[Ssc-dev] Fwd: [guardianproject/SecureSmartCam] 504741: added initial TERMS

Nathan of Guardian nathan at guardianproject.info
Fri Jun 10 20:33:49 EDT 2011


Here is the draft ToU text inline for review. Thanks to Derek for
drafting this!

****
TERMS OF USE

WHO WE ARE
We are The Guardian Project, an Open Source software project creating
easy to use mobile applications and developer tools that help users more
effectively protect their identity. We've developed ObscuraCam, an
application for your Android mobile device, and we also maintain a
website located at https://guardianproject.info. We will refer to the
application hereafter as “App” and the website as “Site.”

THE APP
The App is designed to enable simple and straightforward redacting and
anonymizing of mobile photos. To that end the App provides utilities for
the user to automatically scan for faces and redact regions using
methods such as solid color fill, pixelation and 'masking.' The tools we
use for facial recognition are open source utilities developed by third
parties and in no way do we claim that they will be 100% effective in
facial detection.

USAGE GUIDELINES
The App is designed to protect the identity of users and bystanders.
Please use it in accordance with this design. While we recognize that
your mobile device is your own and you may take whatever pictures you
see fit, we encourage you to use the App in socially responsible ways.

SOURCE CODE & LICENSING
The App source code is hosted publicly at
https://github.com/guardianproject/SecureSmartCam/ and is licensed under
the GNU General Public License v3 (GPLv3). The GPL is a copyleft license
for general use, meaning that derived works can only be distributed
under the same license terms. In other words, you're more than welcome
to use the project's code in your own projects, but they must be
similarly licensed. Please reference
https://github.com/guardianproject/SecureSmartCam/blob/master/LICENSE
for relevant

MINORS
THIS SERVICE IS NOT MEANT FOR MINORS. We are committed to protecting the
privacy needs of children and we encourage parents and guardians to take
an active role in their children’s online activities and interests. The
Service is not intended for and may not be used by children under the
age of 13. Minors over the age of 13 should seek permission from their
parents to use the App.

CONTENT OWNERSHIP
YOU OWN THE CONTENT YOU CREATE. Whatever pictures you create using our
App are yours to do with what you wish. Any pictures you take will also
be saved to your Device’s native Image folder and you can download those
images to your computer according to the software your Device uses.

YOU DON’T OWN ALL THE CONTENT YOU SEE. If you didn’t create the Content,
you don’t own it. This includes images you may have downloaded from the
Internet or by other means. That means you cannot use it without
permission from the original content owner, in accordance with their
wishes. If you did create the Content, and you want to give someone
permission to use it, that is your right.

And now for some boring legalese…

INDEMNIFICATION AND RELEASE
You will indemnify, defend and hold us and our investors, officers,
directors, affiliates, subsidiaries, licensors, partners, licensees,
consultants, contractors, agents, attorneys, advertisers and employees
(collectively, the “Indemnified Parties”) harmless from and against any
and all actual or threatened suits, actions, proceedings (at law or in
equity), claims (groundless or otherwise), damages, payments,
deficiencies, fines, judgments, settlements, liabilities, losses, costs
and expenses (including, but not limited to, reasonable attorney and
expert fees, costs, penalties, interest and disbursements) resulting
from any claim (including third party claims), suit, action, or
proceeding against a Indemnified Party, whether successful or not,
resulting from or arising in connection with: (i) your use of the Site,
the Mobile applications, the Materials and/or the Service; (ii) your
conduct; (iii) any breach by you of these Terms (including, but not
limited to, any breach of any of your representations or warranties);
and/or (iii) any Content you upload to, posted on, create on,
transmitted through or linked from the Site.

UPDATES TO TERMS OF USE
We reserve the right to change or modify any provisions of these Terms
and any policies or guidelines governing your use of the Service, at any
time in our sole discretion and without liability to you. Any such
changes or modifications will be effective immediately upon posting of
revisions on the Service. Your continued use of the Service following
the posting of such changes or modifications constitutes your acceptance
thereof. Therefore, you should frequently review these Terms and all
applicable policies or guidelines on the Site in order to understand the
terms and conditions applicable to your use of the Service. If you do
not agree to any changes or modifications to these Terms or to any
applicable policies or guidelines, your sole recourse is to stop using
the Service.

On 06/10/2011 03:51 PM, Derek Halliday wrote:
> Bryan & Witness Team -
> 
> In connection with the Obscura market release, we put together an
> initial Terms of Use that we felt was needed. It's by no means polished
> or water-tight, but it is intended to at point us in the right direction.
> 
> Can you please circulate with your legal team for input? We'll happily
> replace it with whatever your team deems fitting.
> 
> You can check it out here:
> https://github.com/guardianproject/SecureSmartCam/blob/obscurav1/TERMS
> 
> Thanks,
> Derek
> 
> -------- Original Message --------
> Subject: [Ssc-dev] [guardianproject/SecureSmartCam] 504741: added
> initial	TERMS
> Date: Fri, 10 Jun 2011 12:43:51 -0700
> From: noreply at github.com
> To: ssc-dev at lists.mayfirst.org
> 
> Branch: refs/heads/obscurav1
> Home:   https://github.com/guardianproject/SecureSmartCam
> 
> Commit: 50474126946bfb3e1cefe9037577912ed0a3f018
> 
> https://github.com/guardianproject/SecureSmartCam/commit/50474126946bfb3e1cefe9037577912ed0a3f018
> Author: Derek Halliday <halliday at gmail.com>
> Date:   2011-06-10 (Fri, 10 Jun 2011)
> 
> Changed paths:
>   A TERMS
> 
> Log Message:
> -----------
> added initial TERMS
> 
> 
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