided by WordPress.