Disqus Disqus Terms of Service changes — 20120901_rev01

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- Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Disqus Service to a User's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

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- We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for any or no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

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- You are solely responsible for your interactions with other Disqus Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Disqus shall have no liability for your interactions with other Users, or for any User's action or inaction.

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**Advertisements**. You agree that Disqus may include advertisements and/or content provided by Disqus and/or a third party (collectively "Ads") as part of the implementation of the Service. You agree to comply with any specifications that may be provided by Disqus from time to time to enable proper delivery, display, tracking and/or reporting of Ads.

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**Advertisements**. You agree that Disqus may include advertisements and/or content provided by Disqus and/or a third party (collectively "Ads") as part of the implementation of the Service. You agree to comply with any specifications that may be provided by Disqus from time to time to enable proper delivery, display, tracking and/or reporting of Ads. You will receive a payment related to the number of valid clicks on Ads, the number of valid impressions of Ads and/or other events performed in connection with the display of Ads on the Permitted Sites (as defined below), in each case as determined by Disqus in its sole discretion in accordance to the then applicable revenue share percentage. "Permitted Sites" means web sites owned, operated or controlled by you on which you have integrated the Service. Your payments will be sent by Disqus within approximately ninety (90) days after the end of each calendar quarter that Ads are running on the Permitted Sites if your earned balance is $100 or more. If you terminate this Agreement (and you have not breached this Agreement), Disqus will pay you your earned balance within approximately ninety (90) days after the end of the calendar quarter in which the Agreement is terminated by you (following Disqus' receipt of your written request, including by email, to terminate this Agreement). In no event, however, will Disqus make payments for any earned balance less than $10.

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Notwithstanding the foregoing, Disqus willl not be liable for any payment based on: (a) any amounts which result from invalid clicks or impressions on Ads generated by any person, bot, automated program or similar device, as reasonably determined by Licensor, including without limitation through any clicks or impressions solicited by payment of money, false representation, or request for end users to click on Ads; (b) Ads delivered to end users whose browsers have JavaScript disabled; (c) Ads benefiting charitable organizations and other placeholder or transparent Ads that Disqus may deliver; or (d) clicks co-mingled with a significant number of invalid clicks described in (a) above, or as a result of any breach of this Agreement by you for any applicable pay period. We reserve the right to withhold payment due to any of the foregoing or any breach of the Agreement by you, pending our reasonable investigation of any of the foregoing or any breach of the Agreement by you, or in the event that an advertiser whose Ads are displayed in connection with the Permitted Sites defaults on payment for such Ads to us. You agree to pay all applicable taxes or charges imposed by any government entity in connection with any payments received hereunder. You acknowledge and agree that Licensor may change its pricing and/or payment structure at any time. If you dispute any payment made hereunder, you must notify Disqus in writing within fifteen (15) days of any such payment; failure to so notify Disqus will result in the waiver by You of any claim relating to any such disputed payment.

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Payment will be calculated solely based on records maintained by Disqus and no other measurements or statistics of any kind will be accepted or have any effect under this Agreement. We make no guarantee regarding the level of impressions of Ads or clicks on any Ad, the timing of delivery of such impressions and/or clicks, or the amount of any payment to be made to you under this Agreement. You acknowledge and agree to claim any payments provided by Disqus to you within six (6) months of the issuance of that payment otherwise Disqus shall have the right to recapture all payments that are held by Disqus and that are due to you (if any), but which Disqus is unable to pay or deliver to you because of an Inactive Status (as defined below). "Inactive Status" means that, based on our records: (a) for a period of six (6) months or more you have not logged onto your account and have not accepted payments that we have attempted to pay or deliver to you, and (b) We have been unable to reach you, or have not received adequate payment instructions from you, after contacting you at the address shown in our records.

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## Usage License

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Subject to the terms and conditions of these Terms, Disqus grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial (i.e. you may not use the Service to provide ads) use only and as permitted by the features of the Service. Disqus reserves all rights not expressly granted herein in the Service and the Disqus Content (as defined below). Disqus reserves the right to terminate your license to use the Service at any time and for any reason or in the future to charge for commercial usage.

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## User Responsibility and User-Posted Content

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 - Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Disqus Service to a User's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
 - We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for any or no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
 - You are solely responsible for your interactions with other Disqus Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Disqus shall have no liability for your interactions with other Users, or for any User's action or inaction.
+**Advertisements**. You agree that Disqus may include advertisements and/or content provided by Disqus and/or a third party (collectively "Ads") as part of the implementation of the Service. You agree to comply with any specifications that may be provided by Disqus from time to time to enable proper delivery, display, tracking and/or reporting of Ads.
+**Advertisements**. You agree that Disqus may include advertisements and/or content provided by Disqus and/or a third party (collectively "Ads") as part of the implementation of the Service. You agree to comply with any specifications that may be provided by Disqus from time to time to enable proper delivery, display, tracking and/or reporting of Ads. You will receive a payment related to the number of valid clicks on Ads, the number of valid impressions of Ads and/or other events performed in connection with the display of Ads on the Permitted Sites (as defined below), in each case as determined by Disqus in its sole discretion in accordance to the then applicable revenue share percentage. "Permitted Sites" means web sites owned, operated or controlled by you on which you have integrated the Service. Your payments will be sent by Disqus within approximately ninety (90) days after the end of each calendar quarter that Ads are running on the Permitted Sites if your earned balance is $100 or more. If you terminate this Agreement (and you have not breached this Agreement), Disqus will pay you your earned balance within approximately ninety (90) days after the end of the calendar quarter in which the Agreement is terminated by you (following Disqus' receipt of your written request, including by email, to terminate this Agreement). In no event, however, will Disqus make payments for any earned balance less than $10.
+Notwithstanding the foregoing, Disqus willl not be liable for any payment based on: (a) any amounts which result from invalid clicks or impressions on Ads generated by any person, bot, automated program or similar device, as reasonably determined by Licensor, including without limitation through any clicks or impressions solicited by payment of money, false representation, or request for end users to click on Ads; (b) Ads delivered to end users whose browsers have JavaScript disabled; (c) Ads benefiting charitable organizations and other placeholder or transparent Ads that Disqus may deliver; or (d) clicks co-mingled with a significant number of invalid clicks described in (a) above, or as a result of any breach of this Agreement by you for any applicable pay period. We reserve the right to withhold payment due to any of the foregoing or any breach of the Agreement by you, pending our reasonable investigation of any of the foregoing or any breach of the Agreement by you, or in the event that an advertiser whose Ads are displayed in connection with the Permitted Sites defaults on payment for such Ads to us. You agree to pay all applicable taxes or charges imposed by any government entity in connection with any payments received hereunder. You acknowledge and agree that Licensor may change its pricing and/or payment structure at any time. If you dispute any payment made hereunder, you must notify Disqus in writing within fifteen (15) days of any such payment; failure to so notify Disqus will result in the waiver by You of any claim relating to any such disputed payment.
+Payment will be calculated solely based on records maintained by Disqus and no other measurements or statistics of any kind will be accepted or have any effect under this Agreement. We make no guarantee regarding the level of impressions of Ads or clicks on any Ad, the timing of delivery of such impressions and/or clicks, or the amount of any payment to be made to you under this Agreement. You acknowledge and agree to claim any payments provided by Disqus to you within six (6) months of the issuance of that payment otherwise Disqus shall have the right to recapture all payments that are held by Disqus and that are due to you (if any), but which Disqus is unable to pay or deliver to you because of an Inactive Status (as defined below). "Inactive Status" means that, based on our records: (a) for a period of six (6) months or more you have not logged onto your account and have not accepted payments that we have attempted to pay or deliver to you, and (b) We have been unable to reach you, or have not received adequate payment instructions from you, after contacting you at the address shown in our records.
 ## Usage License
 Subject to the terms and conditions of these Terms, Disqus grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial (i.e. you may not use the Service to provide ads) use only and as permitted by the features of the Service. Disqus reserves all rights not expressly granted herein in the Service and the Disqus Content (as defined below). Disqus reserves the right to terminate your license to use the Service at any time and for any reason or in the future to charge for commercial usage.
 ## User Responsibility and User-Posted Content
 We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy http://docs.disqus.com/help/30/, and to have your personally identifiable information collected, used, transferred to and processed in the United States.
 ## DMCA Notice
 Since we respect artist and content owner rights, it is Disqus' policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Disqus' copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
+. ## An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
+. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
 . Identification of the copyrighted work that you claim has been infringed;
 . Identification of the material that is claimed to be infringing and where it is located on the Service;
 . Information reasonably sufficient to permit Disqus to contact you, such as your address, telephone number, and, e-mail address;
 . A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
 . A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
 The above information must be submitted to the following DMCA Agent:
+Attn:
+DMCA Notice
+Disqus, Inc.
+_Attn:_ DMCA Notice Disqus, Inc.
+Address:
+2nd Street, Second Floor
+San Francisco, CA 94105
+_Address:_ 301 Howard St, Suite 300 San Francisco, CA 94105
+Telephone:
+Fax:
+Email: biz@disqus.com
+Telephone: N/A Fax: N/A Email: biz@disqus.com
 UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
 Please note that this procedure is exclusively for notifying Disqus and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Disqus' rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
 In accordance with the DMCA and other applicable law, Disqus has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Disqus may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
 **Governing Law**. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Disqus, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a state or federal courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
 **Arbitration**. In the unlikely event that Disqus has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Disqus claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA") in Santa Clara County, California under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Disqus from seeking injunctive or other equitable relief from the courts as necessary to protect any of Disqus' proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DISQUS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
 **General**. Disqus and you are independent entities, and nothing in the Terms, or via use of the Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Disqus and you. These Terms supersede any previous Terms of Service and represent the entire agreement between Disqus and you. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Disqus' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
+These Terms were first published and made effective on May 9, 2012.
+These Terms were first published and made effective on August 27, 2012.

Disqus Terms of Service

Full text changes — 20120613_rev01 to 20120901_rev01