Terms of Service

The gist:

We (the folks at Just Comments) run a comments hosting platform called Just Comments and would love for you to use it. Just Comments's is a paid service. Our service is designed to give you as much control and ownership over the comments as possible and encourage you to express yourself freely. However, be responsible in what you and your visitors publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your website. If you find a Just Comments website that you believe violates these Terms of Service, please contact us.

Terms of Service:

The following terms and conditions ("Terms") govern all use of the Just Comments 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, Just Comments's Privacy Policy) and procedures that may be published from time to time by Just Comments (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 Just Comments, 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 Just Comments 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 account. You are responsible for keeping your password secure.

1. Just Comments.

  • Your Just Comments Account and Website. If you create an account on Just Comments, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the websites where you embed Just Comments' Widget. You must immediately notify Just Comments of any unauthorized uses of your account, or any other breaches of security. Just Comments 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 website, comment on a website, post material to Just Comments, post links on Just Comments, 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 Just Comments, you represent and warrant that your Content and conduct do not violate these Terms. By submitting Content to Just Comments for inclusion on your website, you grant Just Comments 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 website. If you delete Content, Just Comments will use reasonable efforts to remove it from Just Comments, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Just Comments has the right (though not the obligation) to, in Just Comments’s sole discretion refuse or remove any content that, in Just Comments’s reasonable opinion, violates any Just Comments policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Just Comments to any individual or entity for any reason. Just Comments will have no obligation to provide a refund of any amounts previously paid.
  • HTTPS. Any content at Just Comments can only be accessed via HTTPS.
  • EMAIL. Email notifications about new comments are essential feature of Just Comments. Using email notifications you can monitor and moderate activity on your website. By using Just Comments you agree to receive such email notifications about new comments. Additionally, we reserve the right to occasionally contact our users to notify about important changes in the service. To disable email notifications contact us.
  • Attribution. Just Comments reserves the right to display attribution text or links in your site footer or toolbar, attributing Just Comments, for example. The toolbar may not be altered or removed.
  • Payment and Renewal.
    • General Terms. Just Comments is a pre-paid service. Just Comments' credits must be purchased at https://just-comments.com in advance in order for Just Comments to conduct the service.
    • Automatic Renewal. There is no automatic renewal. As soon as you consume all your credits we will suspend the service for your account. We will do our best to notify your about the shortage of credits but you are responsible to purchase additional credits in advance for continuation of the service.

2. Responsibility of Visitors.

Just Comments 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, Just Comments 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. Just Comments 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 Just Comments links, and that link to Just Comments. Just Comments does not have any control over those non-Just Comments websites, and is not responsible for their contents or their use. By linking to a non-Just Comments website, Just Comments 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. Just Comments disclaims any responsibility for any harm resulting from your use of non-Just Comments websites and webpages.

As Just Comments asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Just Comments violates your copyright, you are encouraged to notify Just Comments. Just Comments will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Just Comments 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 Just Comments or others. In the case of such termination, Just Comments will have no obligation to provide a refund of any amounts previously paid to Just Comments.

5. Intellectual Property.

This Agreement does not transfer from Just Comments to you any Just Comments or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Just Comments. Just Comments, Just Comments, the Just Comments logo, and all other trademarks, service marks, graphics and logos used in connection with Just Comments or our Services, are trademarks or registered trademarks of Just Comments or Just Comments'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 Just Comments or third-party trademarks.

6. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

7. Termination.

Just Comments 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 Just Comments 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.

8. Disclaimer of Warranties.

Our Services are provided "as is." Just Comments 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 Just Comments 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.

9. Jurisdiction and Applicable Law.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Baden-Württemberg, Germany

10. Limitation of Liability.

In no event will Just Comments, 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 Just Comments under this Agreement during the 3 (3) month period prior to the cause of action. Just Comments 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.

11. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the Just Comments 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.

12. Indemnification.

You agree to indemnify and hold harmless Just Comments, 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.

13. Miscellaneous.

This Agreement constitutes the entire agreement between Just Comments and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Just Comments, or by the posting by Just Comments 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; Just Comments 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.

Attribution:

Parts of this Terms of Service document are adapted from Just Comments’s Open Source legal documents, licensed under Creative Commons Attribution-ShareAlike 4.0 International license. The complete Terms of Service of Just Comments are therefore licensed under the same Creative Commons Attribution-ShareAlike 4.0 International license.

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