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Terms of Service

Last Updated: September 13th, 2024

The text of these Terms of Service was adapted from that found on BlueSky. BlueSky and its affiliated corporate entities are in no way related to Embed Bsky and are not responsible for the following terms.

Welcome to Embed Bsky, a social networking application that allows you to embed your BlueSky timeline on your website or blog. These Terms of Service apply to this website only, and not to BlueSky or any other At Protocol application, with whom we are not affiliated.

Your use of Embed Bsky (the ”site“) is subject to these Terms of Service (”Terms“), as well as the Embed Bsky Privacy Policy, which are referenced in our Terms and available to read separately.

When we say ”Embed Bsky,“ ”we,“ ”us,“ and ”our“ in these Terms, we mean the developer(s) behind Embed Bsky. Specifically, Christopher Buecheler of Saint-Cloud, France.

Important Note: These Terms contain an agreement to resolve most disputes between us through arbitration (instead of suing in court) and to waive jury trials and class actions. Please read Sections 14 and 15 carefully.

In some cases below, we've added some summary text in italics to make these Terms easier to navigate, but please remember that the full text of these Terms is the most important.

Table of Contents

  1. Who can use Embed Bsky?
  2. User Content
  3. Termination
  4. Appeals
  5. Open Source
  6. DMCA/Copyright Policy
  7. Links to Third Party Websites or Resources
  8. Updates
  9. Warranty Disclaimers
  10. Indemnity
  11. Limitations of Liability
  12. Governing Law, Forum Choice and Class Action Waiver
  13. Dispute Resolution
  14. General Terms
  15. Contact Information

  1. Who Can Use Embed Bsky?.
    1. Eligibility. To use Embed Bsky, you must be at least 13 years old and legally permitted to use Embed Bsky based on the laws in your country. If you are not yet an adult according to the laws of your country, your parent or legal guardian must read these Terms on your behalf. If you're a parent or legal guardian, and you allow your child (who meets the minimum age for your country) to use the services, then these terms also apply to you, and you're responsible for your child's activity on the services.
    2. Accounts. Users do not create or store accounts on this service. In order to use this service, you must create an account on BlueSky. That account will be governed by the BlueSky Terms of Service and Privacy Policy. This service exists exclusively to digest content from BlueSky.
  2. User Content.
    1. User Content. Users do not create or store content on this service. In order to use this service, you must create content on BlueSky. That content will be governed by the BlueSky Terms of Service and Privacy Policy. This service exists exclusively to digest content from BlueSky.
    2. Deletion of User Content: If you delete your BlueSky account we will use reasonable efforts to remove timeline data from Embed Bsky, subject to any requirements under applicable law and the Embed Bsky Privacy Policy.
  3. Termination.
    1. Your Right to Termination: We do not retain any account information. If you want to delete your stored timeline, please contact us (or delete your BlueSky account).
    2. Our Right to Termination: We reserve the right to remove your timeline data from our service for any reason, without notice or explanation.
  4. Appeals. You can appeal any enforcement decision from these Terms, including deletion of content, by contacting us.
  5. Open Source. Some of Embed Bsky's software is subject to the GNU GENERAL PUBLIC LICENSE open source licensee. Those portions of the software may be used in accordance with those open source licenses, which may be found in each open source repository.
  6. Links to Third Party Websites or Resources. Embed Bsky syndicates timline data from BlueSky that allows you to access third-party websites or other resources, including Developer Applications on the AT Protocol. The use of any third-party services is at your own risk, and Embed Bsky isn't responsible for any third-party services or content available through them.
  7. Updates. We update our terms from time to time, and will post about these changes to Christopher Buecheler's BlueSky timeline. If you keep using Embed Bsky, you agree to the updated Terms. If you don't agree, you must stop using Embed Bsky.
  8. Warranty Disclaimers.

    9. Summary: We work hard to offer great services, but there are certain aspects that we can't guarantee.

    Our Services and all included content are provided on an ”as is“ basis without warranty of any kind, whether express or implied. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT EMBED BSKY WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

    Embed Bsky takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Services. You understand and agree that you may be exposed to User Content that is inaccurate, unreliable, untrue, untimely, incomplete, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

    THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. Embed Bsky does not disclaim any warranty or other right that we are prohibited from disclaiming under applicable law.
  9. Indemnity.

    10. Summary: If someone brings a legal claim against us based on your actions on Embed Bsky, you are responsible for our defense in, and the consequences of, that claim.

    You will indemnify, defend, and hold harmless Embed Bsky and its affiliates, and their respective officers, directors, employees, and agents (”Embed Bsky Parties“), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of Embed Bsky, (b) your User Content, or (c) your violation of these Terms. Embed Bsky may assume the exclusive control and defense of any matter for which you have a duty to indemnify Embed Bsky and, if we do, you agree to cooperate with our defense of those claims.
  10. Limitation of Liability.

    11. Summary: This section limits what you can recover from us in a dispute to any direct damages that you suffer up to $100. This doesn't apply where it would be illegal to do so.

    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE EMBED BSKY PARTIES WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE EMBED BSKY OR FOR ANY ERROR OR DEFECT IN EMBED BSKY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EMBED BSKY OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT EMBED BSKY SHALL NOT BE RESPONSIBLE OR LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR ANY THIRD PARTY'S CONTENT (INCLUDING ANY USER CONTENT), WHETHER OR NOT SUCH CONTENT IS ACCESSED THROUGH EMBED BSKY, AND THAT ANY RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
    2. b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF THE EMBED BSKY PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE EMBED BSKY EXCEED ONE HUNDRED DOLLARS ($100).
    3. c. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EMBED BSKY AND YOU.
  11. Governing Law, Forum Choice and Class Action Waiver.

    12. Summary: All disputes you have with us will be resolved by binding arbitration where permitted. If we need to go to court, it will be in Delaware under Delaware law. You agree not to participate in a class-action lawsuit or class-wide arbitration against us.

    1. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to conflict of laws provisions. Except as otherwise expressly set forth in Section 15 ”Dispute Resolution,“ the exclusive jurisdiction for all Disputes (defined below) that you and Embed Bsky are not required to arbitrate will be the state and federal courts located in Delaware, and you and Embed Bsky each waive any objection to jurisdiction and venue in such courts.
    2. Class Action Waiver. YOU AND EMBED BSKY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of Section 15 ”Dispute Resolution“ shall be null and void.
  12. Dispute Resolution.

    13. Summary: If there is a dispute between us, with limited exceptions, we'll resolve it through arbitration. Note that this section does not apply to users who live in the E.U. or any place where arbitration is not permitted.

    1. Informal Resolution. Most disputes can be resolved informally, so if you have an issue with the services, you agree to reach out to us before initiating a lawsuit or arbitration. You can do this by sending us a written description of the dispute, including your name, an email or a phone number for us to contact you, the nature of the complaint, and how you would like to resolve it, as a Direct Message to Christopher Buecheler on BlueSky. If the dispute is not resolved within sixty (60) days after we receive your written notice, we agree to proceed with further dispute resolution as outlined below. Attempting an informal resolution process is required before starting any formal dispute resolution. During this process, any applicable statutes of limitations and deadlines for arbitration filing fees or other requirements will be put on hold.
    2. Mandatory Arbitration of Disputes. After the parties have engaged in a good-faith, but unsuccessful, effort to resolve the dispute in accordance with the ”informal resolution“ process (above), you and Embed Bsky agree to resolve any dispute, disagreement, or claim relating to these terms or our services through final and binding individual arbitration. Arbitration will not be in a class, representative or consolidated action or proceeding. You and Embed Bsky agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Embed Bsky are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
    3. Exceptions. As limited exceptions to Section 15(b) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
    4. Conducting Arbitration and Arbitration Rules.

      Summary: The American Arbitration Association's Consumer Arbitration Rules will apply. You may be able to choose the types of evidence you and we can submit depending on the size of your claim. Arbitration will be near where you live unless we agree otherwise.

      The arbitration will be conducted by the American Arbitration Association (”AAA“) under its Consumer Arbitration Rules (the ”AAA Rules“) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If you want to start arbitration, you must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
      Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. Both parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
    5. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If we prevail in arbitration we'll pay all of our attorneys' fees and costs and won't seek to recover them from you, unless the arbitrator determines your claims were frivolous. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.
    6. Injunctive and Declaratory Relief. Except as provided in Section 15(c) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
    7. Severability.

      Summary: If a court decides a part of these Terms is unenforceable, the rest of these Terms still apply.

      With the exception of Section 14(b) ”Class Action Waiver,“ if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
  13. General Terms.

    14. Summary: The following standard legal provisions are included to permit the Terms to function as expected. For example, they provide that these Terms cover the entire agreement about Embed Bsky Social and that you may not transfer your Account to anyone else.

    1. Entire Agreement. These Terms (including the Embed Bsky Privacy Policy) cover the entire agreement between Embed Bsky and you about Embed Bsky. These Terms replace all prior agreements or understandings between Embed Bsky and you about Embed Bsky. If an arbitrator or court determines that any part of these Terms is invalid or unenforceable, we'll enforce that part to the extent permissible and the other parts of these Terms will still be effective.
    2. Notices. Embed Bsky will provide any notices by posting them in the App or on the Site or by sending other communications. You and Embed Bsky agree to communicate electronically.
    3. Waiver. If Embed Bsky doesn't enforce every right or provision in these Terms, we still have the right to enforce these rights and provisions in the future. Waivers must be written and signed by an authorized Embed Bsky representative to be effective. Exercising a right doesn't impact other rights, unless specified otherwise in these Terms.
    4. Construction. Both you and Embed Bsky will be treated equally when it comes to interpreting these Terms. For purposes of these Terms, the words ”include,“ ”includes,“ and ”including“ are meant to be followed by the words ”without limitation.“
  14. Contact Information. If you have any questions about these Terms or Embed Bsky, please contact Embed Bsky by sending a Direct Message to Christopher Buecheler via BlueSky Social.

© 2024 Christopher Buecheler

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