Terms of Service and Privacy Policy for the ARCHIVOS App

Last updated May 23, 2018 at 4:45 PM EDT

Introduction

  1. By using and/or visiting Archivos or any content uploaded/controlled by Wonderthing Studios, LLC, (collectively, including but not limited to submitting, accessing and/or viewing any and all content available through and/or at the site located at Archivos.digital and any of Archivos’s country-specific domains or subdomains thereof, mobile applications, RSS feeds, syndicated feeds, curated content, digital and print collections, audio recordings, blogs, vlogs, podcasts, social media accounts including those hosted on third party platforms and/or resources owned, controlled or created by or for Archivos or its designees including “Archivos” ”Wonderthing Studios” (wonderthingstudios.com) or “The Archivos Podcast Network” (www.roundtablepodcast.com) (collectively the “Archivos Services”, “Archive” or “Website”)), you signify your agreement to (1) these terms and conditions (the “Terms of Service”) and (2) the terms and conditions of third party sites/hosts/subprocessors used by Archivos (collectively, your “Agreement”). If you (the “User”) do not agree to any of these terms, the Archivos privacy notice, or the Community Guidelines, please do not use the Archivos Services to share, read, recommend, or comment on content hosted by or for Archivos.
  2. Our Terms of Service and Privacy Policy explains what information we collect, how we use it and who we share it with; your use of Archivos is governed by that site’s Terms and Policy. We do not sell the data that you post on, submit to or share on “Archivos” ”Wonderthing Studios” (wonderthingstudios.com) or “The Archivos Podcast Network” (www.roundtablepodcast.com) to third parties, and we do not include or accept paid advertisements from third parties.
  3. We strive to make Archivos’s Terms of Service and Privacy Policy readable. We have tried to provide explanations for the more unusual legal terms. If you have terminology questions not covered here, Law.com’s glossary may help, though we cannot vouch for the accuracy of outside sources, including those referenced in the ToS.

There are five parts to the Terms of Service (ToS):

  1. General Principles
  2. Age Policy
  3. Privacy Policy
  4. Content and Abuse Policies
  5. Assorted Specialized Policies

 

I. General Principles

A. The legalese: including where a lawsuit would be filed, when, and under what law

The ToS constitute the entire agreement between you and Wonderthing Studios, LLC (hereinafter “Us” or “Archivos”) and govern your use of the Archivos Service on the web or via an app (hereinafter “Service” or “Archivos”). It takes the place of all prior agreements between you and Archivos concerning your use of the Service.

This Archivos ToS, the relationship between you and the Archivos, and all disputes arising out of or related to it, shall be governed by the laws of the United States and specifically the State of Tennessee, without regard to its conflict of law provisions.

You and the Archivos agree to submit to the personal and exclusive jurisdiction of the courts located within Tennessee, and to waive any objection to the laying of venue there.

Archivos’s failure to enforce any part of the ToS will not waive the Archivos’s ability to enforce it, and any waiver with regard to a specific instance shall not constitute a waiver of any other breaches of the ToS, even with regard to the same user.

If any provision of the ToS is found by a court of competent jurisdiction to be invalid, you agree that the court should give effect to the party’s intentions as reflected in the provision, and that the other provisions of the ToS remain in full force and effect.

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the ToS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

B. You agree to the Terms of Service

  1. Archivos hosts and shares content created by third parties (“User Submissions”). Our Privacy Policy is a part of these Terms of Service and is contained in  Section III of these Terms of Service. By submitting User Submissions including a work, comment, image, tag, item of information including Personal Data like an email address, User Name, link, embedded image, audio file or video, or any other form of content (“Content”) to Archivos, or by creating a User Account and/or by viewing any Content on Archivos, you affirm, confirm and state that you comply with and assent to the ToS, which incorporates the Archivos Privacy Policy.
  2. We may update the ToS as necessary. Although we may attempt to notify site users when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (https://www.archivos.digital/terms). Archivos may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions by your continuing use of the Archivos Services including allowing Archivos to host your User Submissions as defined herein.

Subject to amendments of the update process by the Archivos Board, this is the only means by which the Terms of Service may be altered. The Terms of Service cannot be changed by emails or oral communications with you.

C. Potential problems with the Service

  1. Archivos provides services on an “as is” and “as available” basis. Archivos does not warrant (that is, does not make a legally binding promise) that our services will meet your requirements; that our services will be uninterrupted, timely, secure, or error-free; or that the results you get from using the services will be accurate, reliable, or satisfactory to you. We will endeavor to provide the best possible service to users of the Service, but many things (e.g., possible outages, hackings, etc.) are not within our control and we cannot provide for all eventualities. In the event we learn of a breach of Personal Data that users have submitted to the Service, we will notify affected users as soon as practicable.
  2. Content may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of the Content’s owner(s). Archivos reserves all rights not expressly held by third parties, or granted to third parties, in and to the Content it creates.
  3. The content on the Archivos Services, except all User Submissions including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), that are owned by or licensed to Archivos, are subject to copyright and other intellectual property rights under the law.
  4. Any material you download, view, or otherwise access through the Service is at your own risk. You will be solely responsible for any damage or loss of data that results from the download of any such material.
  5. Archivos expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The ToS govern your use of the Service, and therefore no communication from anyone associated with the Archivos Service will create any warranty that isn’t expressly stated in the ToS.
  6. You expressly agree that Archivos shall not be liable to you for any damages of any kind (even if Archivos has been advised of the possibility of such damages) resulting from the Service, including but not limited to your use of or inability to use the Service; unauthorized access to or changes in Content or information you submit; and the acts and statements of third parties who use the Service.
  7. You agree that Archivos shall not be liable to you or any third party for any termination of or limitation on your access to Archivos. Archivos may change, end, or put on hiatus the Service, or parts of its Services, at any time.
  8. You agree that Archivos shall not be liable to you for any claim arising out of Content you make available, your use of the Service, your connection to the Service, your use of the ToS, or your violation of any rights of another.
  9. Archivos reserves the right to discontinue any aspect of its Service at any time.

In other words, Archivos is not liable to you for allowing you to post Content, download Content, use the Service, or interact with Archivos. Archivos does not assume whatever legal risks you face by posting, viewing, or doing other things with Content.

D. What you can’t do:

You agree not to use the Service (as well as the e-mail addresses and URLs of Archivos sites):

  1. to make available any Content or work that violates the Content Policy as defined herein;
  2. to impersonate any person or entity, including, but not limited to, an  Archivos representative or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity (fiction marked as such, including real-person fiction in first-person format, is not subject to this policy);
  3. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the  Service or any Archivos Content, sites, servers, networks, or services (headers and identifiers are defined as information actually used or intended to be used to route or authenticate Content, and do not include Content that simulates identifiers as part of a story, such as a fictional e-mail exchange);
  4. to remove watermarks or source identifiers, logos and/or code from content created by or hosted by third parties, including other users, on Archivos;
  5. to make available any Content that a court has ruled constitutes patent, trademark, trade secret or copyright infringement (please be aware of Archivos’s position on the legality of transformative works);
  6. upload, post, e-mail, transmit or otherwise make available any User Submission where you reasonably believe that said submission constitutes patent, trademark, trade secret or copyright infringement, taking into consideration Archivos’s position on the legality of transformative works;
  7. to make available any unsolicited or unauthorized advertising (defined as solicitations for direct or indirect commercial advantage), junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  8. to make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or hardware or telecommunications equipment;
  9. to interfere with or disrupt the Service, any Archivos-hosted Content or sites, servers, Services or networks connected to Archivos sites;
  10. to create an account if you are a resident or national of any country to which the U.S. has prohibited transactions by mandating a trade embargo, as detailed further by the State Department;
  11. to access User Submissions of other users and/or Archivos and its designees for purposes other than solely for your information and personal use and as intended through the normal functionality of the Archivos Service.
  12. to create an account if you are under the age of thirteen;
  13. to create an account if you are: under the age of 16, and a resident or citizen of a country, including a European Economic Area country, that states an age that is older than thirteen is required to consent to the processing of personal data without our obtaining written permission from a parent or legal guardian.

A list of countries that apply the GDPR can be found here. Each user is responsible for knowing the laws of their own country.

  1. to use Archivos services to break any law that applies to you, including any rules or regulations having the force of law. Just by way of example, do not use the services to disseminate restricted technologies or violate laws governing the export of technical data. This provision is not intended to deal with matters subject to the Content Policy, but the Content Policy cannot cover every law in every country. As a general matter, the Archive follows US law. Content that is alleged to violate the law of a relevant jurisdiction will be dealt with according to the procedures established in the Abuse Policy.

E. Content you submit to and/or host on the Service

  1. As an Archivos account holder you may submit textual, audio, visual, or audiovisual content including but not limited to stories, poetry, polls, profile images, forum messages or instant messages. Such user submitted content are collectively and individually referred to as “User Submissions”. You understand that whether or not such User Submissions are published/made available to the public, Archivos does not guarantee any confidentiality or privacy with respect to any User Submissions.
  2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with your User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use needed pursuant to your User Submission, including but not limited to privileges you hold pursuant to Fair Use and laws regarding transformative works in the country or jurisdiction where you reside. By submitting any User Submission, you immediately grant to Archivos the license described in Paragraph C of this Section in and to said User Submission as well as all patent, trademark, trade secret, right of publicity or other proprietary rights in and to any User Submissions, and affirm that you have all necessary consents to collect, use and disclose any personally identifiable information contained or displayed in any and all said User Submission that is required to include said User Submission in and/or on the Archivos Service to enable inclusion and use of the User Submissions in the manner contemplated by the Website Archivos and these Terms of Service.
  3. In connection with User Submissions, you agree that you will not submit material that is (a) protected by trade secret or otherwise subject to third party rights regarding privacy and publicity rights, unless you have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant Archivos all of the license rights granted herein (b) copyrighted by a third party unless said User Submission is a Fair Use of said content under US copyright laws.
  4. For clarity, you retain any ownership rights that you have in and to your User Submissions. However, for the Archivos site to exist and provide fantastic content to readers around the world, in submitting a User Submission to Archivos, you hereby grant Archivos a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, edit, modify, tag, cache, index, codify, adapt or create derivative works of, host and perform the User Submissions in connection with the Archivos Services and its affiliates, where such right is terminated only upon a user’s deletion of said User Submission, at which time Archivos may copy, retain, use and distribute User Submissions that have been removed or deleted by the individual who submitted/uploaded the User Submission. You hereby waive any moral rights you may have in your User Submissions and grant each user of the Archivos Services a non-exclusive license to access and archive, but not to distribute, your User Submissions through the Archivos services.
  5. You further agree that you will not, in connection with User Submissions, submit material that is contrary to applicable local, national, and international laws and regulations.
  6. Archivos does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Archivos expressly disclaims any and all liability in connection with User Submissions. Archivos supports robust fair use and hosts transformative works, but Archivos does not permit copyright infringing activities and infringement of intellectual property rights on its Website, particularly those that constitute counterfeiting or piracy. Archivos will remove Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights or contravenes any applicable privacy legislation. Archivos reserves the right to remove Content and User Submissions without prior notice.
  7. Archivos may from time to time host in-person events or experiences. All individuals attending such events are asked to conduct themselves in comportment with these Terms of Use and violations of said Terms of Use or the harassment of any individual at or in connection with said event shall be treated by Archivos in the same manner that such violation would be treated by Archivos were it to have happened online. If Archivos or the third party entity hosting such event, makes available a Safety Policy regarding any in-person event and/or experience then for the duration of the event/experience said Safety Policy is incorporated by reference into this Agreement, and these Terms of Use are incorporated into said Safety Policy.
  8. If you indicate upon registration with Archivos or at any time subsequent that you want to receive information from and/or about Archivos’s affiliates, partners and trusted third parties, Archivos may provide your information to third parties regarding information about products and services or otherwise provide you with such information directly.
  9. Archivos reserves the right to send electronic mail, SMS messages and other communications to you for the purpose of informing you of changes or additions to the Archivos Service as well as new content on the Archivos Service, or with regard to surveys, polls, site analytics and usage and Archivos’s curatorial content.
  10. Archivos reserves the right to disclose demographic and site-access information, and will take reasonable steps to not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Web site may collect and share personal information pursuant to our Privacy Policy.

F.      Content you see through use of the Service:

  1. Archivos or users of its services may provide links to or content via sites that are owned or controlled by third parties, and may use such sites, including Twitter and Facebook, to communicate information about Archivos. Archivos has no control over such sites or their terms of use or privacy policies, and you agree that Archivos is not responsible for and does not endorse their content, terms or availability.
  2. While we limit the types of embedded content visible or accessible via Archive-hosted Content, some of the content and/or works that you see displayed at the Archive are not hosted on the Archive or by the Organization for Transformative Works. Such embedded content can include videos, tweets, images that are hosted by third-party sites, or audio files (“User-Embedded Content”). If you access a page that includes User-Embedded Content, the content file may share data with the hosted site as if you were on or at the hosted site. Although all visible Content, including embedded images or other works, must comply with our Content Policy, User-Embedded Content is not otherwise governed by these Terms of Use or the Archive Privacy Policy, and instead is covered by the Terms of Use and/or Privacy Policy of the service that hosts the User-Embedded Content. The Archive reserves the right to provide an indicator to users that User-Embedded Content is present on or visible via your Content.
  3. You understand that when using the Archivos Services, you will be exposed to User Submissions from a variety of sources, and that Archivos is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, blasphemous or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Archivos with respect thereto, and agree to indemnify and hold Archivos, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. Content, including User-Embedded Content, is the sole responsibility of the submitter.
  4. You recognize that Archivos does not endorse Content on the Archive in any way, except when material appears as an official statement of Archivos. No committee members, officers, or directors of Archivos are acting in an official capacity when they post works, commentary, or other Content of the type generally provided by site users.
  5. Archivos is not liable to you for any Content to which you are exposed on or because of the Archive.

G. Valid e-mail address:

  1. As part of your registration, you agree to provide an accurate and current e-mail address and to update the address as necessary. If your e-mail address is inaccurate or not current, Archivos may suspend your account. Content provided by suspended accounts before the suspension will not be removed unless the Archivos Board reasonably believes that presence/inclusion of said Content exposes the Archive and/or Archivos to liability.
  2. By registering or otherwise using an e-mail address in connection with Archivos, you assert that the e-mail address is not listed on any child protection registry. (There are child protection registries in Michigan and Utah, and our policy applies to any others that exist or may be adopted, whether local, state, or national, including any outside the U.S.)

H. What we do with Content:

Archivos does not claim any ownership or copyright in your Content. Repeat: we do not own your Content. Nothing in this agreement changes that in any way. Running Archivos, however, requires us to make copies, and backup copies, and process Content, on servers that may be located anywhere around the world including outside the EU.

  1. You agree that we can make those copies and show your Content to other people, subject to your privacy settings. Specifically, by submitting Content, you grant Archivos a world-wide, royalty-free, nonexclusive license to make your Content available. “Making available” includes distributing, reproducing, performing, displaying, compiling, and modifying or adapting.Modifying and adapting here refer strictly to how your work is displayed—not how it is written, drawn, or otherwise created. But because your Content may be transmitted over various networks, we may have to make changes to the formatting or display of your Content in order to adapt to the technical requirements of different networks or devices. Multimedia content may not display properly on all devices. In some circumstances, we may make changes to improve accessibility. For example, we may automatically convert html tags to our standard forms (e.g., changing “bold” html to “strong”). Or we may make special provisions for accessibility, such as allowing you to use nonstandard fonts but also providing an alternate format for those who cannot read such fonts. We may use an internal search engine whose results display relevant snippets from your Content.
  1. Subject to the next paragraph of this policy, this license exists only for as long as you choose to continue to include such Content on the Archive and will terminate within a reasonable time after you remove the Content or Archivos removes such Content from the Archive. We will always strive to make your Content unavailable to users as soon as possible should you choose to remove it. Though removed Content will not be publicly available, for legal and disaster recovery purposes we may retain backup copies for longer periods.
  2. You may provide Content to a part of the Archive that you do not completely control. For example, you may decide to participate in a challenge run by another user. Or you may provide Content to a part of the Archive where your Content can be deleted by other users, for example a Comments page. Where this is the case, by submitting Content to those parts of the Service, you agree to the rules for removing and retaining such Content on those parts of the Service.
  3. You acknowledge and agree that Archivos may preserve Content and may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the ToS; respond to claims that any Content violates the rights of third parties; or protect the rights, property, or personal safety of the Archivos services’ users and the public.

Data and Content Processing

Archivos and the Archivos Service exist to host Content by creative people like you. In order to host or share your works, as well as comments, kudos, and whatever you put into your User Profile, we have to process certain data and information including Personal Data that we collect from Users, and that each User inputs. In order to operate the site, host Archivos and user Content, and prevent technical issues and breaches, we need to process (e.g. collect, store, retrieve, disseminate, make available, and delete) certain data and information including personally identifying information, also known as “Personal Data”. Personal Data includes your username, your email address, your IP information and any personally identifying information you enter on the Archive, including information that you put into your profile, a work’s notes or tags, into the body of a work or other Content itself.

By using the site, you consent to our collection, processing, retention and display of your Content as set forth and explained in these Terms of Use so we can operate, manage, display and share the creativity on Archivos; if we believe that using, retaining and/or sharing that information is necessary to preserve the integrity of the Archive and the Content that we host; for legitimate legal and/or accounting audit purposes; when we have a good faith belief it is required by law, such as pursuant to a subpoena or other legal process; or when we have a good faith belief that doing so will help prevent imminent harm to someone.

II. Archive Age Policy

This Age Policy covers the Archive’s treatment of users (a) who are residents or citizens of the European Union and of the age where consent of a parent or legal guardian is required for the processing of personal data of children including email addresses and IP addresses, as well as certain uses of cookies; and (b) who are under the age of thirteen (13) and residents or citizens of any other country.

In compliance with United States regulations regarding online privacy for children, the Archive does not knowingly solicit or collect information from children under the age of thirteen (13). Children under the age of thirteen (13) are therefore not permitted to have an account or upload Content of any type to the Archive. By submitting Content to the Archive, you thereby confirm that you are thirteen (13) years old or older, and of the age to legally grant consent to have us use, process and retain your Personal Data as well as Special Categories of Personal Information in the country where you reside and/or are a citizen.

Asking a parent or legal guardian to upload Content does not constitute submitting Content under this policy. If you are under the age of thirteen (13) and not an Age-Barred Individual (as defined below), your parent or legal guardian may upload your Content through their account.

We as an organization have opted to protect teen users’ privacy. As a result, we cannot receive or host Content from individuals that we know are under the age of sixteen and residents/citizens of the European Union, unless they are residents/citizens of the EU countries that allow the collection of Special Categories of Personal Data from those at a younger age (“Age-Barred Individuals”). Age-Barred Individuals may not maintain accounts or submit Content. Archivos Personnel may, in their reasonable discretion, hide and/or delete accounts held by and/or Content submitted by Age-Barred Individuals.

III. Archive Privacy Policy

A. Who runs the Archive

The Archivos Website is overseen by our administrative staff who process all support requests as well as ensuring new registrations are integrated smoothly into the workflow of the website. These individuals also periodically review existing content to ensure compliance with Archivos ToS.

Support and development is handled by our development team of coders and UI/UX specialists who periodically update the site with new features and patches addressing existing issues.

B. This TOS, including the Privacy Policy, applies only to Archivos

This Privacy Policy covers Archivos’s treatment of Personal Data, including personally identifying information submitted to us, and which we collect when you use our services in the course of ordinary communications. The Archivos Services may contain links to third party websites that are not owned or controlled by Archivos and embedded content that is not created, controlled or owned by Archivos. Archivos has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Archivos will not and cannot censor or edit the content of any non-user third-party. By using the Website, you expressly relieve Archivos from any and all liability arising from your use of any third-party website. Additional terms and conditions may apply when you use affiliate services or third-party content, including but not limited to Facebook, Twitter, YouTube, Twitter, Tumblr, Yahoo, Google+ and others; Archivos does not control said terms and conditions, and your use of such sites is at your own responsibility and your own risk. By accessing any page hosted, controlled or otherwise managed by Archivos or submitting any content to Archivos including but not limited to emails or postings on our Facebook page, YouTube postings or Forums, you state that you agree with, and agree to comply with, the Terms of Use.

C. About possible changes:

If these Terms of Service and/or this Privacy Policy change at any point in the future, we will post the policy changes to the Website. Such changes will be used only for information provided by those who have visited, used, or accessed the Service after the effective date of such policy changes. If you are concerned about how your information is used, you should check back at the Archive site periodically to review the policies.

D. Archivos adherence to the TOS:

If you feel that this Service is not following its stated information policy, please contact Archivos Personnel at https://archivos.digital/contact/.

E. What we will do:

  1. Any information you include in your work, comment, profile, bookmark, summary, or other Content, including information about your religious views, political views or your sexual identity, or any personally identifying information such as your email address, location, or account User Name for other sites will be accessible by the general public if the Content is marked public, and by Archivos users and personnel if the Content is marked accessible to Archivos users only. If you save the Content in Draft form, it will be accessible by certain Archivos personnel.
  2. We collect personally identifying information such as your IP address and e-mail address when you request an Archive invitation, register for a user account with the Archive, visit any of the sites and Services that are part of Archivos family of sites, or use any of the Archive’s Services. We may use third-party services to store, process, or transmit data, or perform other technical functions related to operating the Service. These services may include spam detectors, backup services, icon hosting, and e-mail services; a list of third-party services is provided in our Subprocessor List. We cannot guarantee other services’ performance. We or the services we use may store or process your Personal Data in data centers which may be located in the United States or other countries.
  3. We will use your e-mail address internally for purposes of managing Archivos and maintaining site integrity; if you agree to allow your e-mail address to be public, it will be public and you can change that setting any time. You can choose to leave it private, or make it public on the Site; if you opt to make it public, everyone has the ability to access it and use it for any purpose. We may occasionally send e-mails to you from Archivos about your Content and account, the Archive, and our fundraisers, as well as news that we reasonably believe to be of use to our registered users; we will send you your invitation to register for the Archive via e-mail as well. By creating and maintaining a User Account on and with Archivos, you consent to receiving such emails, including fundraising e-mails. We reserve the right to send you notice of complaints raised against you, or alleged violations by you of the Terms of Service, as well as to reply to any e-mail message you send to the Archive and/or its personnel.
  4. We collect, process and retain the following data for the following reasons:
    1. E-mail Addresses: We collect e-mail addresses of and from those who communicate with us via e-mail and any Content or Personal Data included in e-mails to us. We need this information so we can respond to you, and so we can handle complaints about the Service and any users who may have violated the Terms of Use or other policies, and for other legal and accounting/audit reasons including maintaining the integrity of the Archive and the Content that we host;
    2. User-Specific Information: We collect information about what pages users access or visit including your interactions with integral Archive features such as Kudos, Comments, Bookmarks and the tags that you “favorite”, as well as referral information (i.e. data about what site you are coming to the Archive from) and whether there are errors in displaying Content to you. We need this information to maintain the integrity of the site, the Service and the Content that we host; to provide you with the Content that you are seeking; to minimize “gaming” Kudos counts and spam; and for other legal and accounting/audit reasons.
      1. You consent to our collection, processing, retention and display of your Content, including personal data, when you upload a work in a manner that is available to all Archive users, or the general public, depending on which you choose. We need such consent because your purpose in and reason for uploading Content to the Archive is for that Content to be visible to users, and if you opt to, for it to be visible to the general public.
      2. You consent to our collection, processing and retention of your Content, and personal information connected therewith, including display to you and certain Archive personnel when you upload a work in “Draft” form. We need such consent because your purpose in and reason for uploading such Draft Content to the Archive is for that Content to be accessible to you at a later date. In order for that Content to be available to you, it also needs to be accessible to those on the Archive team who have access to our servers, and to Archivos management, Policy & Abuse and Legal committees if necessary to enforce these Terms of Service and maintain the integrity of the Service.
      3. You consent to our collection, processing and retention of your Content, and personal information connected therewith, including display to you and certain Archive personnel when you upload a work in “Private” form. We need such consent because your purpose in and reason for uploading such Private Content to the Archive is for that Content to be accessible to you alone. In order for that Content to be available to you, it also needs to be accessible to those on the Archive team who have access to our servers, and to Archivos management, Policy & Abuse and Legal committees if necessary to enforce these Terms of Service and maintain the integrity of the Service.
      4. You consent to our collection, processing, retention and display of personal information and Content you submit for inclusion on your Public Profile Page. We need such consent because your purpose in and reason for including information in your Profile is for that Content to be visible to the general public.
      5. You consent to our collection, processing, retention and display of text that you submit as Comments or Posts in the Forum, as well as your personal information associated therewith. We need such consent because your purpose in and reason for submitting a Comment is for that Content to be visible to the general public.
      6. When you are logged in, you consent to our collection, processing, retention, display and use of your User Name as well as our association of it with Kudos that you submit. We need such consent because your purpose in and reason for submitting Kudos is for that Content to be visible to the general public.
      7. Whether you are logged in or not, you consent to our collection, processing, retention and use of your IP address for a limited time, including when you give Kudos. We need this consent because your purpose in and reason for submitting Kudos is to engage publicly with the Content that you enjoyed without publicly associating your Kudos with a User Name, and you wish for such Kudos to be publicly visible and disassociated from your Archive Account, if you have one; and because we endeavor to count only one view of a URL per cookie session on the “Hit” count for a work. Temporarily collecting, processing, and retaining IP addresses permits us to conduct internal management of Kudos and Hits.
      8. When you make a purchase of a subscription on Archivos, you will be asked to freely give informed and unambiguous consent that the Personal Data that you submit in conjunction with your Subscription (“Subscription Information”) can be collected, processed and retained for purposes of enabling you to use services and tools that are available only to subscribers, as well as for legal and accounting/auditing purposes. Subscription Information includes your credit or debit card number, card expiration date, CVV code, and billing/payment account address which are shared with payment services providers to process payments; prevent, detect, and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of credit or debit cards.
    3. The IP address of Archivos visitors including registered users is collected and processed by Archivos; we need this information so we can provide you with the Content that you are requesting, to allow you to submit Comments, Content and Profile information, and leave Kudos, and for other legal and accounting audit reasons including maintaining the integrity of the Archive and the Content that we host. Certain IP information may be collected by the server for log purposes and used for limited technical assessments of the Service.
    4. Logs of server interactions, as well as event logs are collected and processed. We need this information for legal and accounting/audit reasons, including maintaining the integrity of the Archive and the Content that we host.
    5. We use cookies to store visitors’ preferences; customize web pages based on visitors’ browser type or other information that the visitor sends; and record activity at the Archive in order to provide better service when visitors return to our site. Cookies must be enabled for the Archive to function properly with your computer. Archivos has no access to cookies set by other sites.
  5. If for any reason you terminate your user account with us, we will destroy active records containing your Personal Data as soon as reasonably possible. “Reasonably” here means no more than thirty business days from the termination of the account; however, we may have to retain some information for a longer period as legal records or for auditing purposes. If we terminate your service, we may retain enough information to prevent you from signing up for the service in the future.
  6. If we receive a complaint about a violation of someone’s intellectual property rights, we reserve the right to disclose the information provided by the rightsholder or the rightsholder’s representative to the subject of the complaint. If we receive a complaint about other matters, such as plagiarism or harassment, we will follow the Abuse Policy, which explains what information provided by the complainant may be disclosed to the subject of the complaint.

F. What we will not do:

  1. Archivos will not provide any third party with any of your personal information or any of the information we collect, except as provided under our Terms of Service. We will not use your Personal Data to market third party products and services to you via the Archive.
  2. We will not sell, trade, or rent your Personal Data. Except as provided under this policy, we will not disclose your Personal Data to any third party without your prior consent unless we (1) are legally compelled to do so, (2) have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or legal process served on Archivos, or (3) are cooperating with law enforcement authorities. As to (3), we will cooperate with all investigations conducted by law enforcement authorities within the United States of America when legally required to do so. Cooperation with law enforcement authorities from other countries and cooperation when it is not legally required are at our sole discretion. Our discretion looks favorably on freedom and justice, and unfavorably on oppression and violence.
  3. Unless legally prohibited, we will attempt to notify you any time we disclose your Personal Data to a third party. In some cases, the information we have, such as an IP address, may be insufficient for us to notify you.

IV. Content and Abuse Policies

We recognize that there is no such thing as a popular abuse policy. By their nature, abuse complaints are unpleasant at best. And policy needs to be applied by people, which always complicates matters. We have tried to set out clear procedures to minimize and channel the inevitable conflicts.

Archivos Services will contain content that has not been screened, reviewed, read, viewed, approved or curated by or for Archivos; Archivos has no control over, and assumes no responsibility for, User Submissions. Archivos makes no warranty that the Archivos Services will be uninterrupted, timely, secure, accurate or error-free or that any information contained in any User Submissions thereon shall be accurate, informational or in comportment with your views or beliefs. Complaints are investigated only when they are submitted through the appropriate channels and with the appropriate information.

A. Procedures

  1. Submitting a complaint

Complaints may be submitted to our Policy & Abuse team. Except in the case of copyright complaints, a complainant may submit a complaint via the Policy & Abuse web form. Depending on the nature of the complaint, anonymity of the complainant may hinder our ability to examine and/or verify the complaint. In order for personnel to follow up on any allegation, the exact location (URL) and nature of the alleged violation must be supplied in the original complaint. Repeated unverified complaints from the same source may be subject to summary rejection.

  1. Treatment and investigation of complaints

Only people who need to know about a complaint will be informed about it. The details of any individual complaint are confidential and must be used only in resolving that complaint.

The subject of a complaint may also be among those who need to know about it. Only information provided in the complaint will be passed on. The complainant has complete control over what information is submitted to Policy & Abuse, and can submit a complaint pseudonymously. (Legal names and other information sufficient to identify a person in the physical world will never be disclosed as part of a standard abuse complaint. For further clarification, please refer to our privacy policy.)

In general, the Policy & Abuse team will only communicate with the subject of a complaint if there appears to be a violation of site policy, or if personnel need more information to resolve the issue.

The Policy & Abuse team records the IP address from which each complaint is submitted, to prevent misuse of the system and/or Service.

Subject to obligations of confidentiality about specific complaints, the Policy & Abuse team may release statistics about general trends, such as the number of plagiarism complaints made and the actions taken by the team, in public or to other Archivos committees, to facilitate discussions of policies, procedures, and trends in complaints.

When Policy & Abuse personnel determine that Content needs to be removed for reasons other than violation of the Age Policy by Age-Barred Individuals, the team will identify the nature of the problem with the Content, and set a deadline for voluntary removal of the Content. An administrator may also hide Content from other users where appropriate. If the original poster does not remove the Content within the deadline, the Archive will remove the Content. In addition, we may remove Content immediately, without waiting for a response, if we are contacted by a legitimate law enforcement agency or if we determine that the Content is threatening to an individual or reveals an individual’s personal information without consent. In such cases we will inform the original poster as soon as possible. The original poster will then have the option to resubmit with the violating Content removed.

If Content violating the ToS is posted with invalid contact information, it will be removed without prior notice.

If the complainant requests notification of the resolution of the complaint and provides contact information, we will notify them.

  1. Submitting an appeal

The complainant or the original poster may appeal a decision to the Policy & Abuse team as a whole. During the appeal, the original decision will remain in effect. We will attempt to resolve appeals as speedily as possible. The team’s decisions are final unless overturned by Service Management at Service Management’s sole discretion. There is no right of appeal to Service Management. The team, however, may consult with Service Management or with committee members authorized by Service Management if the team decides that consultation would help resolve an issue.

  1. Account statuses

“Account status” refers to the existence of warnings on an account and whether that account has been suspended, temporarily or permanently (refer to the ToS FAQ).

The Policy & Abuse team may issue warnings when it determines that a violation of the ToS was minor or unintentional. More serious, intentional, or repeated violations of the ToS will trigger suspensions. A suspension will generally be for a defined period of time, such as a month. The team may also permanently suspend users when it determines that such action is justified. Permanent suspensions for violations other than spam, violation of the Archive’s Age Policy by Age-Barred Individuals, or threatening the technical integrity of the site requires a majority vote of the team. The team’s discretion will be informed by the nature of the violation and the response of the user, including the user’s decision to voluntarily remove, modify or edit the Content that violates the ToS.

You are encouraged to create no more than one account. Using multiple accounts for any malicious activity will result in immediate account termination and deletion of all Content uploaded to the account in question in the sole discretion of Archivos management..

The administration of the site reserves the right to lock, limit and/or terminate any account without notice. A user whose account has been permanently suspended for reasons other than age may not rejoin under another identity.

Where possible, we encourage users to try mediating disputes before contacting Policy & Abuse. We provide tools for registered users to control Content that is uploaded in their own spaces. For example, users are able to delete comments on their own stories. If you are unable to resolve the problem on your own, you can file a complaint with the Policy & Abuse team.

In some cases, objectionable Content may have already been deleted before the Policy & Abuse team acts. We appreciate good faith attempts to resolve disputes, and in most such cases will close the complaint with no further action. However, we reserve the right to consider individual circumstances, including whether the poster has engaged in a pattern of such conduct. In such cases, if we verify that the original Content violated the ToS, we may still decide to warn or suspend the original poster.

Penalties apply to users, not to screen names/pseudonyms. Penalties are not retroactive: a suspended user’s non-objectionable Content will not be automatically removed unless the user is an Age-Barred Individual. Suspended users retain the right to delete or Striking their works by contacting Archive administrators.

B. Spam and commercial promotion

You agree not to use the Website for any commercial purpose without the prior written authorization of Archivos. Prohibited commercial uses include any of the following actions taken without Archivos’s express approval and/or via Archivos’s official advertising and promotion settings and/or channels:

  • sale of access to the Website or its related services on another website;
  • use of the Website or its related services for the sole purpose of gaining advertising or subscription revenue;
  • the sale of advertising, on the Archivos Services or any third-party website, targeted to the content of specific User Submissions or Archivos content;
  • creation of an app that scrapes or otherwise access content hosted on or by Archivos or that is part of the Archivos Services
  • and any use of the Website or its related services that Archivos finds, in its sole discretion, to use Archivos’s resources or User Submissions with the effect of competing with or displacing the market for Archivos, Archivos content, or its User Submissions.

Repeated identical or nearly identical posts in multiple places, e.g., a large number of identical comments promoting a website, will also be considered spam regardless of commercial content.

Anything we determine is spam will be removed immediately. Users may be permanently suspended for spam the first time they post spam content.

In general, unsolicited commercial activity is not permitted on the Archive. The Policy & Abuse team has the discretion to decide that a -related offer was mistakenly disseminated and issue a warning instead of a suspension.

Any spam- or commercial activity-related penalties may be appealed using the ordinary appeal process.

We may use automated means to filter out spam. If you submit Content that is erroneously caught in a spam filter, please notify Archive administrators.

C. Threatening the technical integrity of the Service

Conduct that threatens the technical integrity of the Archive, e.g. attempts to hack the Service or spread viruses through it, will result in an immediate account suspension and deletion of any Content that is hazardous to the operation of the Service or to users’ computers. Users may be permanently suspended for threatening the technical integrity of the Archive the first time they do so. Such suspensions may be appealed using the ordinary appeal process.

Uploading technically misnamed files or Content—e.g., non-image files with an image file extension used to disguise their actual format—constitutes a threat to the technical integrity of the site.

D. Copyright and Trademark

Please be aware that Archivos believes that transformative works are legal; therefore, complaints based merely on the existence of work based on copyrighted content or mentioning trademarks will not be pursued.

If you believe that your content has been reproduced in whole or in part, without transformative use (transformative use is defined by Archivos as adding something new, with a further purpose or different character, altering the source with new expression, meaning, or message), please follow our procedures for reporting copyright infringement.

The report must clearly and specifically indicate the exact location (URL), nature, and extent of each instance of allegedly infringing content, as well as the exact copyrighted material that is being infringed, as well as full and complete contact information for the copyright holder and/or an authorized agent.

Epigraphs and short quotations, including quotations from song lyrics and poetry, are allowed. Content that is set within or draws on an existing work is allowed. Reproductions of entire copyrighted works—whether songs, poems, transcripts, or other material—are not allowed without the consent of the copyright owner.

E. Plagiarism

Plagiarism is an often-contested and fuzzy concept, and no definition will satisfy everyone. Our aim is to be transparent and fair in resolving disputes.

Plagiarism is the use of someone else’s words or concepts without properly attributing those words or concepts to their original source. Simply finding and replacing names, substituting synonyms, or rearranging a few words is not enough to make the work original to you. Deliberately writing a work using the same general idea as another work is not plagiarism, but a citation is always appreciated. Generally, quotes from the source material (canon) on which the Content is based will not constitute plagiarism, nor will obvious allusions (“Use the Force, Luke!”). However, when in doubt, cite. Be aware that the Policy & Abuse team may decide that your citation is not sufficient to render the work your own; a mere nod to another author whose work you are presenting as your own may result in a judgment of plagiarism.

Plagiarism is a violation of the ToS and will incur the penalties described in the Abuse Policy. As with all Content that violates the ToS, plagiarized Content must be removed. Depending on the type and amount of plagiarized Content, this might entail removing an entire piece of Content, removing only the plagiarized portions from a longer work while leaving the original material, or adding citations.

If you believe a work posted on the Archive plagiarizes another work, please report the work to the Policy & Abuse team. In order to allow us to investigate, please provide a link to the work on the Archive, relevant excerpts, and a specific citation of the original material (for example, a URL or a book edition and page number).

F. Personal information and identities

  1. Archivos is committed to protecting the privacy of our users; unauthorized disclosure of another’s personal information and/or data which is included within the definition of Special Categories of Personal Data violates the Terms of Service. For these purposes, “personal information” may include legal names and other information sufficient to identify a person in the physical world that they have not voluntarily shared on the Archive itself. “Personal information” may also include the identity of the creator of a Stricken work. The Archive reserves the right to delete, hide, mask or otherwise make unavailable to the general public any personal information and/or data which is included within the definition of Special Categories of Personal Data.
  2. If you are a resident or citizen of the European Community, you can request that Archivos assemble the data about you that it has in our archive, and provide a copy in electronic format to you; we agree to provide such data to you within a reasonable time. Use the Contact Form to make a request.

G. Harassment

Harassment is any behavior that produces a generally hostile environment for its target. This includes activities such as bullying and hazing by groups of people as well as personal attacks by individuals. Not everyone agrees about what is offensive and unacceptable. Individual users are encouraged to try to resolve problems on their own before contacting the Policy & Abuse team.

Harassment is not allowed. Users engaging in this behavior may be warned, suspended, or permanently suspended as described in the general abuse procedure.

When judging whether a specific incident constitutes harassment, the team will consider factors such as whether the behavior was repeated, whether it was repeated after the offender was asked to stop, whether the behavior was targeted at a specific person, whether that target could have easily avoided encountering the behavior, whether the behavior would be considered unacceptable according to normal community standards, etc. Additionally, making complaints that are both (a) repeated and (b) baseless, particularly those targeting a specific user, can be considered harassing behavior and may be deemed a violation of the ToS.

While these complaints will be reviewed on a case by case basis, in general, threatening Content will be considered harassment, while Content that is merely annoying will be allowed. Please note that most statements like “X is a terrible actor and should die!” are not death threats. Writing a story where X dies as part of the plot is also not usually a death threat. Content that is harder to avoid (such as comments on the target’s works) will be judged more strictly than Content that is easily avoidable (such as stories).

The behavior of the original poster (the complaint subject) may also affect the team’s determination. If the original poster repeatedly contacts the subject of the Content about the Content after being told to stop, harasses the subject, or requests that others harass the subject, the Content may be considered part of a general pattern of harassment and be removed. Please use your best judgment both when producing Content of this type and when reporting it.

H. Illegal and Inappropriate Content

Archivos is a place for creativity. Content may not be uploaded to Archivos’s servers if it contains or links to child pornography (images of real children); warez, cracks, hacks or other executable files and their associated utilities; trade secrets, restricted technologies, or classified information; or if it consists entirely of actual instruction manuals, technical data or  recipes without additional Content included. Uploading such Content is a violation of the ToS.

We may determine that we need to remove Content to resolve a threatened or pending lawsuit or mitigate other liability. If so, we will remove the Content. Unless said Content or data otherwise violates the ToS or was submitted by an Age-Barred Individual, removal for such reasons will not lead to a suspension.

If you believe Content violates a specific law, you may report it to us. Please, however, read our Offensive Content Policy below.

I. Offensive Content Policy

As provided in part I.E.2 of the Terms of Service, Archivos is not liable to you for any Content to which you are exposed on or because of the Service.

Unless it violates some other policy, we will not remove Content for offensiveness, no matter how awful, repugnant, or badly spelled we may personally find that Content to be.

J. User Icons

User icons should be appropriate for general audiences. They should not contain depictions of genital nudity or explicit sexual activity. For more information, please refer to the ToS FAQ.

K. Striking Content and Deleting Data

  1. Definition of Striking

One of the goals of Archivos is to provide a permanent long-term home for creative content. We also understand that circumstances can arise in which creators wish to remove their stories from the internet or otherwise dissociate themselves from their work. Archivos gives creators the ability to “Strike” works (changing them from Public to Private settings) along with the option of deleting them from the Archive. User-controlled Striking

Users will have the ability to delete or Strike their Content themselves as long as they have a valid Archivos account, including the account password and/or access to the e-mail address connected with that Archivos account. Users will be able to reset their password and to change the e-mail address associated with their user account. However, a user who has lost a password and has no access to the e-mail associated with the account may be unable to access the account for any purpose, including Striking or deletion, unless the user can verify identity in some other way, as described below.

Caution: Striking may be difficult or impossible to reverse. If a user affirmatively Strikes Content, any connection between the user and the work will be removed. It therefore may be difficult or even impossible to restore the link between Stricken Content and a user.

  1. Content Deletion

Our policy is that creators should be able to Strike or delete Content, and they should also be protected against claims by non-creators. Deleting Content is a user’s way of withdrawing consent for Archivos to continue hosting said Content. We provide creators with several alternative methods of confirming the source, including using the e-mail address associated with the work; using information from a creator’s own site or journal; or using an e-mail address or other form of contact associated with a different copy of the work, including on the Internet Archive. We will also consult with the maintainer of any collection of which the work is a part and take any other actions that seem likely to help with verification.

If the source of the request is confirmed, we will comply with the request. When the link between the source of the request and the work’s creator cannot be confirmed and attempts to contact the work’s creator through any existing contact information receive no response, we will Strike the work.

  1. Deleting Your Account
    1. If you delete Content, such Content will be unrecoverable via the Service.
    2. Archivos reserves the sole right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright or trademark infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. While Archivos may eventually allow content that would be considered NC-17 or “for adults only”, such content is not now permitted on the site. Archivos may edit, hide, make private or remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. Please notify support@archivos.digital of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or other site-accessing information. If you access Archivos via a mobile device, we recommend that said device be password-protected to prevent unauthorized access of your Archivos account.

DMCA POLICY

Please be aware that Archivos believes fair use is a lawful use of copyright; therefore, complaints based merely on the existence of work based on copyrighted content or mentioning trademarks will not be pursued.

Epigraphs and short quotations, including quotations from song lyrics and poetry, are allowed. Content that is set within or draws on an existing work is allowed. Reproductions of entire copyrighted works—whether songs, poems, transcripts, or other material—are not allowed without the consent of the copyright owner.

If you believe that your content has been reproduced in whole or in part, without transformative use (transformative use is defined by Archivos as adding something new, with a further purpose or different character, altering the source with new expression, meaning, or message), please follow our procedures for reporting copyright infringement.

The report must be submitted via https://archivos.digital/contact/ and must clearly and specifically indicate the exact location (URL), nature, and extent of each instance of allegedly infringing content, as well as the exact copyrighted material that is being infringed, as well as full and complete contact information for the copyright holder and/or an authorized agent.

COPYRIGHT POLICY

As part of Archivos’s copyright policy, Archivos may terminate user access to the website some or all of the Archivos Services if a user has been determined by Archivos in its sole discretion to infringe on third-party content. Archivos believes in strong Fair Use, and will not deem a work to be infringing if it can reasonably be deemed Fair Use. However, Archivos recognizes that Fair Use laws in the United States can and do change, and Archivos thus reserves the right to remove and/or hide certain works at any time if Archivos believes that such work is unable to fall into the parameters of then-current Fair Use laws.

To file a copyright infringement notification with us, you will need to send a communication to us with all of the following information in it, using this format:

Include a statement telling us that you have found Content on Archivos which you believe infringes your copyright (for example, “I hereby confirm that I believe the story identified below infringes my copyright”).

  1. Tell us which country your copyright applies to.
  2. Tell us the title of the content concerned and the full URL for its page.
  3. Explain to us in what way that content infringes your copyright (e.g. the text is copied, the entire story is a copy of an original work made by you, etc.)
  4. Identify the type (e.g. a book, a short story, a poem, etc.). and details of (e.g. title, publisher, dates, etc.) the copyright work which you own the rights in, and which you believe has been infringed. If this information is available on the internet, it is helpful to send us a link.
  5. Let us have contact information so that we can get in touch with you (email address is preferred).
  6. Let us have the contact information which we can pass on to the submitter of the content concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
  7. Include the following statement: “I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. I swear that the information contained in this notification is accurate and that I am the copyright owner (or legal representative thereof) or otherwise have an the exclusive right in law to bring infringement proceedings with respect to its use.”
  8. Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.

Send the notice, in English, to the below address:

 

Subject: Archivos Copyright Infringement Notification

Email: report@archivos.digital

 

Our DMCA Agent is Dave Robison and our DCMA Registration Number is: DMCA-1013132

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content and any other party designated by Archivos.

Before submitting a report of infringement to Archivos, be sure you know whether the content that you have seen on Archivos infringes your copyright. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process and remember that most countries’ copyright law does not give one person ownership of an idea, but ownership of the specific words or image used to express that idea.