This is a draft version. Source: adapted notably from the Wikimedia Foundation Governance Wiki, https://foundation.wikimedia.org/wiki/Policy:Terms_of_Use (CC BY-SA 4.0), with changes. Status: proposal, to be adopted. See the detailed disclaimer.

In simple words: this page proposes the rules of the road between you and the platform. What you can do here, what you cannot do, who owns what, which license covers the content, what happens if there is a dispute, and who is responsible for what. It is long because it would be a real contract between you and the hosting foundation. Nothing here is in force yet: it is a proposal, to be discussed and adopted.

Terms of use

Fair deals with nice people. The founding question behind this platform: can users own, run and sustain a global marketplace?

Welcome to WikiDeal! The Ynternet.org Foundation ("we" or "us" or the "Foundation") is a non-profit foundation under Swiss law, headquartered in Geneva, Switzerland, which hosts and incubates WikiDeal. Its aim with WikiDeal is to empower people around the world to create, negotiate and document fair contracts, using shared contract templates and documentation published under a free license, and to make this common infrastructure available effectively and globally.

To support this community, the Foundation intends to provide the essential infrastructure and organizational framework for the WikiDeal Markets and Portals (collectively, "the Platform") and other endeavors which serve this mission. The intention is to make and keep the contract templates, documentation and governance content of the Platform available on the internet under a free license, in perpetuity.

We welcome you ("you" or the "user") as a reader, contributor or contracting party on the Platform, and we encourage you to join the WikiDeal community. Before you participate, however, we ask that you please read and agree to the following Terms of Use ("Terms of Use").

Status note: these Terms of Use are a proposal, to be adopted. They are not yet in force. They would be discussed and first validated by the founding steering committee, then transmitted to the community through a soft transmission.

Overview

These Terms of Use tell you about the public services intended to be provided around the Platform, the relationship between the Foundation and you as a user, and the rights and responsibilities that would guide both. The Platform is intended to host a large quantity of contract templates, communication templates, documentation and governance content, contributed and made possible by users like yourself. Generally, the Foundation would not contribute, monitor, or delete content (with rare exceptions, such as under policies like these Terms of Use, for legal compliance, or when faced with urgent threats of serious harm). This means that editorial control would be in the hands of you and your fellow users who create and manage the content.

The community, the network of users who build and use the Markets and Portals, would be the principal means through which the goals of the mission are achieved. The community would contribute to and help govern the Platform. The community would also undertake the critical function of creating and enforcing policies for the specific Markets and Portals.

You, the user, are welcome to join as a contributor, template author, documentation editor, or contracting party, but you should follow the policies that govern each Market and Portal, including the Universal Code of Conduct ("UCoC"), which would apply across the whole Platform. Since the shared resources of the Platform are dedicated to being freely accessible to the public, the content you contribute to those shared resources is made available under a free license.

Please be aware that you are legally responsible for all of your contributions, edits, contracts and reuse of content, under Swiss law and other applicable laws (which may include the laws where you live or where you use the Platform). This means it is important that you exercise caution when posting, modifying or reusing content, and when entering into contracts. In light of this responsibility, there are some rules about what you cannot do, most of which are either for your own protection or for the protection of other users like yourself. Please keep in mind that the templates and documentation hosted on the Platform are for general informational purposes only: if you need expert advice for a particular question (such as medical, legal, or financial issues), you should seek the help of an appropriate professional. These Terms of Use also include other important notices and disclaimers, so please read them in their entirety.

For clarity, other organizations, such as future local WikiDeal user groups and associations, that may share in the same mission would nevertheless be legally independent and separate from the Ynternet.org Foundation. Unless otherwise stated by the Foundation as an authorized party on the Platform, those other organizations would have no responsibility for the operations of the Platform or its content.

1. Services

The Ynternet.org Foundation intends to encourage the growth, development, and distribution of a free marketplace infrastructure, and to host the Platform for the public. The Foundation would act only as a hosting service provider, maintaining the infrastructure and organizational framework. This infrastructure and framework would allow users to build the Markets and Portals by contributing and editing content themselves, to enter into contracts with each other, and to reuse the published content. The infrastructure would include technological interfaces that enable users to programmatically interact with and reuse published content (referred to as "Application Programming Interfaces" or "APIs"), and possibly mobile applications.

As used throughout the rest of the Terms of Use, the services consist of: the Markets and Portals of the Platform, the technological infrastructure maintained for them, and any technical spaces hosted for the maintenance and improvement of the Platform.

Because of this hosting role, there are a couple of things you should be aware of when considering the relationship between the Foundation, the Platform, and other users:

No editorial role: because the Platform is collaboratively edited and used, the vast majority of the content would be provided by users, and the Foundation would not take an editorial role. This means that the Foundation would generally not monitor or edit the content of the Platform, and would not take any responsibility for this content. Similarly, unless expressly stated otherwise, the Foundation would not endorse any opinions expressed via the services, and would not represent or guarantee the truthfulness, accuracy, or reliability of any submitted community content. In particular, the Foundation would not be a party to the contracts that users conclude with each other through the Platform, and would not guarantee their validity, fairness or performance.
You are responsible for your own actions: you are legally responsible for your edits and contributions, your contracts, your reuse of published content, your use of the APIs, and your use of the services more generally. For your own protection you should exercise caution and avoid taking any actions that may result in criminal or civil liability under any applicable laws. For clarity, applicable law includes at least the law of Switzerland. For other countries, this is determined on a case-by-case basis. Authorities of other countries may seek to apply their laws to you, including the laws where you live or where you use the Platform. The Foundation generally could not offer any protection, guarantee, immunity or indemnification against the application of such laws.

2. Privacy policy

We ask that you review the terms of the Privacy policy (first draft, under review), so that you are aware of how information about you would be collected and used.

3. Content hosted on the Platform

You may find some material objectionable or erroneous: because the Platform would host a wide array of content that is produced or gathered by fellow users, you may encounter material that you find offensive, erroneous, misleading, mislabeled, or otherwise objectionable. We therefore ask that you use common sense and proper judgment when using the services.
Templates and documentation are for general informational purposes only: the contract templates, communication templates and documentation hosted on the Platform would pertain to professional topics, including legal and financial matters, but this content is presented for general informational purposes only. It should not be taken as professional advice. A contract template is not legal advice for your particular situation. Please seek independent professional counseling from someone who is licensed or qualified in the applicable area before relying on any information, opinion, or template found on the Platform, especially for significant commitments.
Two regimes of data: the Platform is designed to distinguish published content (contract templates, documentation, governance pages, and the contract elements that the parties choose to publish, such as the state of a contract: signed, completed, in dispute) from private data (identity, contact details, and the variables entered into a contract, such as names, amounts or addresses). Published content is covered by the free licensing terms of section 7. Private data is not published and is governed by the Privacy policy.

4. Refraining from certain activities

The Platform would only exist because of the vibrant community of users like you who collaborate to write, edit, and curate the content, and who deal fairly with each other. We happily welcome your participation in this community. We encourage you to be civil and polite in your interactions with others, to act in good faith, and to make edits, contributions and deals aimed at furthering the mission of the Platform. We ask that all users review and follow the Universal Code of Conduct ("UCoC"), which lays out requirements for collegial, civil collaboration across the whole Platform.

Certain activities, whether legal or illegal under the applicable law, may be harmful to other users and violate these rules, and some activities may also subject you to liability. Therefore, for your own protection and for that of other users, you may not engage in such activities on, or otherwise using, the Platform. These activities include:

Harassing and abusing others

Engaging in threats, stalking, spamming, vandalism, or harassment as described in the UCoC;
Transmitting chain mail, junk mail, or spam to other users;
Posting or modifying content with the intention to seriously harm others, such as deliberate inducements to self-harm, or deliberate triggering of epilepsy.

Violating the privacy of others

Infringing the privacy rights of others under applicable laws (which may include the laws where you live or where you use the Platform);
Soliciting personally identifiable information for the purposes of harassment, exploitation, or violation of privacy, or for any promotional or commercial purpose not explicitly approved by the Foundation or provided for by the contractual mechanisms of the Platform; and
Soliciting personally identifiable information from anyone under the age of 18 years, or under the age of majority where you are if higher than 18 years, for an illegal purpose or violating any applicable law regarding the health or well-being of minors.

Engaging in false statements, impersonation, or fraud

Intentionally or knowingly posting content that constitutes libel or defamation under applicable law;
Posting or modifying content, or drafting contract terms, with the intent to deceive or mislead others;
Attempting to impersonate another user or individual, misrepresenting your affiliation with any individual or entity, hiding your affiliation with any individual or entity when disclosure is required by these terms or by the policies of a Market or Portal, or using the name or username of another person with the intent to deceive; and
Engaging in fraud.

Committing infringement of intellectual property rights

Infringing copyrights, trademarks, patents, or other proprietary rights under the applicable law.

Misusing the services for other illegal purposes

Posting child pornography or any other content that violates applicable law concerning child pornography or child sexual abuse material, or encouraging, grooming, or advocating for others to create or share such material;
Posting or trafficking in obscene material that is unlawful under applicable law;
Using the Platform to conclude contracts whose object is illegal under applicable law; and
Using the services in a manner that is inconsistent with applicable law.

Engaging in disruptive and illegal misuse of facilities

Posting or distributing content that contains any viruses, malware, worms, Trojan horses, malicious code, or other device that could harm the technical infrastructure or system of the Platform or of other users;
Engaging in automated uses of the Platform that are abusive or disruptive of the services, violate acceptable usage policies where available, or have not been approved by the WikiDeal community;
Disrupting the services by placing an undue burden on an API, a Market or Portal, or the networks or servers connected with the Platform;
Disrupting the services by inundating the Platform with communications or other traffic that suggests no serious intent to use it for its stated purpose;
Knowingly accessing, tampering with, or using any non-public areas of the computer systems of the Platform without authorization; and
Probing, scanning, or testing the vulnerability of any technical systems or networks of the Platform unless all the following conditions are met:

such actions do not unduly abuse or disrupt the technical systems or networks;
such actions are not for personal gain (except for credit for your work);
you report any vulnerabilities to the relevant developers (or fix it yourself); and
you do not undertake such actions with malicious or destructive intent.

Paid contributions without disclosure in the shared spaces

WikiDeal is a marketplace: concluding contracts and offering goods or services through the contractual mechanisms of the Platform is a normal, commercial use by design, and this section does not apply to it. This section applies to the shared spaces of the Platform: contract templates, communication templates, documentation and governance pages, whose neutrality and trustworthiness matter to everyone.

You must disclose each and any employer, client, intended beneficiary and affiliation with respect to any contribution to the shared spaces for which you receive, or expect to receive, compensation. You must make that disclosure in at least one of the following ways:

a statement on your user page,
a statement on the talk page accompanying any paid contributions, or
a statement in the edit summary accompanying any paid contributions.

Applicable law, or policies of a Market or Portal and Foundation policies and guidelines, such as those addressing conflicts of interest, may further limit paid contributions to the shared spaces or require more detailed disclosure.
A Market or Portal community may adopt an alternative paid contribution disclosure policy, which may supplement or replace this section for that Market or Portal.

Undisclosed paid editing of the shared spaces creates an unreasonable burden on the volunteers who investigate and enforce community policies. Therefore, for violations of this section related to undisclosed paid editing, you agree to submit to the binding mediation and arbitration mechanism described in section 14 of these Terms of Use.

The Foundation would reserve the right to exercise its enforcement discretion with respect to the provisions in section 4 of these Terms of Use.

5. Password security

You are responsible for safeguarding your own password and other security credentials, and should never disclose them to any third party.

6. Trademarks

Although you have considerable freedoms for reuse of the published content of the Platform, it is important to protect the names and logos of WikiDeal and of the Ynternet.org Foundation, so that users can be protected from fraudulent impersonators. Because of this, we ask that you please respect these names and logos. Any use of the trade names, marks, logos, or domain names of WikiDeal or of the Ynternet.org Foundation must be in compliance with these Terms of Use and with the trademark policy (under construction).

7. Licensing of content

To grow the commons of free contractual knowledge, all users contributing to the shared, published content of the Platform are required to grant broad permissions to the general public to redistribute and reuse their contributions freely, so long as that use is properly attributed and the same freedom to reuse and redistribute is granted to any derivative works.

Scope: these licensing requirements cover the published content of the Platform: contract templates, communication templates, documentation, governance pages, and the contract elements that the parties choose to publish. They do not cover the private variables entered into a contract (such as names, amounts, addresses or bank details), which are not published and remain governed by the Privacy policy. The software of the Platform is covered separately: in line with the Licensing policy proposal, the software would be published under the GNU Affero General Public License, version 3 ("AGPLv3").

You agree to the following licensing requirements:

Text to which you hold the copyright: when you submit text to which you hold the copyright to the published content of the Platform, you agree to license it under the Creative Commons Attribution-ShareAlike 4.0 International License ("CC BY-SA 4.0").
The only exception is if a Market, Portal or feature requires a different license. In that case, you agree to license any text you contribute under the particular license prescribed by that Market, Portal or feature.
Please note that this license does allow commercial uses of your contributions, as long as such uses are compliant with the terms of the license. Where you own Sui Generis Database Rights covered by CC BY-SA 4.0, you waive these rights. As an example, this means facts you contribute to the published content may be reused freely without attribution.
Attribution: attribution is an important part of this license. We consider it giving credit where credit is due, to authors like yourself. When you contribute text, you agree to be attributed in any of the following fashions:
1. Through hyperlink (where possible) or URL to the page to which you contributed (since each page has a history that lists all contributors, authors and editors);
2. 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 Platform; or
3. Through a list of all authors (but please note that any list of authors may be filtered to exclude very small or irrelevant contributions).
Importing text: you may import text that you have found elsewhere or that you have co-authored with others, but in such case you represent and warrant that the text is available under terms that are compatible with CC BY-SA 4.0. For a list of compatible licenses, see Creative Commons.
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 (such as copying within the Platform), 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 community decides that imported text cannot be used for that reason.
Non-text media: non-text media on the Platform would be 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 as described in the Licensing policy proposal, and also comply with the requirements of the specific Market, Portal or feature to which you are contributing.
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 Use for text content or non-text media contributed to the Platform, even if you terminate use of the services.
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 Swiss law as well as the laws of any other countries as required by the specific Market or Portal. 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.
Re-use: reuse of the published content of the Platform is welcome, though exceptions exist for content contributed under exemptions of applicable copyright law. Any reuse must comply with the underlying license(s).
When you reuse or redistribute a text page developed by the community, you agree to attribute the authors in any of the following fashions:
1. Through hyperlink (where possible) or URL to the page or pages that you are reusing (since each page has a history that lists all contributors, authors and editors);
2. 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 Platform; or
3. Through a list of all authors (but please note that any list of authors may be filtered to exclude very small or irrelevant contributions).
In addition, please be aware that text that originated from external sources and was imported into the Platform may be under a license that attaches additional attribution requirements. Users agree to indicate these additional attribution requirements clearly. 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.

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 looking at the licensing section on its description page or reviewing an applicable source page for that work). When reusing any content hosted on the Platform, you agree to comply with the relevant attribution requirements as they pertain to the underlying license or licenses.
Modifications or additions to material that you reuse: when modifying or making additions to text that you have obtained from the Platform, 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 Market, Portal or feature).
When modifying or making additions to any non-text media that you have obtained from the Platform, you agree to license the modified or added content in accordance with whatever license under which the work has been made available.
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.

8. Copyright compliance

The intention is to ensure that the content hosted on the Platform can be reused by other users without fear of liability and that it is not infringing the proprietary rights of others. In fairness to users, as well as to other creators and copyright holders, the proposed policy is to respond to notices of alleged infringement in accordance with Swiss copyright law (the Federal Act on Copyright and Related Rights), as described in the copyright takedown policy draft adapted to Swiss law. Switzerland has no equivalent of the United States "safe harbor" and counter-notification regime: the draft policy explains what this would mean in practice, including a voluntary counter-notification mechanism.

In appropriate circumstances, users and account holders who are repeat infringers would have their accounts terminated.

If you are the owner of content that is being improperly used on the Platform without your permission, you may request that the content be removed by sending a notice as described in the takedown policy draft, or by email to info@wikideal.net. Alternatively, you may make a request to the community, which often handles copyright issues faster and more effectively than a formal legal process.

9. Third-party websites and resources

You are solely responsible for your use of any third-party websites or resources. Although the Platform would contain links to third-party websites and resources, the Foundation would not endorse and would not be responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor would it have any obligation to monitor such third-party content.

10. Management of the Platform

The community would have the primary role in creating and enforcing policies applying to the different Markets and Portals. The Foundation would rarely intervene in community decisions about policy and its enforcement.

It would be possible to notify the Foundation of illegal content, or content that violates these Terms of Use (including all policies and other documents incorporated by reference) for other reasons, by writing to info@wikideal.net. However, you can typically make a request directly to the community of the relevant Market or Portal: this may be more efficient, and is more consistent with the aim of empowering the user community. This contact method is intended to function as the grievance redressal mechanism for all jurisdictions that require one. Grievances submitted through this contact would be reviewed in accordance with applicable legal requirements.

Each Market or Portal would usually provide "Help" or "Contact" pages for further guidance, or specific tools for reporting issues. Please note that community mailboxes would be monitored by users of the Platform, not by the Foundation. As a result, they should not be threatened or issued with legal demands.

If you contact the Foundation with a problem, it would typically explore whether and how existing community-led mechanisms can investigate and, where appropriate, resolve it.

In an unusual case, the need may arise, or the community may ask the Foundation, to address an especially problematic user or especially problematic content because of significant disturbance of the Platform or dangerous behavior. In such cases, the Foundation would reserve the right, at its sole discretion (or where legally compelled), to:

Investigate your use of the Platform (a) to determine whether a violation of these Terms of Use, the policies of a Market or Portal, 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;
Refuse, revert, disable, or restrict access to contributions of any user who violates these Terms of Use;
Ban a user from editing or contributing or block a user's account or access for actions violating these Terms of Use, 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 Use (including reports to law enforcement authorities); and
Manage otherwise the Platform in a manner designed to facilitate its proper functioning and protect the rights, property, and safety of the Foundation and its users, licensors, partners, and the public.

Moderation activities may be informed or performed by software (such as traffic flood protection). In those cases human review would normally be available, upon request.

In the interests of the users and the Platform, 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 Platform, unless explicit permission is given. Without limiting the authority of the community, the Foundation itself would 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 Use or community policies.

The WikiDeal community and its members may also take action when so allowed by the community or Foundation policies applicable to the specific Market or Portal, 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, following the proposed path of mediation first, then arbitration, as described on the Justice portal; these decisions may include sanctions as set out by the policy of the specific Market or Portal.

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 Use.

If you believe a problematic content report has not been satisfactorily acted on, or if you have been subjected to a moderation action that you wish to challenge, you may be able to submit an appeal, following the office actions policy (proposal, to be adopted) and the appeal routes explained to you at the time or in the help pages of the relevant Market or Portal.

The Foundation would reserve the right to suspend (temporarily, or permanently) the 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 the email system, and you would then need to contact the Foundation at its postal address in Geneva if you wish to further correspond with it during that block. For less serious cases (for example 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. Governance decisions and Platform policies

The governance bodies of WikiDeal are intended to emerge progressively, through the founding steering committee and a soft transmission to the community (see how formal governance decisions are intended to be documented). Some of the policies adopted through this process may be mandatory for a particular Market or Portal, and, when they are, you agree to abide by them as applicable.

12. API terms

A set of APIs, including documentation and associated tools, is intended to be made available to enable users to build products that promote fair contracting. By using the APIs, you agree to abide by all applicable policies governing their use, including the API usage guidelines, which are incorporated into these Terms of Use by reference.

13. Termination

Though we hope you will stay and continue to contribute to the Platform, you can stop using the services any time. In certain (hopefully unlikely) circumstances it may be necessary for either the Foundation or the WikiDeal community or its members (as described in section 10) to terminate part or all of the services, terminate these Terms of Use, 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 Platform (including any correspondence you have sent) would be unaffected (subject to applicable policies), and you may still access the public pages for the sole purpose of reading publicly available content. In such circumstances, however, you may not be able to access your account or settings. Blocking your account would not by itself extinguish the contracts you have concluded with other users: the rights and obligations arising from those contracts remain governed by their own terms and by applicable law. However, regardless of any other provision in these Terms of Use, the Foundation would 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 Use would remain in effect with respect to relevant provisions, including sections 1, 3, 4, 6, 7, 9 to 16, and 18.

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 mechanisms proposed for the Platform: mediation first, then arbitration, as described on the Justice portal. This applies in particular to disputes between users arising from contracts concluded through the Platform, when the parties have agreed to those mechanisms.

If you seek to file a legal claim against the Foundation, you agree to file and resolve it exclusively in the courts of the Republic and Canton of Geneva, Switzerland. You also agree that Swiss law will govern these Terms of Use, as well as any legal claim that might arise between you and the Foundation (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 Geneva, Switzerland, in any legal action or proceeding relating to the Foundation or these Terms of Use.

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 the services or these Terms of Use 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). If mandatory rules of the law where you normally reside do not accept "choice of forum" clauses like the one above, then (i) the choice of forum clause, above, shall be ignored, and (ii) you can refer any dispute to the courts of the jurisdiction where you normally live, following the applicable law rules of those courts. Similarly, if applicable law does not allow the enforcement of the choice of law in this section, then you can resolve a dispute according to the choice of law rules in the court of competent jurisdiction.

Binding mediation and arbitration for undisclosed paid editing

As described in section 4 of these Terms of Use, you agree to resolve violations of the paid contributions disclosure requirements through a binding mediation and arbitration process. In such a process, at the end of the mediation session, any disputed items that remain unresolved would be decided by the mediator acting as arbitrator, in a legally binding decision. The process would be conducted by teleconference or videoconference; if an in-person meeting is required, it would take place in Geneva, Switzerland. The parties would split all fees and expenses related to the mediation and arbitration equally.

You agree, as part of such a process, to cooperate, including by timely providing any documentation in your possession relating to your undisclosed paid editing activities, including the accounts used, pages affected, and clients who purchased such services.

Such arbitration would be governed by the arbitration provisions of Swiss law. The prevailing party would be entitled to recover its reasonable costs relating to the investigation and enforcement of its rights, to the extent permitted by applicable law. If for some reason the entirety of these binding mediation and arbitration 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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The intention is to provide useful templates, documentation and contractual infrastructure to a very wide audience, but your use of the services is at your sole risk. The services would be provided on an "as is" and "as available" basis, and all express or implied warranties of all kinds are expressly disclaimed, to the extent permitted by applicable law, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. There is no warranty that the services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure. See also the General disclaimer.

The Foundation would not be responsible for the content, data, or actions of third parties, including the other parties to your contracts, and you release the Foundation, its 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 the Foundation or through or from the services creates any warranty not expressly stated in these Terms of Use.

Any material downloaded or otherwise obtained through your use of the services is done at your own discretion and risk, and you would 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 the Foundation would 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. The right to create limits on use and storage at the Foundation's sole discretion at any time, with or without notice, is reserved.

Some 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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The Ynternet.org Foundation would 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 it was advised of the possibility of such damage. In no event would its aggregate liability exceed one thousand Swiss francs (CHF 1,000.00). In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (in particular the mandatory rules of Swiss law on liability for unlawful intent or gross negligence), the above limitation or exclusion may not apply to you, although liability would be limited to the fullest extent permitted by applicable law.

17. Modifications to these Terms of Use

Just as the community's input is essential for the growth and maintenance of the Platform, community input is essential for these Terms of Use to properly serve the users. It is also essential for a fair contract. Therefore, these Terms of Use, as well as any substantial future revisions, would be provided to the community for comment at least thirty (30) days before the end of the comment period. For changes for legal or administrative reasons, to correct an inaccurate statement, or changes in response to community comments, at least three (3) days' notice would be given.

Because it may be necessary to modify these Terms of Use from time to time, notice of such modifications and the opportunity to comment would be provided via the Platform. However, we ask that you please periodically review the most up-to-date version of these Terms of Use. Your continued use of the services after new Terms of Use become official following the notice and review period would constitute an acceptance of those Terms of Use on your part. For the protection of the Foundation and of other users like yourself, if you do not agree with these Terms of Use, you cannot use the services.

18. Other terms

These Terms of Use do not create an employment, agency, partnership, joint control or joint venture relationship between you and the Ynternet.org Foundation. For the purposes of European Economic Area law, United Kingdom law, or other laws that involve a similar concept, you are not acting "under the authority of" the Foundation when you use the services. If you have not signed a separate agreement with the Foundation, these Terms of Use are the entire agreement between you and the Foundation. If there is any conflict between these Terms of Use and a signed written agreement between you and the Foundation, the signed agreement will control. For clarity, the contracts you conclude with other users through the Platform are agreements between you and those users, not with the Foundation.

You agree that notices, including those regarding changes to the Terms of Use, may be provided to you by email, regular mail, or postings on the Platform.

If in any circumstance, any provision of these Terms of Use is not applied or enforced, it is not a waiver of that provision.

You understand that, unless otherwise agreed to in writing, you have no expectation of compensation for any activity, contribution, or idea that you provide to the Foundation, the community, or the Platform. This is without prejudice to the compensation that the parties to a contract concluded through the Platform owe each other under that contract.

Notwithstanding any provision to the contrary in these Terms of Use, the Foundation and you agree not to modify the applicable terms and requirements of any free license that is employed on the Platform when such free license is authorized by these Terms of Use.

These Terms of Use were written in English. While we hope that translations are accurate, in the event of any differences in meaning between the original English version and a translation, the original English version takes precedence.

If any provision or part of a provision of these Terms of Use is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and will be enforced to the maximum extent permissible, and all other provisions of these Terms of Use will remain in full force and effect.

Thank you!

We appreciate your taking the time to read these Terms of Use, and we are very happy to have you contributing to the Platform and using the services. Through your contributions, you are helping to build something really big: not only a commons of fair contract templates and documentation available to everyone, but also a vibrant community of like-minded and engaged peers, focused on a very noble goal. Fair deals with nice people.

These Terms of Use are a proposal, to be adopted. They have no effective date yet.