Disqus Disqus Terms of Service changes — 20150902_rev01

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Welcome to disqus.com, the website and online service of Disqus, Inc. ("Disqus," "we," or "us"). This page explains the terms by which you may use our online, web site, and software provided on or in connection with the service (collectively the "Service"). By accessing or using the Service you signify that you have read, understood and agree to be bound by these Terms of Service ("Terms") and to the collection and use of your information as set forth in the Disqus Privacy Policy at http://docs.disqus.com/help/30/, whether or not you are a registered user of our Service. These Terms apply to all visitors, users, and others who access the Service ("Users").

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Welcome to disqus.com, the website and online service of Disqus, Inc. ("Disqus," "we," or "us"). This page explains the terms by which you may use our online, web site, and software provided on or in connection with the service (collectively the "Service"). By accessing or using the Service you signify that you have read, understood and agree to be bound by these Terms of Service ("Terms") and to the collection and use of your information as set forth in the Disqus Privacy Policy at //docs.disqus.com/help/30/, whether or not you are a registered user of our Service. These Terms apply to all visitors, users, and others who access the Service ("Users").

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THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

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## Description and Use of Our Service

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**Description of Our Service**. The Service provides a comment platform that helps you build an active community from your website's audience. In addition to other functionalities, the Service provides: (i) a real-time comment system which allows real-time posting and updating; (ii) a notification and reply system that alerts users to responses and allows users to continue a conversation through email; (iii) inline media embedding that allows full integration with media services as well as being able to attach media such as photos and videos within comments; and (iv) mobile commenting to be able to comment on the go.

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**Eligibility**. You may use the Service only if you can form a binding contract with Disqus, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Disqus.

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**Disqus Account**. Your Disqus account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Disqus account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. You may never use another User's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Disqus immediately of any breach of security or unauthorized use of your account. Disqus will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Service by changing the settings in your [profile settings](http://disqus.com/account). By providing Disqus your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your [settings page](http://disqus.com/account). Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

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**Disqus Account**. Your Disqus account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Disqus account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. You may never use another User's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Disqus immediately of any breach of security or unauthorized use of your account. Disqus will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Service by changing the settings in your [profile settings](https://disqus.com/account). By providing Disqus your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your [settings page](https://disqus.com/account). Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

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**Service Rules**. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping" except for uses allowed under the "Feed and API" section below; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Disqus servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Disqus grants the operators of public search engines revocable permission to use spiders to copy materials from disqus.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, to compromise the system integrity or security or to decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) uploading, posting, transmitting, sharing, storing or otherwise making publicly available on the site, or other channels, any private, personally identifiable information of any third party, including, but not limited to: addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (ix) using the Service for any commercial solicitation purposes; (x) impersonating another person or otherwise misrepresenting your affiliation with a person or entity or conducting fraud; (xi) interfering with the proper working of the Service; (xii) accessing any content on the Service through any technology or means other than those provided or authorized by the Service or Disqus' written permission; or (xiii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

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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.

1		Welcome to disqus.com, the website and online service of Disqus, Inc. ("Disqus," "we," or "us"). This page explains the terms by which you may use our online, web site, and software provided on or in connection with the service (collectively the "Service"). By accessing or using the Service you signify that you have read, understood and agree to be bound by these Terms of Service ("Terms") and to the collection and use of your information as set forth in the Disqus Privacy Policy at http://docs.disqus.com/help/30/, whether or not you are a registered user of our Service. These Terms apply to all visitors, users, and others who access the Service ("Users").
	1	Welcome to disqus.com, the website and online service of Disqus, Inc. ("Disqus," "we," or "us"). This page explains the terms by which you may use our online, web site, and software provided on or in connection with the service (collectively the "Service"). By accessing or using the Service you signify that you have read, understood and agree to be bound by these Terms of Service ("Terms") and to the collection and use of your information as set forth in the Disqus Privacy Policy at //docs.disqus.com/help/30/, whether or not you are a registered user of our Service. These Terms apply to all visitors, users, and others who access the Service ("Users").
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3	3	THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
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5	5	## Description and Use of Our Service
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7	7	Description of Our Service. The Service provides a comment platform that helps you build an active community from your website's audience. In addition to other functionalities, the Service provides: (i) a real-time comment system which allows real-time posting and updating; (ii) a notification and reply system that alerts users to responses and allows users to continue a conversation through email; (iii) inline media embedding that allows full integration with media services as well as being able to attach media such as photos and videos within comments; and (iv) mobile commenting to be able to comment on the go.
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9	9	Eligibility. You may use the Service only if you can form a binding contract with Disqus, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Disqus.
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11		Disqus Account. Your Disqus account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Disqus account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. You may never use another User's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Disqus immediately of any breach of security or unauthorized use of your account. Disqus will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Service by changing the settings in your [profile settings](http://disqus.com/account). By providing Disqus your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your [settings page](http://disqus.com/account). Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
	11	Disqus Account. Your Disqus account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Disqus account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. You may never use another User's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Disqus immediately of any breach of security or unauthorized use of your account. Disqus will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Service by changing the settings in your [profile settings](https://disqus.com/account). By providing Disqus your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your [settings page](https://disqus.com/account). Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
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13	13	Service Rules. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping" except for uses allowed under the "Feed and API" section below; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Disqus servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Disqus grants the operators of public search engines revocable permission to use spiders to copy materials from disqus.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, to compromise the system integrity or security or to decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) uploading, posting, transmitting, sharing, storing or otherwise making publicly available on the site, or other channels, any private, personally identifiable information of any third party, including, but not limited to: addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (ix) using the Service for any commercial solicitation purposes; (x) impersonating another person or otherwise misrepresenting your affiliation with a person or entity or conducting fraud; (xi) interfering with the proper working of the Service; (xii) accessing any content on the Service through any technology or means other than those provided or authorized by the Service or Disqus' written permission; or (xiii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
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15	15	- 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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17	17	- 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.
64	64	The above list may be modified or expanded at any time, and individual account deactivation decisions remain at the sole discretion of Disqus.
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66	66	## Feeds and API
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68	68	Disqus provides access to portions of its Service via RSS feeds and an API; for the purposes of these Terms, such access constitutes use of the Service. Disqus asks that you use these features respectfully, and as may be outlined in any documentation that we provide. You may not use these or any other features of the Service itself to allow the display of a substantial portion of the Disqus database or reproduce, duplicate or copy any or all of the Disqus Service. Disqus reserves the right to change these features at any time and to disable access to the feeds and the API at any time for any reason or no reason.
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70		Disqus, the Disqus logo and the Disqus design are trademarks or trade dress of Disqus, and may not be used without express written permission from Disqus, other than for attribution. Attribution branding guidelines can be found at [http://disqus.com/brand/](http://disqus.com/brand/). Any application displaying a Disqus comment or user profile must display the Disqus social icon linking to [http://disqus.com/](http://disqus.com/), the comment timestamp linking to the comment permalink, and the Disqus username linking to the disqus.com user profile URL if the username is available. Any analysis or statistical reporting for public or commercial purposes, derived in part or in its entirety from content on the Disqus Service, must be sourced as "Disqus" or "Disqus comments."
	70	Disqus, the Disqus logo and the Disqus design are trademarks or trade dress of Disqus, and may not be used without express written permission from Disqus, other than for attribution. Attribution branding guidelines can be found at [//disqus.com/brand/](https://disqus.com/brand/). Any application displaying a Disqus comment or user profile must display the Disqus social icon linking to [//disqus.com/](https://disqus.com/), the comment timestamp linking to the comment permalink, and the Disqus username linking to the disqus.com user profile URL if the username is available. Any analysis or statistical reporting for public or commercial purposes, derived in part or in its entirety from content on the Disqus Service, must be sourced as "Disqus" or "Disqus comments."
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72	72	All other trademarks not owned by Disqus that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Disqus. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, APIs, software, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Disqus Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Disqus and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Disqus Content. Use of the Disqus Content for any purpose not expressly permitted by these Terms is strictly prohibited.
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74	74	## Privacy
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76		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.
	76	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 //docs.disqus.com/help/30/, and to have your personally identifiable information collected, used, transferred to and processed in the United States.
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78	78	## DMCA Notice
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80	80	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:
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82	82	1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
89	89	The above information must be submitted to the following DMCA Agent:
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91	91	_Attn:_ DMCA Notice Disqus, Inc.
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93	93	_Address:_ 301 Howard St, Suite 300 San Francisco, CA 94105
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95		Telephone: N/A Fax: N/A Email: biz@disqus.com
	95	Telephone: N/A Fax: N/A Email: dmca@disqus.com
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97	97	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.
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99	99	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.
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101	101	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.
125	125	## Assignment
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127	127	These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Disqus without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
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129	129	## Notification Procedures and Changes to Terms
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131		Disqus may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Disqus in our sole discretion. Disqus reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Disqus is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Any notices must be sent to Disqus in English at [biz@disqus.com](mailto:biz@disqus.com). Disqus may, in its sole discretion, modify or update these Terms from time to time. When we change these Terms, we will update the 'last modified' date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to these Terms or to our Privacy Policy, please do not access or use the Service. We recommend that you review this page periodically.
	131	Disqus may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Disqus in our sole discretion. Disqus reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Disqus is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Disqus may, in its sole discretion, modify or update these Terms from time to time. When we change these Terms, we will update the 'last modified' date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to these Terms or to our Privacy Policy, please do not access or use the Service. We recommend that you review this page periodically.
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133	133	## Other
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135	135	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.
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137	137	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.

Disqus Terms of Service

Full text changes — 20140401_rev01 to 20150902_rev01