Terms of Service (up to 20-Jan-2020)
Commento refers to the service offered by Commento, Inc. (the "Company" or "We") through the commento.io website (the "Service"). We sometimes refer to "You". "You" may be a visitor on one of our websites, a user of one or more of our Services ("User" or "Customer"), or a visitor of a User's website embedding Commento ("Visitor").
The following terms and conditions (“Terms”) govern all use of the Commento.io website and all content, services, and products available at or through the website. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Commento’s Privacy Policy) and procedures that may be published from time to time by Commento (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.
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 of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Commento, 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 requires a Commento.io 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.
1. Commento.io
- Your Commento.io Account and Website. If you create a blog or website on Commento.io, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify Commento of any unauthorized uses of your blog, your account, or any other breaches of security. Commento will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to Commento.io, post links on Commento.io, 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 Commento.io, you represent and warrant that your Content and conduct do not violate these Terms. By submitting Content to Commento for inclusion on your website, you grant Commento 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 blog. This license allows Commento to make publicly-posted content available to third parties selected by Commento so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other Commento.io users permission to share your Content on other Commento.io websites and add their own Content to it (aka to reblog your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your website. If you delete Content, Commento will use reasonable efforts to remove it from Commento.io, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Commento has the right (though not the obligation) to, in Commento’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in Commento’s reasonable opinion, violates any Commento policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Commento.io to any individual or entity for any reason. Commento will have no obligation to provide a refund of any amounts previously paid.
- HTTPS. We offer our service through HTTPS for all Customers by default.
- Attribution. Commento reserves the right to display attribution text or links in your site footer or toolbar, attributing Commento.io or the theme author, for example. Attribution text or links may only be hidden if you are subscribed to the Pro Plan
- Payment and Renewal.
- General Terms. By selecting an Upgrade you agree to pay Commento 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.
- Automatic Renewal. Unless you notify Commento 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.
2. Responsibility of Visitors.
Commento 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, Commento 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. Commento 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.
3. 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 Commento.io links, and that link to Commento.io. Commento does not have any control over those non-Commento.io websites, and is not responsible for their contents or their use. By linking to a non-Commento.io website, Commento 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. Commento disclaims any responsibility for any harm resulting from your use of non-Commento.io websites and webpages.
4. Copyright Infringement and DMCA Policy.
As Commento asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on the section of a website embedding Commento violates your copyright, you are encouraged to notify Commento in accordance with the Digital Millennium Copyright Act (“DMCA”). Commento will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Commento 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 Commento or others. In the case of such termination, Commento will have no obligation to provide a refund of any amounts previously paid to Commento.
5. Intellectual Property.
This Agreement does not transfer from Commento to you any Commento or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Commento. Commento, Commento.io, the Commento.io logo, and all other trademarks, service marks, graphics and logos used in connection with Commento.io or our Services, are trademarks or registered trademarks of Commento or Commento’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 Commento or third-party trademarks.
6. Termination.
Commento 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 Commento.io 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.
7. Disclaimer of Warranties.
Our Services are provided “as is.” Commento 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 Commento nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
8. Limitation of Liability.
In no event will Commento, 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 Commento under this Agreement during the twelve (12) month period prior to the cause of action. Commento 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.
9. General Representation and Warranty.
You represent and warrant that (i) your use of our Services will be in strict accordance with the Commento Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
10. Indemnification.
You agree to indemnify and hold harmless Commento, 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.
11. Translation.
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.
12. Miscellaneous.
This Agreement constitutes the entire agreement between Commento and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Commento, or by the posting by Commento 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; Commento 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.
Contact Us
If you have any questions about the Terms and Conditions of Service, please contact us at
terms@commento.io.
Because email communications are not always secure, please do not include credit card or other sensitive data (such as racial or ethnic origin, political opinions, religion, health, or the like) in your emails to us.
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