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Character conversion on TOS template (#33233)
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## Introduction
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## Introduction
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These terms of service (the "Terms") cover your access and use of Server
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These terms of service (the "Terms") cover your access and use of Server
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Operator’s ("Administrator", "we", or "us") instance, located at %{domain} (the
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Operator's ("Administrator", "we", or "us") instance, located at %{domain} (the
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"Instance"). These Terms apply solely to your use of the Instance as operated
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"Instance"). These Terms apply solely to your use of the Instance as operated
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by the Administrator. Please note that we have no affiliation with Mastodon
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by the Administrator. Please note that we have no affiliation with Mastodon
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gGmbH (“Mastodon”) and these Terms do not contain any representations or
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gGmbH (“Mastodon”) and these Terms do not contain any representations or
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@ -23,8 +23,8 @@ are old enough to access the Instance in your country, but are not old enough to
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have the legal authority to consent to our Terms, please ask your parent or
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have the legal authority to consent to our Terms, please ask your parent or
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legal guardian to read these Terms with you, as they must agree to the Terms on
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legal guardian to read these Terms with you, as they must agree to the Terms on
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your behalf. If you are a parent or legal guardian who has accepted these terms
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your behalf. If you are a parent or legal guardian who has accepted these terms
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on your child’s behalf, these terms apply to you and you are responsible for
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on your child's behalf, these terms apply to you and you are responsible for
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your child’s activities on the Instance.
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your child's activities on the Instance.
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## Prohibited Uses
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## Prohibited Uses
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@ -36,14 +36,14 @@ and local laws and regulations in connection with your use of the Instance. You
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also agree not to use the Instance to engage in any prohibited conduct, or to
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also agree not to use the Instance to engage in any prohibited conduct, or to
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assist any other person or entity in engaging in any prohibited conduct.
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assist any other person or entity in engaging in any prohibited conduct.
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We reserve the right (but do not have the obligation) in our sole discretion to:
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We reserve the right (but do not have the obligation) in our sole discretion to:
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(1) monitor the Instance for violations of these Terms; (2) take appropriate
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(1) monitor the Instance for violations of these Terms; (2) take appropriate
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legal action against anyone who uses or accesses the Instance in a manner that
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legal action against anyone who uses or accesses the Instance in a manner that
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we believe violates the law or these Terms, including without limitation,
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we believe violates the law or these Terms, including without limitation,
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reporting such user to law enforcement authorities; (3) deny access to the
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reporting such user to law enforcement authorities; (3) deny access to the
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Instance or any features of the Instance to anyone who violates these Terms or
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Instance or any features of the Instance to anyone who violates these Terms or
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who we believe interferes with the ability of others to enjoy our Instance or
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who we believe interferes with the ability of others to enjoy our Instance or
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infringes the rights of others; and (4) otherwise manage the Instance in a
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infringes the rights of others; and (4) otherwise manage the Instance in a
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manner designed to protect our rights and property and to facilitate the proper
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manner designed to protect our rights and property and to facilitate the proper
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functioning of the Instance.
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functioning of the Instance.
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@ -53,16 +53,16 @@ attempt to):
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- Violate these Terms or other policies and terms posted on, or otherwise
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- Violate these Terms or other policies and terms posted on, or otherwise
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- applicable to, the Instance; Upload any material, program, or software that
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- applicable to, the Instance; Upload any material, program, or software that
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- contains any virus, worm, spyware, Trojan horse or other program or code
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- contains any virus, worm, spyware, Trojan horse or other program or code
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- designed to interrupt, destroy or limit the functionality of the Instance,
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- designed to interrupt, destroy or limit the functionality of the Instance,
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- launch a denial of service attack, or in any other way attempt to interfere
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- launch a denial of service attack, or in any other way attempt to interfere
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- with the functioning and availability of the Instance; Except as may be the
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- with the functioning and availability of the Instance; Except as may be the
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- result of standard search engine or Internet browser usage, use, launch,
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- result of standard search engine or Internet browser usage, use, launch,
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- develop, or distribute any automated system, including without limitation, any
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- develop, or distribute any automated system, including without limitation, any
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- spider, robot, cheat utility, scraper, offline reader, or any data mining or
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- spider, robot, cheat utility, scraper, offline reader, or any data mining or
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- similar data gathering extraction tools to access the Instance, or use or
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- similar data gathering extraction tools to access the Instance, or use or
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- launch any unauthorized script or other software; Interfere with, disable,
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- launch any unauthorized script or other software; Interfere with, disable,
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- vandalize or disrupt the Instance or servers or networks connected to the
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- vandalize or disrupt the Instance or servers or networks connected to the
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- Instance; Hack into, penetrate, disable, or otherwise circumvent the security
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- Instance; Hack into, penetrate, disable, or otherwise circumvent the security
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- measures of the Instance or servers or networks connected to the Instance; or
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- measures of the Instance or servers or networks connected to the Instance; or
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- otherwise use the Instance in any way that violates any applicable national,
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- otherwise use the Instance in any way that violates any applicable national,
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@ -90,11 +90,11 @@ the Content on the Instance.
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## DMCA Copyright Infringement Notice
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## DMCA Copyright Infringement Notice
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We have implemented the procedures described in the Digital Millennium Copyright
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We have implemented the procedures described in the Digital Millennium Copyright
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Act of 1998 ("DMCA"), 17 U.S.C. § 512 , regarding the reporting of alleged
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Act of 1998 ("DMCA"), 17 U.S.C. § 512 , regarding the reporting of alleged
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copyright infringement and the removal of or disabling access to infringing
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copyright infringement and the removal of or disabling access to infringing
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material. If you have a good faith belief that copyrighted material on the
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material. If you have a good faith belief that copyrighted material on the
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Instance is being used in a way that infringes a copyright over which you are
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Instance is being used in a way that infringes a copyright over which you are
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authorized to act, you may make a Notice of Infringing Material. If you have a
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authorized to act, you may make a Notice of Infringing Material. If you have a
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good faith belief that copyrighted material that was removed or access to which
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good faith belief that copyrighted material that was removed or access to which
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was disabled was a result of a mistake or misidentification, then you may make a
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was disabled was a result of a mistake or misidentification, then you may make a
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Notice of Counter-Notification.
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Notice of Counter-Notification.
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@ -103,57 +103,57 @@ Before serving a Notice of Infringing Material or Counter-Notification, you may
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wish to contact a lawyer to better understand your rights and obligations under
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wish to contact a lawyer to better understand your rights and obligations under
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the DMCA and other applicable laws. For example, if your Notice or
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the DMCA and other applicable laws. For example, if your Notice or
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Counter-Notifications fails to comply with all requirements of sections
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Counter-Notifications fails to comply with all requirements of sections
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512(c)(3) or 512(g)(3), respectively, your Notice or Counter-Notification may
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512(c)(3) or 512(g)(3), respectively, your Notice or Counter-Notification may
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not be effective.
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not be effective.
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### Termination of Repeat Infringers
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### Termination of Repeat Infringers
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We will terminate or disable your use of the Instance in appropriate
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We will terminate or disable your use of the Instance in appropriate
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circumstances if you are deemed by us to be a repeat copyright infringer.
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circumstances if you are deemed by us to be a repeat copyright infringer.
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### Notices and Counter-Notifications must be sent to:
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### Notices and Counter-Notifications must be sent to:
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DMCA Agent: Copyright Manager
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DMCA Agent: Copyright Manager
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Address: %{dmca_address}
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Address: %{dmca_address}
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Email: %{dmca_email}
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Email: %{dmca_email}
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## Disclaimer
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## Disclaimer
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Administrator reserves the right in our sole discretion to modify or
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Administrator reserves the right in our sole discretion to modify or
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discontinue, temporarily or permanently, the Instance (or any part thereof) with
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discontinue, temporarily or permanently, the Instance (or any part thereof) with
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or without notice to you. You agree that Administrator will not be liable to
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or without notice to you. You agree that Administrator will not be liable to
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you or to any third party for any modification or discontinuance of the
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you or to any third party for any modification or discontinuance of the
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Instance, except as set forth in the "Limitation of Liability" section below.
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Instance, except as set forth in the "Limitation of Liability" section below.
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You understand that we are not responsible for any activities or legal
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You understand that we are not responsible for any activities or legal
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consequences of your use of the Instance. Users are responsible for using the
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consequences of your use of the Instance. Users are responsible for using the
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Instance in compliance with all applicable laws and regulations of the
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Instance in compliance with all applicable laws and regulations of the
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jurisdictions in which such users are domiciled, reside, or are located at the
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jurisdictions in which such users are domiciled, reside, or are located at the
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time of such access or use, as well as these Terms. Any violation of these
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time of such access or use, as well as these Terms. Any violation of these
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Terms may result in the suspension or termination by us, in our sole discretion,
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Terms may result in the suspension or termination by us, in our sole discretion,
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of your access to and use of the Instance.
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of your access to and use of the Instance.
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## Limitation of Liability
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## Limitation of Liability
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In no event will Administrator’s total liability to you for all damages, losses,
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In no event will Administrator's total liability to you for all damages, losses,
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or causes of action exceed one hundred dollars ($100). If you are dissatisfied
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or causes of action exceed one hundred dollars ($100). If you are dissatisfied
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with the Instance or with these Terms, your sole remedy is to discontinue your
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with the Instance or with these Terms, your sole remedy is to discontinue your
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use of the Instance.
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use of the Instance.
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## Links to and From Other Websites
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## Links to and From Other Websites
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You may gain access to other websites and Instances via links on the Instance.
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You may gain access to other websites and Instances via links on the Instance.
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These Terms apply to the Instance only and do not apply to Mastodon, other
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These Terms apply to the Instance only and do not apply to Mastodon, other
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Instances, or other parties' websites. Similarly, you may have come to the
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Instances, or other parties' websites. Similarly, you may have come to the
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Instance via a link from another website or Instance. The terms of use of other
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Instance via a link from another website or Instance. The terms of use of other
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websites and Instances do not apply to the Instance. Administrator assumes no
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websites and Instances do not apply to the Instance. Administrator assumes no
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responsibility for any terms of use or material outside of the Instance accessed
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responsibility for any terms of use or material outside of the Instance accessed
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via any link. You are free to establish a hypertext link to the Instance so
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via any link. You are free to establish a hypertext link to the Instance so
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long as the link does not state or imply any sponsorship of your website,
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long as the link does not state or imply any sponsorship of your website,
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instance or service by Administrator or the Instance. Unless expressly agreed
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instance or service by Administrator or the Instance. Unless expressly agreed
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to by us in writing, reference to any of our products, services, processes or
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to by us in writing, reference to any of our products, services, processes or
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other information, by trade name, trademark, logo, or otherwise by you or any
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other information, by trade name, trademark, logo, or otherwise by you or any
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third party does not constitute or imply endorsement, sponsorship or
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third party does not constitute or imply endorsement, sponsorship or
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recommendation thereof by us. You may not, without our prior written
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recommendation thereof by us. You may not, without our prior written
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@ -175,7 +175,7 @@ us, will be resolved exclusively through final and binding arbitration before a
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neutral arbitrator, rather than in a court by a judge or jury, in accordance
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neutral arbitrator, rather than in a court by a judge or jury, in accordance
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with the terms of this Arbitration Agreement, except that, where available, you
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with the terms of this Arbitration Agreement, except that, where available, you
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or we may (but are not required to) assert individual Claims in small claims
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or we may (but are not required to) assert individual Claims in small claims
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court if such Claims are within the scope of such court’s jurisdiction. Further,
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court if such Claims are within the scope of such court's jurisdiction. Further,
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this Arbitration Agreement does not preclude you from bringing issues to the
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this Arbitration Agreement does not preclude you from bringing issues to the
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attention of federal, state/provincial, or local agencies, and such agencies
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attention of federal, state/provincial, or local agencies, and such agencies
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can, if the law allows, seek relief against us on your behalf. You agree that,
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can, if the law allows, seek relief against us on your behalf. You agree that,
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@ -203,7 +203,7 @@ Instance has your contact information, the Instance will send its Notice to you
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using the last email address we have on file for you if you have provided us
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using the last email address we have on file for you if you have provided us
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with an email address (each, a “Notice Address”). The Notice must (i) describe
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with an email address (each, a “Notice Address”). The Notice must (i) describe
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the nature and basis of the Claim in sufficient detail to evaluate the merits of
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the nature and basis of the Claim in sufficient detail to evaluate the merits of
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the claiming party’s Claim and (ii) set forth the specific relief sought,
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the claiming party's Claim and (ii) set forth the specific relief sought,
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including the amount of money (if any) that is demanded and the means by which
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including the amount of money (if any) that is demanded and the means by which
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the demanding party calculated the claimed amount. Both parties agree that they
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the demanding party calculated the claimed amount. Both parties agree that they
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will attempt to resolve a Claim through informal negotiation within sixty (60)
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will attempt to resolve a Claim through informal negotiation within sixty (60)
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@ -242,33 +242,33 @@ pursue a Claim in a local small claims court rather than through arbitration so
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long as the matter remains in a small claims court and proceeds only on an
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long as the matter remains in a small claims court and proceeds only on an
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individual basis.
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individual basis.
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## Choice of Law
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## Choice of Law
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Any and all claims related to or arising out of your use of, or access to the
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Any and all claims related to or arising out of your use of, or access to the
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Instance shall be governed by internal substantive laws of New York in all
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Instance shall be governed by internal substantive laws of New York in all
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respects, without regard for the jurisdiction or forum in which you are
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respects, without regard for the jurisdiction or forum in which you are
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domiciled, reside, or located at the time of such access or use.
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domiciled, reside, or located at the time of such access or use.
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## Waiver and Severability
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## Waiver and Severability
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If you do not comply with a portion of these Terms and we do not take action
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If you do not comply with a portion of these Terms and we do not take action
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right away, this does not mean we are giving up any of our rights under these
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right away, this does not mean we are giving up any of our rights under these
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Terms. If any part of these Terms is determined to be invalid or unenforceable
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Terms. If any part of these Terms is determined to be invalid or unenforceable
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by a court of competent jurisdiction or arbitrator, the remainder of the Terms
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by a court of competent jurisdiction or arbitrator, the remainder of the Terms
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shall be enforced to the maximum extent permitted by law.
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shall be enforced to the maximum extent permitted by law.
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## Notices
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## Notices
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All notices to Administrator under these Terms, unless otherwise specified shall
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All notices to Administrator under these Terms, unless otherwise specified shall
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be sent to %{admin_email}. Service of any notice will be deemed given on the
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be sent to %{admin_email}. Service of any notice will be deemed given on the
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date of receipt delivered by email.
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date of receipt delivered by email.
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## Changes to these Terms
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## Changes to these Terms
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We may change or modify these Terms by posting a revised version on the
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We may change or modify these Terms by posting a revised version on the
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Instance, or by otherwise providing notice to you, and will state at the top of
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Instance, or by otherwise providing notice to you, and will state at the top of
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the revised Terms the date they were last revised. Changes will not apply
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the revised Terms the date they were last revised. Changes will not apply
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retroactively and will become effective no earlier than fourteen (14) calendar
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retroactively and will become effective no earlier than fourteen (14) calendar
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days after they are posted, except for changes addressing changes made for legal
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days after they are posted, except for changes addressing changes made for legal
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reasons, which will be effective immediately. Your continued use of the
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reasons, which will be effective immediately. Your continued use of the
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Instance after any change means you agree to the new Terms.
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Instance after any change means you agree to the new Terms.
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