WIKI FOSSCELL NITC:Terms of Service: Difference between revisions
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You agree that, if you import text under a CC license that requires attribution, you must credit the author(s) in a reasonable fashion. Where such credit is commonly given through page histories, it is sufficient to give attribution in the edit summary, which is recorded in the page history, when importing the text. The attribution requirements are sometimes too intrusive for particular circumstances (regardless of the license), and there may be instances where the NITC Wiki community decides that imported text cannot be used for that reason.</li> | You agree that, if you import text under a CC license that requires attribution, you must credit the author(s) in a reasonable fashion. Where such credit is commonly given through page histories, it is sufficient to give attribution in the edit summary, which is recorded in the page history, when importing the text. The attribution requirements are sometimes too intrusive for particular circumstances (regardless of the license), and there may be instances where the NITC Wiki community decides that imported text cannot be used for that reason.</li> | ||
<li><span id="7d"></span> '''Non-text media:''' Non-text media on the Projects are available under a variety of different licenses that support the general goal of allowing unrestricted reuse and redistribution. When you contribute non-text media, you agree to comply with the requirements for such licenses | <li><span id="7d"></span> '''Non-text media:''' Non-text media on the Projects are available under a variety of different licenses that support the general goal of allowing unrestricted reuse and redistribution. When you contribute non-text media, you agree to comply with the requirements for such licenses, and also comply with the requirements of the specific Project edition or feature to which you are contributing. Also see the Wikimedia Commons Licensing Policy for more information on contributing non-text media to Wikimedia Commons.</li> | ||
<li | <li> '''No revocation of license:''' Except as consistent with your license, you agree that you will not unilaterally revoke or seek invalidation of any license that you have granted under these Terms of Service for text content or non-text media contributed to the Projects or features, even if you terminate use of our services.</li> | ||
<li | <li> '''Public domain content:''' Content that is in the public domain is welcome. It is important however that you confirm the public domain status of the content under the law of India as well as the laws of any other countries as required by the specific Project edition. When you contribute content that is in the public domain, you warrant that the material is actually in the public domain, and you agree to label it appropriately.</translate></li> | ||
<li | <li> '''Re-use:''' Reuse of content that we host is welcome, though exceptions exist for content contributed under "fair use" or similar exemptions under applicable copyright law. Any reuse must comply with the underlying license(s).<br> | ||
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< | When you reuse or redistribute a text page developed by NITC Wiki, you agree to attribute the authors in any of the following fashions: | ||
When you reuse or redistribute a text page developed by | |||
<OL STYLE="list-style:lower-roman"> | <OL STYLE="list-style:lower-roman"> | ||
<li | <li> Through hyperlink (where possible) or URL to the page or pages that you are reusing (since each page has a history page that lists all contributors, authors and editors);</li> | ||
<li | <li> Through hyperlink (where possible) or URL to an alternative, stable online copy that is freely accessible, which conforms with the license, and which provides credit to the authors in a manner equivalent to the credit given on the Project Website; or</li> | ||
<li | <li> Through a list of all authors (but please note that any list of authors may be filtered to exclude very small or irrelevant contributions).</li> | ||
</ol> | </ol> | ||
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If the text content was imported from another source, it is possible that the content is licensed under a compatible CC BY-SA license but not GFDL (as described in "Importing text," above). In that case, you agree to comply with the compatible CC BY-SA license and do not have the option to relicense it under GFDL. To determine the license that applies to the content that you seek to reuse or redistribute, you should review the page footer, page history, and discussion page. | If the text content was imported from another source, it is possible that the content is licensed under a compatible CC BY-SA license but not GFDL (as described in "Importing text," above). In that case, you agree to comply with the compatible CC BY-SA license and do not have the option to relicense it under GFDL. To determine the license that applies to the content that you seek to reuse or redistribute, you should review the page footer, page history, and discussion page. | ||
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In addition, please be aware that text that originated from external sources and was imported into a Project may be under a license that attaches additional attribution requirements. Users agree to indicate these additional attribution requirements clearly. Depending on the Project, such requirements may appear, for example, in a banner or other notations pointing out that some or all of the content was originally published elsewhere. Where there are such visible notations, reusers should preserve them. | In addition, please be aware that text that originated from external sources and was imported into a Project may be under a license that attaches additional attribution requirements. Users agree to indicate these additional attribution requirements clearly. Depending on the Project, such requirements may appear, for example, in a banner or other notations pointing out that some or all of the content was originally published elsewhere. Where there are such visible notations, reusers should preserve them. | ||
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For any non-text media, you agree to comply with the applicable license under which the work has been made available (which can be discovered by clicking on the work and looking at the licensing section on its description page or reviewing an applicable source page for that work). When reusing any content that we host, you agree to comply with the relevant attribution requirements as they pertain to the underlying license or licenses.</li> | |||
< | <li> '''Modifications or additions to material that you reuse:''' When modifying or making additions to text that you have obtained from a Project Website, you agree to license the modified or added content under CC BY-SA 4.0 or later (or, as explained above, another license when exceptionally required by the specific Project edition or feature).<br > | ||
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When modifying or making additions to any non-text media that you have obtained from a Project website, you agree to license the modified or added content in accordance with whatever license under which the work has been made available.<br> | |||
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With both text content and non-text media, you agree to clearly indicate that the original work has been modified. If you are reusing text content in a wiki, it is sufficient to indicate in the page history that you made a change to the imported text. For each copy or modified version that you distribute, you agree to include a licensing notice stating which license the work is released under, along with either a hyperlink or URL to the text of the license or a copy of the license itself.</li></ol> | |||
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== 8. DMCA Compliance == | |||
< | NITC Wiki wants to ensure that the content that we host can be reused by other users without fear of liability and that it is not infringing the proprietary rights of others. In fairness to our users, as well as to other creators and copyright holders, our policy is to respond to notices of alleged infringement that comply with the formalities of the Digital Millennium Copyright Act ("DMCA"). Pursuant to the DMCA, we will terminate, in appropriate circumstances, users and account holders of our system and network who are repeat infringers on our Projects and services. | ||
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However, we also recognize that not every takedown notice is valid or in good faith. In such cases, we strongly encourage users to file counter-notifications when they appropriately believe a DMCA takedown demand is invalid or improper. For more information on what to do if you think a DMCA notice has been improperly filed, you may wish to consult the website. | |||
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If you are the owner of content that is being improperly used on one of the Projects without your permission, you may request that the content be removed by filing a notice under the DMCA. To make such a request, please email us at (email) or snail mail our designated agent. | |||
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Alternatively, you may make a request to our community, which often handles copyright issues faster and more effectively than the process prescribed under the DMCA. In that case, you can post a notice explaining your copyright concerns. For a non-exhaustive and non-authoritative list of the relevant processes for the different Project editions, visit the Copyrights page. Before filing a DMCA claim, you also have the option of sending an email to the community at (email). | |||
== 9. Third-party Websites and Resources == | |||
You are solely responsible for your use of any third-party websites or resources. Although the Projects and Project Websites contain links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content. | You are solely responsible for your use of any third-party websites or resources. Although the Projects and Project Websites contain links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content. | ||
< | == 10. Management of Websites == | ||
If you contact the | The community has the primary role in creating and enforcing policies applying to the different Project editions. At NITC Wiki, we rarely intervene in community decisions about policy and its enforcement. | ||
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< | It is possible to notify us of illegal content, or content that violates our Terms of Service (including all policies and other documents incorporated by reference) for other reasons by contacting us directly. However, you can typically make a request directly to the Project's community: this may be more efficient, and is more consistent with our Projects' aim to empower the user community. | ||
In an unusual case, the need may arise, or the community may ask us, to address an especially problematic user or especially problematic content because of significant Project disturbance or dangerous behavior. In such cases, we reserve the right, at our sole discretion (or where legally compelled), to: | <br><br> | ||
Each Project will usually provide "Help" or "Contact" pages for further guidance, or specific tools for reporting issues. Alternatively – if in doubt – you can ask members of the community for help, by sending an email to (email). Please note that these mailboxes are monitored by users of the Projects, not the organization. As a result, they should not be threatened or issued with legal demands. | |||
< | <br><br> | ||
If you contact the organization with a problem, we will typically explore whether and how existing community-led mechanisms can investigate and, where appropriate, resolve it. | |||
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In an unusual case, the need may arise, or the community may ask us, to address an especially problematic user or especially problematic content because of significant Project disturbance or dangerous behavior. In such cases, we reserve the right, at our sole discretion (or where legally compelled), to:<br> | |||
* Investigate your use of the Projects or our services (a) to determine whether a violation of these Terms of Service, Project edition policy, or other applicable law or policy has occurred, or (b) to comply with any applicable law, legal process, or an appropriate governmental request; | * Investigate your use of the Projects or our services (a) to determine whether a violation of these Terms of Service, Project edition policy, or other applicable law or policy has occurred, or (b) to comply with any applicable law, legal process, or an appropriate governmental request; | ||
* Detect, prevent, or otherwise address fraud, false or unverifiable information, security, or technical issues or respond to user support requests; | * Detect, prevent, or otherwise address fraud, false or unverifiable information, security, or technical issues or respond to user support requests; | ||
* Refuse, revert, disable, or restrict access to contributions of any user who violates these Terms of Service; | * Refuse, revert, disable, or restrict access to contributions of any user who violates these Terms of Service; | ||
* Ban a user from editing or contributing or block a user's account or access for actions violating these Terms of Service, including repeat posting of unlawful material under applicable law in line with human rights principles; | * Ban a user from editing or contributing or block a user's account or access for actions violating these Terms of Service, including repeat posting of unlawful material under applicable law in line with human rights principles; | ||
* Take legal action against users who violate these Terms of Service (including reports to law enforcement authorities); and | * Take legal action against users who violate these Terms of Service (including reports to law enforcement authorities); and | ||
* Manage otherwise the Project websites in a manner designed to facilitate their proper functioning and protect the rights, property, and safety of ourselves and our users, licensors, partners, and the public. | * Manage otherwise the Project websites in a manner designed to facilitate their proper functioning and protect the rights, property, and safety of ourselves and our users, licensors, partners, and the public. | ||
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< | NITC Wiki moderation activities may be informed or performed by software (such as traffic flood ("Denial of Service") protection). In those cases, human review is normally available, upon request. | ||
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In the interests of our users and the Projects, in the extreme circumstance that any individual has had their account or access blocked under this section, they are prohibited from creating or using another account on or seeking access to the same Project, unless we provide explicit permission. Without limiting the authority of the community, the organization itself will not ban a user from editing or contributing or block a user's account or access solely because of good faith criticism that does not result in actions otherwise violating these Terms of Service or community policies. | |||
< | <br><br> | ||
In the interests of our users and the Projects, in the extreme circumstance that any individual has had their account or access blocked under this section, they are prohibited from creating or using another account on or seeking access to the same Project, unless we provide explicit permission. Without limiting the authority of the community, the | NITC Wiki and its members may also take action when so allowed by the community or Foundation policies applicable to the specific Project edition, including but not limited to warning, investigating, blocking, or banning users who violate those policies. You agree to comply with the final decisions of dispute resolution bodies that are established by the community for the specific Project editions (such as arbitration committees); these decisions may include sanctions as set out by the policy of the specific Project edition. | ||
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< | Especially problematic users who have had accounts or access blocked on multiple Project editions may be subject to a ban from all of the Project editions, in accordance with the Global Ban Policy. In contrast to Board resolutions or these Terms of Service, policies established by the community, which may cover a single Project edition or multiple Projects editions (like the Global Ban Policy), may be modified by the relevant community according to its own procedures. | ||
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Especially problematic users who have had accounts or access blocked on multiple Project editions may be subject to a ban from all of the Project editions, in accordance with the | |||
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The blocking of an account or access or the banning of a user under this provision shall be in accordance with Section 13 of these Terms of Service. | The blocking of an account or access or the banning of a user under this provision shall be in accordance with Section 13 of these Terms of Service. | ||
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If you believe we have not satisfactorily acted on a problematic content report, or if you have been subjected to a Foundation moderation action that you wish to challenge, you may be able to submit an appeal. Other information about routes of appeal may also be explained to you at the time, or in Project-specific help pages. | |||
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We reserve the right to suspend (temporarily, or permanently) our handling of reports or other correspondence from users or third parties, whether about allegedly illegal or otherwise problematic content or conduct, or requesting appeals against moderation actions, if such correspondence was made in bad faith, repetitive, unfounded, and/or abusive. In appropriate circumstances, your email address may even be blocked on our email system(s), and you will then need to contact us at our postal address if you wish to further correspond with us during that block. For less serious cases (e.g. up to three polite emails about one or more meritless complaints), this is likely to be temporary. More frequent or more abusive communications are more likely to lead to permanent measures. | |||
== 11. Resolutions and Project Policies == | |||
NITC Wiki releases official policies from time to time. Some of these policies may be mandatory for a particular Project or Project edition, and, when they are, you agree to abide by them as applicable. | |||
== 12. API Terms == | |||
We | We make available a set of APIs, which include documentation and associated tools, to enable users to build products that promote free knowledge. By using our APIs, you agree to abide by all applicable policies governing the use of the APIs. | ||
== 13. Termination == | |||
Though we hope you will stay and continue to contribute to the Projects, you can stop using our services any time. In certain (hopefully unlikely) circumstances it may be necessary for either ourselves or the Wikimedia community or its members (as described in Section 10) to terminate part or all of our services, terminate these Terms of Service, block your account or access, or ban you as a user. If your account or access is blocked or otherwise terminated for any reason, your public contributions and a record of your activities on or in relation to the Projects (including any correspondence you have sent us) will be unaffected (subject to applicable policies), and you may still access our public pages for the sole purpose of reading publicly available content on the Projects. In such circumstances, however, you may not be able to access your account or settings. However, regardless of any other provision in these Terms of Service, we reserve the right to suspend or end the services at any time, with or without cause, and with or without notice. Even after your use and participation are banned, blocked or otherwise suspended, these Terms of Service will remain in effect with respect to relevant provisions, including Sections 1, 3, 4, 6, 7, 9-16, and 18. | |||
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== 14. Disputes and Jurisdiction == | |||
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We hope that no serious disagreements arise involving you, but, in the event there is a dispute, we encourage you to seek resolution through the dispute resolution procedures or mechanisms provided by the Projects or Project editions and NITC Wiki. If you seek to file a legal claim against us, you agree to file and resolve it exclusively in a court located in Kozhikode, Kerala. You also agree that the laws of the State of Kerala and, to the extent applicable, the laws of India will govern these Terms of Service, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles). You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Kozhikode, Kerala, in any legal action or proceeding relating to us or these Terms of Service. | |||
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To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of our services or these Terms of Service must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred). | |||
'''Marketing Company Mediations'''<br> | |||
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As described in section 4 of these Terms of Service, you agree to resolve violations of the Paid Contributions without Disclosure in a Marketing Company Mediation at the Foundation's discretion. Marketing Company Mediations are '''binding''' mediations where, at the end of either a half or full day session, any disputed items that remain unresolved will be decided by the mediator in a legally binding decision. They will be conducted in meetings by teleconference or videoconference. If an in-person meeting is required, then the Marketing Company Mediation will take place in the Institute. The parties will split all fees and expenses related to the mediation/arbitration equally. | |||
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< | You agree, as part of a Marketing Company Mediation, to cooperate with NITC Wiki, including by timely providing any documentation in your possession relating to your undisclosed paid editing activities including the accounts used, articles affected, and clients who purchased such services. | ||
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If for some reason the entirety of these Marketing Company Mediation requirements are found to be unenforceable, you agree to resolve any disputes as described in the beginning of this section. | |||
== 15. Disclaimers == | |||
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At NITC Wiki, we do our best to provide educational and informational content to a very wide audience, but your use of our services is at your sole risk. We provide these services on an "as is" and "as available" basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure. | |||
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We are not responsible for the content, data, or actions of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms of Service. | We are not responsible for the content, data, or actions of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms of Service. | ||
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Any material downloaded or otherwise obtained through your use of our services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice. | Any material downloaded or otherwise obtained through your use of our services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice. | ||
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Some states or jurisdictions do not allow the types of disclaimers in this section, so they may not apply to you either in part or in full depending on the law. | |||
== 16. Limitation on Liability == | |||
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NITC Wiki will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage. In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you, although our liability will be limited to the fullest extent permitted by applicable law. | |||
== 17. Modifications to these Terms of Service == | |||
Just as the | Just as the NITC Wiki community's input is essential for the growth and maintenance of the Projects, we believe that community input is essential for these Terms of Service to properly serve our users. It is also essential for a fair contract. Therefore, we will provide these Terms of Service, as well as any substantial future revisions of these Terms of Service, to the community for comment at least thirty (30) days before the end of the comment period. If a future proposed revision is substantial, we will provide an additional 30 days for comments after posting a translation of the proposed revision. For changes for legal or administrative reasons, to correct an inaccurate statement, or changes in response to community comments, we will provide at least three (3) days' notice. | ||
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Because it may be necessary to modify these Terms of Service from time to time, we will provide notice of such modifications and the opportunity to comment via the Project websites, and via a notification on NITC Wiki Announcements. However, we ask that you please periodically review the most up-to-date version of these Terms of Service. Your continued use of our services after the new Terms of Service become official following the notice and review period constitutes an acceptance of these Terms of Service on your part. For the protection of the Wikimedia Foundation and other users like yourself, if you do not agree with our Terms of Service, you cannot use our services. | |||
== 18. Other Terms == | |||
These Terms of Service do not create an employment, agency, partnership, joint control or joint venture relationship between you and us, NITC Wiki. If you have not signed a separate agreement with us, these Terms of Service are the entire agreement between you and us. If there is any conflict between these Terms of Service and a signed written agreement between you and us, the signed agreement will control. | |||
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== 18. Other Terms == | |||
These Terms of Service do not create an employment, agency, partnership, joint control or joint venture relationship between you and us, | |||
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You agree that we may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the Projects or Project Websites. | You agree that we may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the Projects or Project Websites. | ||
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If in any circumstance, we do not apply or enforce any provision of these Terms of Service, it is not a waiver of that provision. | If in any circumstance, we do not apply or enforce any provision of these Terms of Service, it is not a waiver of that provision. | ||
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You understand that, unless otherwise agreed to in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to us, the community, or the Projects or Project editions. | You understand that, unless otherwise agreed to in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to us, the community, or the Projects or Project editions. | ||
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Notwithstanding any provision to the contrary in these Terms of Service, we (NITC Wiki) and you agree not to modify the applicable terms and requirements of any free license that is employed on the Projects or Project editions when such free license is authorized by these Terms of Service. | |||
< | <br><br> | ||
< | |||
If any provision or part of a provision of these Terms of Service is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and will be enforced to the maximum extent permissible, and all other provisions of these Terms of Service will remain in full force and effect. | If any provision or part of a provision of these Terms of Service is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and will be enforced to the maximum extent permissible, and all other provisions of these Terms of Service will remain in full force and effect. | ||