中等服务条款

Effective: September 1, 2020

Medium
Medium
Sep 1, 2020 · 12.min read

You can see our previous Termshere

Thanks for using Medium. Our mission is to deepen people’s understanding of the world and spread ideas that matter.

These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications and other online products and services (collectively, the “Services”) provided by A Medium Corporation (“Medium” or “we“)。By clicking your consent (e.g. “Continue,” “Sign-in,” or “Sign-up,”) or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in the Resolving Disputes; Binding Arbitration Section.

我们的Privacy Policyexplains how we collect and use your information while ourRulesoutline your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms and our Rules. Please see ourPrivacy Policy有关我们如何收集,使用,分享和以其他方式处理您的信息的信息。

如果你有任何问题或对这些条款Services, please contact us atlegal@medium.com

Your Account and Responsibilities

您对您的服务以及您提供的任何内容负责,包括遵守适用法律。服务的内容可能受到他人的知识产权的保护。除非您有权执行此操作,否则请不要复制,上传,下载或分享内容。

您使用的服务必须遵守我们的规则。

You may need to register for an account to access some or all of our Services. Help us keep your account protected. Safeguard your password to the account, and keep your account information current. We recommend that you do not share your password with others.

If you’re accepting these Terms and using the Services on behalf of someone else (such as another person or entity), you represent that you’re authorized to do so, and in that case the words “you” or “your” in these Terms include that other person or entity.

To use our Services, you must be at least 13 years old.

If you use the Services to access, collect, or use personal information about other Medium users (“Personal Information”), you agree to do so in compliance with applicable laws. You further agree not to sell any Personal Information, where the term “sell” has the meaning given to it under applicable laws.

For Personal Information you provide to us (e.g. as a Newsletter Editor), you represent and warrant that you have lawfully collected the Personal Information and that you or a third party has provided all required notices and collected all required consents before collecting the Personal Information. You further represent and warrant that Medium’s use of such Personal Information in accordance with the purposes for which you provided us the Personal Information will not violate, misappropriate or infringe any rights of another (including intellectual property rights or privacy rights) and will not cause us to violate any applicable laws.

User Content on the Services

Medium may review your conduct and content for compliance with these Terms and our Rules, and reserves the right to remove any violating content.

Medium reserves the right to delete or disable content alleged to be infringing the intellectual property rights of others, and to terminate accounts of repeat infringers. We respond to notices of alleged copyright infringement if they comply with the law; please report such notices using ourCopyright Policy

权利和所有权

You retain your rights to any content you submit, post or display on or through the Services.

Unless otherwise agreed in writing, by submitting, posting, or displaying content on or through the Services, you grant Medium a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your content and any name, username or likeness provided in connection with your content in all media formats and distribution methods now known or later developed on the Services.

媒体需要此许可证,因为您拥有内容和媒介,因此无法在未经您许可的情况下在其各种曲面(即移动器,网络)上显示。

This type of license also is needed to distribute your content across our Services. For example, you post a story on Medium. It is reproduced as versions on both our website and app, and distributed to multiple places within Medium, such as the homepage or reading lists. A modification might be that we show a snippet of your work (and not the full post) in a preview, with attribution to you. A derivative work might be a list of top authors or quotes on Medium that uses portions of your content, again with full attribution. This license applies to our Services only, and does not grant us any permissions outside of our Services.

So long as you comply with these Terms, Medium gives you a limited, personal, non-exclusive, and non-assignable license to access and use our Services.

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, other users’ content on the Services, or Medium trademarks, logos or other brand features.

除了您的服务上提交,邮寄或显示的内容,我们欢迎反馈,包括您对我们服务的任何意见,想法和建议。我们可以在唯一的自由裁量权酌情酌情使用此反馈,而不义务。我们可能会将反馈视为不可纳税。

我们可能会在唯一的自行决定内停止提供服务或任何功能。我们还保留了在使用和存储时创建限制的权利,并可以删除或限制服务的内容分发。

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with or without notice.

Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the US and other countries, where you may not have the same rights and protections as you do under local law.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Medium, and our officers, directors, agents, partners and employees (individually and collectively, the“中等政党”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or your violation of the law. You agree to promptly notify Medium Parties of any third-party Claims, cooperate with Medium Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Medium Parties will have control of the defense or settlement, at Medium’s sole option, of any third-party Claims.

免责声明 - 服务是“原样”

Medium aims to give you great Services but there are some things we can’t guarantee. Your use of our Services is at your sole risk. You understand that our Services and any content posted or shared by users on the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Medium doesn’t represent or warrant that our Services are accurate, complete, reliable, current or error-free. No advice or information obtained from Medium or through the Services will create any warranty or representation not expressly made in this paragraph. Medium may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services (collectively, “Third-Party Content“)。我们不控制或认可,我们没有任何第三方内容的陈述或保证。您可以根据自己的风险访问和使用第三方内容。某些位置不允许在本段中的免责声明,因此他们可能不适用于您。

Limitation of Liability

We don’t exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud or intentional misconduct of Medium or the other Medium Parties in providing the Services. In countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement.

In countries where exclusions or limitations of liability are allowed, Medium and Medium Parties won’t be liable for:

(一种)Any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data or profits, under any legal theory, even if Medium or the other Medium Parties have been advised of the possibility of such damages.

(b)Other than for the types of liability we can’t limit by law (as described in this section), we limit the total liability of Medium and the other Medium Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, to the greater of $50.00 USD or the amount paid by you to use our Services.

Resolving Disputes; Binding Arbitration

We want to address your concerns without needing a formal legal case. Before filing a claim against Medium, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at legal@medium.com or by certified mail addressed to A Medium Corporation, P.O. Box 602, San Francisco, CA 94104. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Medium and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

(一种)没有代表行动。您和中等同意与这些条款或服务相关或相关的任何争议是个人和中等的,并且任何争议都将仅通过个人行动来解决,并且不会被作为课程仲裁,课程行动或任何争议解决其他类型的代表程序。

(b)Arbitration of Disputes.除了小额索赔争议,您或中等旨在为您居住在县内的小型索赔法院中的个人行动,您驻留或争议您或中等寻求禁令或其他公平的侵权或挪用知识产权的挪用,you and Medium waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court。All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in San Francisco, California unless you’re a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this section a “consumer” means a person using the Services for personal, family or household purposes. You and Medium agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules“)。The most recent version of the JAMS Rules are available on theJAMS websiteand are incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

(c)您和中等同意这些术语会影响州际商务,本节的可执行性将被联邦仲裁法,9 U.S.C。§1,et seq。(这 ”FAA“),在适用法律允许的最大范围内。根据FAA的限制,这些条款和JAMS规则,仲裁员将拥有专有权力,以制定有关任何争议的所有程序和实质性决策,并授予否则在法庭上提供的任何补救措施,包括确定问题的权力可仲裁。仲裁员可以仅进行个别仲裁,并且可能不会巩固一个以上的个人索赔,主持任何类型的课程或代表程序或主持涉及多个人的任何程序。

(d)仲裁将允许发现或交换与争端相关的非特权信息。仲裁员,中等,以及您将维持任何仲裁程序,判决和奖励的机密性,包括收集的信息,为仲裁的目的或与其中的争端相关而提出。除非法律规定相反,否则仲裁员将有权制定适当的裁决以保护保障机密性。The duty of confidentiality doesn’t apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

(e)您和中等同意,对于您发起的任何仲裁,您将支付申请费(如果您是消费者,最高可达250美元),中等将支付剩余的果酱费和费用。对于培养基发起的任何仲裁,媒体将支付所有JAMS费用和费用。您和中等同意加利福尼亚州加州和美国坐在旧金山的国家或联邦法院对任何上诉和执行仲裁裁决具有独家管辖权。

(f)Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Medium will not have the right to assert the claim.

(g)你有权选择绑定arbitration within 30 days of the date you first accepted the terms of this section by sending an email of your request toyourfriends@medium.com。为了有效,退出通知必须包括您的全名和地址,并清楚地表明您的意图选择退出约束仲裁。通过选择仲裁仲裁,您同意根据“管理法律和地点”的下一部分来解决纠纷。

(h)如果此部分的任何部分因任何原因被发现不可执行或非法,则(1)将从这些条款中切断不可执行的或非法规定;(2)不可执行或非法规定的遣散费用对本部分的其余部分或缔约方根据本条以个人基准仲裁仲裁仲裁的能力,不当。(3)因此,任何索赔必须在课堂,集体,综合或代表性上进行,这些索赔必须在司法管辖区的民法院诉讼,而不是仲裁,而各方则同意诉讼索赔应在仲裁中任何个人索赔的结果等待。此外,如果发现本节的任何部分禁止个人索赔寻求公开禁令救济,则该规定将对允许仲裁的救济程度没有影响,并且本节的其余部分将可执行。

Governing Law and Venue

这些条款和您和中等之间的任何争议将由加州法律管辖,除了其法律冲突原则。在小额索赔法院的缔约方之间的缔约方之间的任何争议都将分别在加利福尼亚州旧金山的州或美国联邦和美国在州或联邦法院解决。

一些国家有法律,需要协议被消费者国家的当地法律管辖。本段不会覆盖这些法律。

Amendments

We may make changes to these Terms from time to time. If we make changes, we’ll provide you with notice of them by sending an email to the email address associated with your account, offering an in-product notification, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you don’t agree to the amended Terms, you must stop using our Services.

Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Miscellaneous

Medium’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms, and the terms and policies listed in the Other Terms and Policies that May Apply to You Section, reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

可能适用于您的其他条款和政策

-Medium Rules
-合作伙伴计划条款
-Membership Terms of Service
-Username Policy
-自定义域名服务条款

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