Snowdrift.coop Terms of Use

Version 0.3 effective December 1, 2016

Introduction

We envision a Free, Libre, Open World where everyone has equal access to non-rival resources of all kinds; where everyone is empowered to realize and share their additions to our common cultural heritage; where everyone can freely participate in the ongoing development of science and technology; and where there is respect for liberty, privacy, and human dignity for all. — Our Vision Statement

Snowdrift.coop (“we” or “us”), is a nonprofit social welfare organization whose mission is to empower and engage people to create and develop public goods under a free license or assigned to the public domain, and to sustainably support Free/Libre/Open (FLO) projects and affiliated team members.

We welcome you (“you” or the “user”) to Snowdrift.coop, and we encourage you to actively engage with the Snowdrift.coop community. Before you participate, however, we ask that you please read and agree to the following Terms of Use (“Terms of Use”).

If you are under 13 years old, you may not register an account because we must follow the rules set by the Children's Online Privacy Protection Act. Have a parent or guardian contact us and we can determine whether there are ways to still allow you to participate.

Overview

These Terms of Use tell you about our public services at Snowdrift.coop, our relationship to you as a user, and the rights and responsibilities that guide us both.

Snowdrift.coop does not hold funds but only instructs third-party payment processors on how to charge and distribute funds between patrons and projects. Once you register a payment source with a processor and make a pledge, you authorize us to have the processor charge funds for the monthly donations to projects, unless and until you withdraw your pledge. You may withdraw pledges or cancel your account at any time

Generally we do not monitor content on project sites or individual user behavior (with the rare exception of violation of policies like these Terms of Use, our community Code of Conduct, or legal compliance such as for DMCA notices). This means that standards of behavior are primarily in the hands of you and the rest of our user community. Your participation is welcome but you should follow the policies that govern each of the independent projects with which you interact. Because we are dedicated to making content freely accessible, we generally require that all content you contribute is available under a FLO license and that license terms are clearly marked.

Please be aware that you are legally responsible for all of your actions in connection with Snowdrift.coop projects under the laws of the United States of America and any other applicable laws (which may include the laws where you live or use our service). In light of this responsibility, we have some behavioral standards including rules on what you cannot post, most of which protect either you or other users.

We also include other important notices and disclaimers, so please read these Terms of Use in their entirety.


Contents

  1. Our services
  2. Privacy Policy
  3. Financial transactions
  4. Refraining from certain activities
  5. Licensing of content
  6. DMCA compliance
  7. Management of websites
  8. Disputes and jurisdiction
  9. Disclaimers
  10. Limitation on liability
  11. Modifications to these Terms of Use
  12. Other terms
  13. Thank you!

1. Our services

Snowdrift.coop is dedicated to encouraging the growth, development, and distribution of FLO works, and to helping FLO projects maintain a sustainable economy for their work. Our role is to help the public support these projects by providing a system for recurring financial transactions to pool funds for long-term development. However, we act only as a support service, maintaining the infrastructure and organizational framework that allows our users to build projects by contributing funds and labor. Because of our unique role, there are a couple of things you should be aware of concerning our relationship to you, the projects, and the other users:

3. Financial transactions

Any implemented processor from our list of supported services can be used to deposit funds to your Snowdrift.coop account. Donations to projects at Snowdrift.coop are non-refundable.

Once you make a pledge, you authorize us to apply a monthly charge up to your set budget limit based on your pledges to various projects.

4. Refraining from certain activities

The projects hosted by Snowdrift.coop exist because of the support of our vibrant community of users like you. We welcome your participation in this community and encourage you to be civil and polite in your interactions with others, to act in good faith, and to make contributions aimed at furthering our shared mission. For the most detailed, plain English explanations of what constitutes violating behavior, please refer to our Code of Conduct and user Honor Policy.

The Snowdrift.coop Board of Directors releases official policy resolutions from time to time. Some of these policies may be mandatory for a particular project, and, when they are, you agree to abide by them as applicable.

Certain activities, whether legal or illegal, may be harmful to other users and violate our rules, and some activities may also subject you to liability. Therefore, for your own protection and for that of other users, you may not engage in such activities on our sites. These activities include:

Harassing and abusing others

Violating the privacy of others

Engaging in false statements, impersonation, or fraud

Committing infringement

Misusing our services for other illegal purposes

Engaging in disruptive and illegal misuse of facilities

We reserve the right to exercise our enforcement discretion with respect to the above terms.

5. Licensing of content

As per our mission to grow the commons of free knowledge and free culture, all users contributing to projects are required to grant general permissions to re-distribute and re-use their contributions freely, so long as that use is properly attributed and the same freedom to re-use and re-distribute is granted to any derivative works.

You agree to the following licensing requirements:

  1. Content:
    • When you submit to Snowdrift.coop any text to which you hold the copyright, you agree to license it under the Creative Commons Attribution-ShareAlike 4.0 International License (“CC BY-SA”) unless you specify in writing that you prefer to license with the Creative Commons Attribution 4.0 International License (“CC BY”) or to waive your copyright via the CC0 Universal Public Domain Dedication.
    • You may import content that you have found elsewhere or that you have co-authored with others, but you must warrant that such content is available under terms that are compatible with the CC BY-SA 4.0 license, and you must follow the terms (such as indicating attribution) per the license of the content.
    • Non-text media within the projects listed at Snowdrift.coop are available under a variety of different Snowdrift.coop-approved licenses. When you contribute non-text media to a project, you agree to comply with our requirements for such licenses, as well as with any requirements of the specific project.
    • Please note that these licenses allow commercial uses of your contributions, as long as such uses are compliant with the other terms.
  2. Trademarks: All Snowdrift.coop trademarks belong to Snowdrift.coop, and any use of our trade names, trademarks, service marks, logos, or domain names must be in compliance with these Terms of Use and in compliance with our Trademark Policy.

6. DMCA compliance

Snowdrift.coop wants to ensure that the content that we support can be re-used by others without fear of liability or infringement. In order to provide that assurance, our policy is to respond to notices compliant with the Digital Millennium Copyright Act (DMCA). Pursuant to the DMCA, we will terminate, in appropriate circumstances, users of our system and network who are repeat infringers.

However, we also recognize that not every takedown notice is valid or in good faith. We strongly encourage users to have a defense plan prepared if their content involves material used under a copyright exemption (Teaching Copyright can help you determine if an exemption applies), and to file counter-notifications when they appropriately believe a DMCA notice is invalid or improper. For more information on what to do if you believe a DMCA notice to be improper, you may consult the Chilling Effects website.

If you are the owner of content that is being used on one of the projects without your permission, you may request that the content be removed under the DMCA. To make such a request, please contact us through the site or snail mail our designated agent.

Alternatively, any user with copyright concerns about specific content may make an investigation request to our community, which often handles copyright issues faster and more effectively than prescribed under the DMCA. We also have more information available on how the community handles violations.

7. Management of websites

The community has the primary role in creating and enforcing policies and Snowdrift.coop rarely intervenes in project-internal decisions. In an unusual case, the need may arise or the community may ask us to address a user who has engaged in significant project disturbance or dangerous behavior. In such cases, we reserve the right, but do not have the obligation, to:

If a user has had their account or access blocked under this provision, they are prohibited from creating or using another Snowdrift.coop account or otherwise seeking access to that project, unless we provide explicit permission. Snowdrift.coop will not ban a user from donating or contributing or block a user's account or access solely because of good faith criticism that does not result in actions otherwise violating these Terms of Use or community policies.

The Snowdrift.coop community and its members may also take action when so allowed by Honor Code or Bylaws policies applicable to the specific project, including but not limited to warning, investigating, blocking, or banning users who violate those policies. You agree to comply with the final decisions of dispute resolution bodies that are established by the community for the specific project (such as arbitration committees); these decisions may include sanctions as set out by the policy of the specific project.

If your account or access is blocked or otherwise terminated, your public contributions will remain publicly available (subject to applicable policies), and, unless we notify you otherwise, you may still access our public pages for the sole purpose of using public materials. In such circumstances, however, you may not be able to access your account or settings.

We reserve the right to suspend or end services at any time, with or without cause, and with or without notice. Even after your use and participation are banned, blocked or otherwise suspended, these Terms of Use will remain in effect with respect to relevant provisions.

8. Disputes and jurisdiction

Highlighted for emphasis

In the event there is a dispute, we encourage you to seek resolution through the dispute resolution procedures or mechanisms provided by the projects and Snowdrift.coop. If you seek to file a legal claim against us, you agree to file and resolve it exclusively in a state or federal court located in Washtenaw County, Michigan. You also agree that the laws of the State of Michigan and, to the extent applicable, the laws of the United States of America will govern these Terms of Use, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles). You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Washtenaw County, Michigan, in any legal action or proceeding relating to us or these Terms of Use.

Any material downloaded or otherwise obtained through your use of our services is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

Some states or jurisdictions do not allow the types of disclaimers in this section, so they may not apply to you either in part or in full depending on the law.

10. Limitation on liability

Highlighted for emphasis

Snowdrift.coop will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage. In no event shall our liability exceed one thousand U.S. dollars (USD 1000.00) in aggregate. In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you, although our liability will be limited to the fullest extent permitted by applicable law.

11. Modifications to these Terms of Use

Just as the Snowdrift.coop community's input is essential for the growth and maintenance of the projects, we believe that community input is essential for these Terms of Use to properly serve our users. It is also essential for a fair contract.

Therefore, while we are in the process of incorporation and beta testing, we welcome input from users on these interim Terms of Use. However, the Terms will be subject to change without advance notice. We will provide ex post facto notice to users via the homepage of the site or via email whenever our interim Terms of Use (marked with a 0.x version number) change.

Once we reach stable operating status, our permanent Terms of Use (marked with a 1.x or higher version number), as well as any substantial future revisions of such permanent Terms of Use, will be submitted to the community for comment at least thirty (30) days before implementation. For changes for legal or administrative reasons, to correct an inaccurate statement, or changes in response to community comments, we will provide at least three (3) days' notice. We will provide notice of such modifications and the opportunity to comment via our homepage and via email update. However, we ask that you please periodically review the current version of these Terms of Use.

Your continued use of our services after the new Terms of Use become official following the notice and review period constitutes an acceptance of these Terms of Use on your part. For the protection of Snowdrift.coop and other users like yourself, if you do not agree with our Terms of Use, you cannot use our services.

12. Other terms

These Terms of Use do not create an employment, agency, partnership, or joint venture relationship between you and us, Snowdrift.coop. You understand that, unless otherwise agreed to in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to us, the community, or a project. In the case of any conflict between these Terms of Use and any separate signed written agreements between you and us, the signed agreements will control. These Terms of Use and additional written terms supersede any unwritten agreements.

You agree that we may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on our website.

If in any circumstance, we do not apply or enforce any provision of these Terms of Use, it is not a waiver of that provision.

These Terms of Use were written in English (U.S.). In the event of any differences in meaning between the original English version and a translation, the original English version takes precedence.

If any provision or part of a provision of these Terms of Use is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and will be enforced to the maximum extent permissible, and all other provisions of these Terms of Use will remain in full force and effect.

13. Thank you!

We appreciate your taking the time to read these Terms of Use, and we are very happy to have you using our services. Through your support, you are helping to build something really big – not only allowing FLO projects to flourish, but also strengthening a vibrant community of like-minded and engaged peers, focused on a noble goal.


These Terms of Use were adapted from the Wikimedia Terms of Use which are made available by the Wikimedia Foundation, Inc. under the terms of the Creative Commons Attribution/Share-Alike license (CC-BY-SA) v3.0. The Snowdrift.coop Terms of Use are made available by us in their entirety under v4.0 of the same CC-BY-SA license.