diff --git a/src/content/docs/community/appeal.md b/src/content/docs/community/appeal.md index ce601c5..b62713e 100644 --- a/src/content/docs/community/appeal.md +++ b/src/content/docs/community/appeal.md @@ -1,38 +1,194 @@ --- -title: Appealing a Sanction +title: Community Disciplinary Appeals Policy --- -Our moderators exercise careful discretion when implementing disciplinary measures (including but not limited to temporary suspensions, permanent bans, or other access restrictions). However, we acknowledge that misunderstandings or errors may occasionally occur. +# COMMUNITY DISCIPLINARY APPEALS POLICY -If you believe you have been unjustly restricted from participating in our community, you may initiate our formal appeal process as outlined below. +## 1. Preamble and Purpose -:::caution[Warning!] -Submitting multiple appeals for the same sanction will result in our appeals team automatically denying your request. +### 1.1 Introduction + +This Community Disciplinary Appeals Policy (hereinafter referred to as "the Policy") establishes the formal procedures and requirements for appealing disciplinary sanctions imposed by our moderation team. Whilst our Community Leaders exercise careful discretion and professional judgement when implementing disciplinary measures, we acknowledge that human error or misunderstandings may occasionally occur within any moderation system. + +### 1.2 Purpose and Scope + +This Policy serves to: +- Provide a fair and transparent mechanism for reviewing disciplinary decisions +- Ensure adherence to principles of natural justice and procedural fairness +- Maintain the integrity of our community standards whilst protecting individual rights +- Establish clear procedures for both appellants and review panels + +### 1.3 Right of Appeal + +Every community member who receives a disciplinary sanction has the fundamental right to appeal such decision through the procedures outlined herein, subject to the conditions and limitations specified in this Policy. + +## 2. Definitions and Interpretation + +### 2.1 Key Definitions + +For the purposes of this Policy: +- **"Appellant"** means any individual seeking to appeal a disciplinary sanction +- **"Disciplinary Sanction"** means any punitive measure imposed, including but not limited to warnings, temporary suspensions, permanent bans, or access restrictions +- **"Appeals Panel"** means the designated authority responsible for reviewing appeals +- **"Original Decision"** means the initial disciplinary action being appealed +- **"Community Leaders"** means moderators, administrators, and other authorised personnel + +### 2.2 Interpretation + +This Policy shall be interpreted in accordance with principles of fairness, natural justice, and the overarching objectives of maintaining community safety and standards. + +## 3. Grounds for Appeal + +### 3.1 Acceptable Grounds + +Appeals may be submitted on the following grounds: +1. **Procedural Irregularity**: The disciplinary process was not followed correctly +2. **Disproportionate Sanction**: The penalty imposed was excessive relative to the violation +3. **Factual Error**: Material facts were incorrectly assessed or considered +4. **New Evidence**: Relevant evidence has become available that was not considered in the original decision +5. **Misinterpretation of Policy**: The community guidelines or terms of service were incorrectly applied + +### 3.2 Inadmissible Appeals + +Appeals will not be considered on the following grounds: +1. General disagreement with community policies or guidelines +2. Claims that rules are unfair or unreasonable +3. Arguments that other members engaged in similar conduct without sanction +4. Emotional distress or inconvenience caused by the sanction + +## 4. Pre-Appeal Requirements + +### 4.1 Mandatory Preparation + +Prior to submitting an appeal, appellants must complete the following preparatory steps: + +1. **Policy Review**: Conduct a thorough review and demonstrate understanding of: + - Community Guidelines and Code of Conduct + - Terms of Service + - This Appeals Policy + +2. **Sanction Verification**: Access and review the specific details of the imposed sanction via our [sanctions database](https://hikari.nhcarrigan.com/sanctions) + +3. **Self-Assessment**: Complete a comprehensive self-assessment of the circumstances leading to the sanction + +### 4.2 Required Documentation + +Appeals must include the following information: +1. **Identity Verification**: Full account details and contact information +2. **Sanction Details**: Complete description of the disciplinary action being appealed +3. **Grounds Statement**: Clear identification of the specific grounds for appeal as outlined in Section 3.1 +4. **Evidence Portfolio**: All relevant documentation, screenshots, or other evidence supporting the appeal +5. **Commitment Declaration**: Written commitment to adhere to all community standards and policies +6. **Contribution Statement**: Detailed explanation of intended positive contributions to the community upon reinstatement + +## 5. Appeal Submission Procedures + +### 5.1 Formal Submission Process + +Appeals must be submitted through our official appeals portal: [Community Appeals Form](https://forms.nhcarrigan.com/form/l3PC15yalSWjdZASTQvGo22q_uj_7OtXAhZdcW35ev8) + +### 5.2 Submission Requirements + +All appeals must: +- Be submitted within thirty (30) days of the original sanction +- Include all required documentation as specified in Section 4.2 +- Be written in clear, professional language +- Demonstrate good faith engagement with the appeals process + +### 5.3 Multiple Appeal Prohibition + +:::caution[Critical Warning] +Submitting multiple appeals for the same disciplinary sanction will result in automatic dismissal of all subsequent appeals and may constitute abuse of process, potentially leading to additional sanctions. ::: -## 1. Preparing Your Appeal +## 6. Review Process and Procedures -Prior to submitting an appeal, please ensure you have the following information ready: +### 6.1 Initial Review -1. Confirmation that you have thoroughly reviewed and understood our Community Guidelines and Terms of Service. -2. An explicit statement of your commitment to adhere to all applicable rules and policies. -3. Your understanding of the specific sanction levied against you and the alleged violation(s) cited. -4. A clear and concise explanation of why you believe the moderation decision was erroneous or disproportionate. -5. A statement detailing your motivations for seeking reinstatement and the potential positive contributions you intend to make to our community. +Upon receipt, all appeals undergo an initial administrative review to ensure: +- Compliance with submission requirements +- Timeliness of submission +- Completeness of documentation +- Identification of appropriate grounds for appeal -Please note that incomplete or inadequately prepared appeals may be summarily dismissed. You can [find your sanction](https://hikari.nhcarrigan.com/sanctions) to review. +### 6.2 Substantive Review -## 2. Appeal Submission Process +Appeals meeting initial requirements proceed to substantive review, wherein the Appeals Panel shall: +1. Examine all evidence and documentation +2. Review the original decision and its rationale +3. Consider the appellant's submissions and arguments +4. Assess whether the appeal has merit under the established grounds -To submit your appeal, please complete the form available at the following link: +### 6.3 Review Timeline -[Submit a Sanction Appeal](https://forms.nhcarrigan.com/form/l3PC15yalSWjdZASTQvGo22q_uj_7OtXAhZdcW35ev8) +The Appeals Panel endeavours to complete reviews within fourteen (14) business days of receipt, though complex cases may require additional time. -## 3. Important Disclaimers +## 7. Possible Outcomes and Decisions -- Submission of an appeal does not guarantee its approval. -- The decision of the appeals review panel is final and binding. -- We reserve the right to deny or revoke access to our services at any time, for any reason, at our sole discretion. -- Repeated violations or abuse of the appeals process may result in permanent ineligibility for reinstatement. +### 7.1 Appeal Outcomes -By submitting an appeal, you acknowledge that you have read, understood, and agree to abide by the terms outlined in this document. +Following review, the Appeals Panel may: +1. **Uphold the Appeal**: Overturn the original sanction entirely +2. **Partially Uphold the Appeal**: Reduce the severity of the original sanction +3. **Dismiss the Appeal**: Confirm the original sanction remains in full effect +4. **Remit for Reconsideration**: Return the matter for fresh consideration with specific directions + +### 7.2 Decision Communication + +All appeal decisions shall be communicated in writing to the appellant, including: +- The outcome of the appeal +- Detailed reasoning for the decision +- Any conditions or requirements for reinstatement +- Information regarding the finality of the decision + +## 8. Finality and Limitations + +### 8.1 Decision Finality + +Decisions of the Appeals Panel are final and binding. No further appeals or reviews are available through our internal processes. + +### 8.2 Discretionary Rights Reserved + +Notwithstanding this appeals process, we reserve the absolute right to: +- Deny or revoke access to our services at any time +- Modify community standards and policies +- Take additional action based on new information or circumstances +- Refuse service to any individual at our sole discretion + +### 8.3 Abuse of Process + +Repeated abuse of the appeals process, including but not limited to: +- Submitting frivolous or vexatious appeals +- Providing false or misleading information +- Harassment of Appeals Panel members +- Multiple appeals for the same sanction + +May result in permanent ineligibility for future appeals and additional disciplinary sanctions. + +## 9. Compliance and Acknowledgement + +### 9.1 Terms Acceptance + +By submitting an appeal through this process, appellants explicitly acknowledge that they have: +- Read and understood this Appeals Policy in its entirety +- Reviewed and understand all applicable community standards and policies +- Agreed to accept the decision of the Appeals Panel as final and binding +- Committed to full compliance with all community standards upon any reinstatement + +### 9.2 Legal Disclaimer + +This appeals process is provided as an internal community service and does not create any legal rights or obligations beyond those established in our Terms of Service. The availability of this process does not limit our right to take any action deemed necessary for community safety and integrity. + +## 10. Policy Updates and Amendments + +### 10.1 Amendment Rights + +This Policy may be updated, modified, or amended at any time without prior notice. Appellants are responsible for ensuring familiarity with the current version of this Policy. + +### 10.2 Effective Date + +This Policy is effective immediately upon publication and applies to all appeals submitted after its implementation. + +--- + +*This Community Disciplinary Appeals Policy was last updated on 15 September 2025 and supersedes all previous versions.* diff --git a/src/content/docs/community/coc.md b/src/content/docs/community/coc.md index dc31140..4f1b1d7 100644 --- a/src/content/docs/community/coc.md +++ b/src/content/docs/community/coc.md @@ -1,495 +1,658 @@ --- -title: Code of Conduct +title: Community Code of Conduct --- -## 1. Definitions +# COMMUNITY CODE OF CONDUCT -### 1.1. "Our Community" +## 1. Preamble and Foundational Principles -Encompasses all platforms and spaces, both digital and physical, where members interact under our organization's auspices. This includes, but is not limited to: +### 1.1 Introduction and Purpose -- Our official Discord server -- Our code repositories and associated accounts -- Our official social media accounts and pages -- Any other online forums or platforms we officially endorse or manage -- In-person events organized or sponsored by our organization +This Community Code of Conduct (hereinafter referred to as "the Code") establishes the fundamental standards of behaviour and conduct expected from all individuals participating in our community ecosystem. This Code serves as the cornerstone of our commitment to fostering an inclusive, safe, and productive environment wherein all members can participate meaningfully and contribute positively to our collective objectives. -### 1.2. "Community Members" +### 1.2 Fundamental Values -Refers to all individuals who participate in Our Community, regardless of their role or level of engagement. This includes casual users, regular contributors, and community leaders. +Our community is built upon the following core principles: +- **Respect and Dignity**: Every individual deserves to be treated with courtesy, respect, and human dignity +- **Inclusivity and Diversity**: We celebrate and actively promote diversity in all its forms whilst ensuring equal participation opportunities +- **Safety and Well-being**: The physical, emotional, and psychological safety of our community members is paramount +- **Constructive Collaboration**: We encourage productive dialogue, constructive criticism, and collaborative problem-solving +- **Transparency and Accountability**: We operate with openness, honesty, and accept responsibility for our actions and decisions -### 1.3. "Community Leaders" +### 1.3 Legal Framework -Refers to individuals with official responsibilities within Our Community, including but not limited to: +This Code operates within and supplements our Terms of Service, Privacy Policy, and all other applicable policies. In the event of any conflict between this Code and other policies, the more restrictive provision shall take precedence to ensure maximum protection for community members. -- Moderators -- Developers -- Support staff -- Administrators -- Project managers -- Event organizers +## 2. Definitions and Scope of Application -### 1.4. "Code of Conduct" or "CoC" +### 2.1 Comprehensive Definitions -Refers to this document in its entirety, including all sections, subsections, and any future amendments. +For the purposes of this Code, the following definitions shall apply: -### 1.5. "Violating the Code of Conduct" +#### 2.1.1 Community Ecosystem +**"Our Community"** encompasses all platforms, spaces, and environments, whether digital, physical, or hybrid, where members interact under our organisation's auspices, including but not limited to: +- Official Discord servers and communication platforms +- Code repositories, version control systems, and development platforms +- Official social media accounts, pages, and associated digital properties +- Community forums, discussion boards, and interactive platforms +- Documentation sites, wikis, and knowledge-sharing platforms +- In-person events, conferences, meetups, and organised gatherings +- Virtual events, webinars, and online presentations +- Any other platform officially endorsed, managed, or sponsored by our organisation -Means engaging in behavior that contradicts the guidelines, rules, and principles outlined in this document. +#### 2.1.2 Community Participants +**"Community Members"** refers to all individuals who participate in Our Community, regardless of their role, level of engagement, or duration of participation, including: +- Casual users and occasional participants +- Regular contributors and active members +- Volunteer moderators and community leaders +- Development team members and technical contributors +- Administrative staff and organisational representatives +- Guest speakers, invited participants, and temporary contributors -### 1.6. "Reporting" +#### 2.1.3 Leadership and Authority +**"Community Leaders"** refers to individuals vested with official responsibilities, authority, and trust within Our Community, including: +- Community moderators and content moderators +- Technical administrators and system administrators +- Developer team members and project maintainers +- Support staff and customer service representatives +- Event organisers and programme coordinators +- Senior administrators and executive leadership -Refers to the act of bringing a potential Code of Conduct violation to the attention of Community Leaders through officially designated channels. +#### 2.1.4 Conduct and Violations +**"Code of Conduct Violation"** means any behaviour, action, or communication that contravenes the guidelines, standards, and principles outlined in this Code or its associated policies. -### 1.7. "Sanctions" +**"Reporting"** refers to the formal process of bringing potential Code of Conduct violations to the attention of Community Leaders through officially designated channels and procedures. -Refers to the consequences imposed on community members who violate the Code of Conduct, as determined by Community Leaders. +**"Disciplinary Sanctions"** means the consequences, penalties, or corrective measures imposed upon community members who violate this Code, as determined by Community Leaders in accordance with established procedures. -### 1.8. "Platforms" +### 2.2 Territorial and Temporal Scope -Refers to any digital or physical space where Our Community interacts, as listed in section 1.1. +#### 2.2.1 Primary Application +This Code applies directly and immediately to all interactions, communications, and behaviours occurring within Our Community spaces, including: +- Public channels, forums, and discussion areas +- Private channels, direct messages, and personal communications conducted through community platforms +- Online and offline community-organised events and activities +- Any communication using official community branding, accounts, or platforms -## 2. Scope +#### 2.2.2 Extended Application +This Code may also extend to interactions and behaviours occurring outside Our Community spaces when such conduct: +- Involves multiple Community Members in a manner that affects community relationships or dynamics +- Has a substantial, demonstrable impact on the well-being, safety, or participation of Community Members +- Significantly affects the reputation, integrity, or safety of Our Community or its members +- Constitutes harassment, threats, or other harmful behaviour directed at Community Members -### 2.1. Applicability +#### 2.2.3 Temporal Considerations +This Code applies to: +- All current and ongoing interactions within Our Community +- Past behaviour and conduct of Community Members, including actions that occurred prior to joining Our Community +- Patterns of behaviour that may have commenced before participation in Our Community but continue to affect community dynamics -This Code of Conduct applies to all interactions within Our Community, including but not limited to: +### 2.3 Reporting Framework -- Public channels and forums -- Private channels and direct messages -- Online and offline community spaces -- Community-organized events and meetups -- Any form of communication using our official platforms or branding +#### 2.3.1 Reporting Obligations and Encouragement +We strongly encourage the reporting of any violations of this Code, including but not limited to: +- Harassment, discrimination, or threats directed at Community Members +- Violations committed by Community Leaders or individuals in positions of authority +- Incidents occurring outside Our Community spaces that affect community members +- Historical incidents, regardless of when they occurred +- Patterns of concerning behaviour that may not constitute individual violations but collectively create problems -### 2.2. Extended Scope +#### 2.3.2 Community Leader Responsibilities +Community Leaders commit to the following standards in handling reports: +- Treat all good-faith reports with seriousness, confidentiality, and respect +- Protect the privacy, safety, and security of all report submitters +- Conduct thorough, fair, and impartial investigations of reported incidents +- Take appropriate and proportionate action based on investigation findings +- Maintain transparency in processes whilst respecting individual privacy +- Document actions taken to ensure consistency and accountability -The Code of Conduct may also apply to interactions outside Our Community when: +## 3. Standards of Acceptable Conduct -- A Community Member is involved in an incident affecting another Community Member -- The incident has a substantial impact on the well-being or participation of Community Members -- The behavior significantly affects the reputation or integrity of Our Community +### 3.1 Positive Behaviours and Expectations -### 2.3. Temporal Scope +Community Members are expected to demonstrate the following positive behaviours: -This Code of Conduct applies to: +#### 3.1.1 Respectful Communication +- Use welcoming, inclusive, and professional language in all interactions +- Listen actively and engage constructively with diverse perspectives and viewpoints +- Provide constructive feedback that focuses on ideas and contributions rather than individuals +- Acknowledge mistakes promptly, apologise sincerely when appropriate, and learn from errors -- Current interactions within Our Community -- Past behavior of Community Members, including actions prior to joining Our Community -- Ongoing patterns of behavior that may have started before joining Our Community +#### 3.1.2 Collaborative Engagement +- Contribute positively to discussions and community activities +- Support and mentor newcomers and less experienced community members +- Share knowledge generously whilst respecting intellectual property rights +- Participate in good faith and assume positive intent from others unless proven otherwise -### 2.4. Reporting +#### 3.1.3 Professional Conduct +- Maintain appropriate boundaries between personal and professional interactions +- Respect the time, effort, and contributions of all community members +- Comply with all applicable laws, regulations, and platform-specific terms of service +- Represent Our Community positively when acting in any official or semi-official capacity -We encourage reporting of any violations of this Code of Conduct, including: +### 3.2 Prohibited Conduct and Behaviours -- Harassment by Community Members, especially Community Leaders -- Incidents that occur outside Our Community spaces -- Past incidents, regardless of when they took place - -### 2.5. Commitment to Action - -Community Leaders commit to: - -- Take all good-faith reports seriously -- Respect the privacy and security of reporters -- Conduct fair and thorough investigations of reported incidents -- Take appropriate action based on the findings of investigations - -### 2.6. Exclusion Rights - -Community Leaders reserve the right to exclude individuals from Our Community based on: - -- Violations of this Code of Conduct -- Past behavior, including actions outside Our Community spaces -- Behavior towards individuals who are not members of Our Community -- Any conduct deemed detrimental to the safety, well-being, or positive environment of Our Community - -### 2.7. Scope of Authority - -While this Code of Conduct primarily governs behavior within Our Community, we recognize that actions outside our spaces can significantly impact our environment. Therefore, Community Leaders may consider external behaviors when making decisions about community participation. - -### 2.8. Amendments - -The scope of this Code of Conduct may be amended as necessary to address emerging concerns or changing circumstances within Our Community. Any changes will be clearly communicated to all Community Members. - -## 3. Rules and Prohibited Conduct - -### 3.1. General Conduct - -- No trolling, insulting, or derogatory comments. -- No harassment, whether public or private (see section 3.2 for detailed definition). -- No incitement of violence towards any individual, including encouraging suicide or self-harm. -- No deliberate "outing" of any aspect of a person's identity without their consent, except to protect vulnerable individuals from intentional abuse. -- No publication of non-harassing private communication without explicit consent from all parties involved. -- No advocating for members to be banned, except in direct messages to or private discussions with community leaders. -- No spam or excessive self-promotion. - -### 3.2. Harassment +The following behaviours are strictly prohibited within Our Community: +#### 3.2.1 Harassment and Discriminatory Conduct Harassment includes, but is not limited to: +- Deliberate misgendering, deadnaming, or use of rejected names or pronouns +- Unwanted physical contact, simulated physical contact, or inappropriate touching +- Direct or indirect threats of violence, intimidation, or coercion +- Stalking, following, or persistent unwanted attention +- Unwanted photography, recording, or documentation of individuals without consent +- Logging online activity or gathering personal information for harassment purposes +- Unwelcome sexual attention, advances, or sexually explicit communications +- Pattern of inappropriate social contact or assumption of inappropriate levels of intimacy +- Continued one-on-one communication after explicit requests to cease +- Targeted harassment, bullying, or sustained aggressive behaviour +- Deliberate disruption of discussions, events, or community activities -- Deliberate misgendering or use of rejected names -- Unwanted physical contact or simulated physical contact without consent -- Threats of violence or intimidation -- Stalking or following -- Unwanted photography or recording, including logging online activity for harassment purposes -- Unwelcome sexual attention -- Pattern of inappropriate social contact, such as requesting/assuming inappropriate levels of intimacy -- Continued one-on-one communication after requests to cease -- Targeted and deliberate aggression -- Sustained disruption of discussion or community events +#### 3.2.2 Identity-Based Discrimination and Oppression +Prohibited discriminatory conduct includes: +- Questioning, challenging, or invalidating someone's stated identity, chosen labels, or self-identification +- Unwelcome comments regarding lifestyle choices including food, health, parenting, relationships, substance use, or employment decisions +- Offensive comments related to gender, gender identity and expression, sexual orientation, disability, mental health, neurodiversity, physical appearance, body size, age, race, ethnicity, nationality, immigration status, language, religion or lack thereof, or other identity markers +- Use or promotion of "reverse discrimination" concepts such as "reverse racism," "reverse sexism," or "cisphobia" against marginalised community members +- Debating the fundamental rights, lived experiences, or validity of marginalised individuals or groups +- Racist, sexist, transphobic, homophobic, ableist, or otherwise oppressive behaviour, whether casual or explicit -### 3.3. Respect for Identity and Diversity +#### 3.2.3 Harmful Communication and Content +Prohibited communication includes: +- Trolling, insulting language, or deliberately derogatory comments +- Incitement of violence towards any individual, including encouragement of self-harm or suicide +- Deliberate "outing" or disclosure of any aspect of a person's identity without their explicit consent, except when necessary to protect vulnerable individuals from abuse +- Publication of non-harassing private communications without explicit consent from all involved parties +- Advocating for the removal, banning, or sanctioning of community members, except through direct communication with Community Leaders +- Spam, excessive self-promotion, or commercial advertising without authorisation +- Explicit sexual imagery, content, or behaviour inappropriate for the community context +- Use of slurs, hate speech, or deliberately offensive terminology -- No questioning or challenging someone's stated self-identity or chosen labels. -- No unwelcome comments regarding a person's lifestyle choices and practices, including those related to food, health, parenting, relationships, drugs, and employment. -- No offensive comments related to gender, gender identity and expression, sexual orientation, disability, mental illness, neurodiversity, physical appearance, body size, age, race, national origin, ethnic origin, nationality, immigration status, language, religion or lack thereof, or other identity markers. -- No use or promotion of "reverse"-isms, including "reverse racism," "reverse sexism," and "cisphobia" against marginalized members. -- No debating the rights and lived experiences of marginalized people in the community. -- No racist, sexist, cissexist, ableist, or otherwise oppressive behavior, whether casual or explicit. +## 4. Community Standards and Specific Policies -### 3.4. Oppression and Neutrality +### 4.1 Neutrality and Social Justice -:::caution -Neutrality in the face of oppression is to choose the side of the oppressor. +#### 4.1.1 Position on Oppression + +:::caution[Community Position] +Our Community explicitly rejects neutrality in the face of oppression. Remaining neutral when marginalised individuals share their experiences with discrimination, oppression, or harmful legislation constitutes support for oppressive systems and structures. ::: -We understand that not everyone may be aware of the struggles that underprivileged classes face. Asking questions to inform yourself is good. +#### 4.1.2 Educational Approach +We recognise that not all community members may be fully aware of the challenges faced by marginalised communities. We encourage: +- Asking respectful questions to educate oneself about social justice issues +- Listening to the experiences of marginalised community members +- Engaging constructively with discussions about equality and human rights +- Taking responsibility for one's own education on social justice matters + +#### 4.1.3 Prohibited Responses +The following responses to discussions of oppression and marginalisation are considered violations of this Code: +- Attempting to remain "neutral" or "bow out" of discussions about oppression +- Claiming that discussions of discrimination or social justice are inappropriate or divisive +- Dismissing or minimising the experiences of marginalised community members +- Engaging in "whataboutism" or false equivalencies regarding discrimination + +### 4.2 Intellectual Property and Privacy Rights + +#### 4.2.1 Copyright and Attribution +Community Members must: +- Respect all copyright and intellectual property rights +- Provide appropriate attribution when sharing or referencing others' work +- Obtain permission before sharing copyrighted material +- Comply with fair use principles and applicable copyright laws + +#### 4.2.2 Privacy Protection +Community Members must: +- Respect the privacy of all community members +- Obtain explicit consent before sharing personal information about others +- Protect confidential information shared within community contexts +- Report privacy violations to Community Leaders promptly + +### 4.3 Content Standards and Community Guidelines + +#### 4.3.1 Appropriate Content +All content shared within Our Community must: +- Be relevant to community discussions and purposes +- Comply with platform-specific content policies +- Include appropriate content warnings when discussing potentially triggering topics +- Respect community standards regarding language, imagery, and subject matter + +#### 4.3.2 Content Warnings and Accessibility +Community Members are required to: +- Use content warnings when discussing potentially distressing topics +- Provide alternative text for images and visual content when possible +- Use clear, accessible language and formatting +- Consider the diverse needs of community members when sharing content + +## 5. Reporting Procedures and Incident Response + +### 5.1 Reporting Mechanisms + +#### 5.1.1 Available Reporting Methods +Community Members can report Code of Conduct violations through the following channels: +- **Discord Reporting**: Type `@Moderator` in any channel to alert Community Leaders +- **Direct Communication**: Contact any Community Leader through private messages +- **Email Contact**: Submit reports to contact@nhcarrigan.com +- **Anonymous Reporting**: Use designated anonymous reporting forms where available + +#### 5.1.2 Information to Include in Reports +Effective reports should include: +- Contact information (unless reporting anonymously) +- Names, usernames, or identifiable information for all individuals involved +- Detailed description of the incident, including date, time, and location (online or physical) +- Screenshots, chat logs, or other relevant evidence +- Context information that may be relevant to understanding the situation +- Any previous related incidents or patterns of behaviour +- Impact statement describing how the incident has affected you or others + +### 5.2 Report Handling and Investigation Procedures + +#### 5.2.1 Initial Response Protocol +Upon receiving a report, Community Leaders will: +- Acknowledge receipt within 24 hours when possible +- Conduct an initial assessment of the report's severity and scope +- Take immediate protective measures if necessary to ensure community safety +- Recuse any Community Leaders who have conflicts of interest in the matter +- Begin formal investigation procedures within 72 hours + +#### 5.2.2 Investigation Standards +All investigations will adhere to the following standards: +- **Thoroughness**: Complete examination of all evidence and witness statements +- **Impartiality**: Fair consideration of all perspectives and evidence +- **Confidentiality**: Protection of all parties' privacy to the extent possible +- **Timeliness**: Completion of investigations in a reasonable timeframe +- **Documentation**: Proper record-keeping for accountability and consistency + +#### 5.2.3 Confidentiality and Privacy Protection +Community Leaders commit to: +- Respecting confidentiality requests from reporters and witnesses +- Limiting information sharing to those with legitimate need-to-know +- Protecting the identity of anonymous reporters +- Balancing transparency with privacy protection +- Never revealing harassment victims' identities without explicit, affirmative consent + +### 5.3 Response and Resolution Options + +#### 5.3.1 Protective Measures +Community Leaders may implement immediate protective measures including: +- Temporary suspension of accused individuals pending investigation +- Modification of access permissions or privileges +- Implementation of no-contact orders between parties +- Enhanced monitoring of specific community areas or interactions + +#### 5.3.2 Public Statements and Warnings +At Community Leaders' discretion, we may: +- Issue public statements regarding individuals who pose community safety risks +- Provide private warnings to third parties when necessary for community protection +- Publish aggregate data about Code of Conduct violations for transparency +- Name individuals in public warnings when community safety requires such disclosure + +## 6. Disciplinary Framework and Enforcement + +### 6.1 Enforcement Philosophy and Principles + +#### 6.1.1 Core Enforcement Principles +Our disciplinary system operates according to the following principles: +- **Proportionality**: Sanctions are proportionate to the severity of violations +- **Consistency**: Similar violations receive similar responses across cases +- **Education**: Emphasis on learning and behaviour modification where appropriate +- **Restorative Justice**: Focus on repairing harm and restoring community relationships when possible +- **Progressive Response**: Escalating sanctions for repeated violations +- **Community Safety**: Ultimate priority on protecting community members from harm + +#### 6.1.2 Authority and Responsibility +Community Leaders have both the authority and responsibility to: +- Remove, edit, or reject contributions that violate this Code +- Temporarily or permanently ban individuals who engage in harmful behaviour +- Take any action deemed necessary to protect community safety and integrity +- Apply disciplinary measures fairly, consistently, and transparently +- Document all enforcement actions for accountability and review + +### 6.2 Violation Assessment Criteria + +#### 6.2.1 Sanctionable Conduct +Disciplinary sanctions may be imposed for: +- Direct violations of this Code of Conduct or associated community policies +- Behaviour that violates the spirit of community standards even if not explicitly prohibited +- Repeated conduct that has been previously addressed through warnings or lesser sanctions +- Attempts to circumvent or evade existing sanctions +- Behaviour that demonstrates disregard for community values and member safety + +#### 6.2.2 Aggravating and Mitigating Factors +When determining appropriate sanctions, Community Leaders consider: + +**Aggravating Factors:** +- Repeat violations or patterns of problematic behaviour +- Targeting of vulnerable or marginalised community members +- Abuse of position, authority, or trust +- Refusal to acknowledge wrongdoing or engage constructively with the disciplinary process +- Violations that cause significant harm to individuals or the community + +**Mitigating Factors:** +- First-time violations with demonstration of understanding and remorse +- Voluntary disclosure of violations or cooperation with investigations +- Evidence of genuine efforts to modify behaviour +- Acknowledgement of wrongdoing and commitment to improvement +- Circumstances that may have contributed to the violation + +### 6.3 Progressive Disciplinary System + +#### 6.3.1 Level 1: Formal Reminder and Education +**Typical Application:** +- First-time violations of community standards +- Use of inappropriate language or unprofessional behaviour +- Minor violations that appear to stem from misunderstanding of community standards + +**Standard Consequences:** +- Public or private formal reminder about appropriate conduct +- Clear explanation of the violated standard and expected behaviour +- Educational resources provided to prevent future violations +- Request for public apology when appropriate +- Documentation of the incident for future reference + +**Behavioural Examples:** +- Using language that may be exclusionary or unwelcoming +- Making comments that inadvertently marginalise community members +- Engaging in behaviour that disrupts community discussions +- Sharing content without appropriate warnings or context + +#### 6.3.2 Level 2: Formal Warning and Monitoring +**Typical Application:** +- Violations following previous reminders or educational interventions +- Moderate violations of community standards +- Behaviour that demonstrates disregard for previous feedback + +**Standard Consequences:** +- Formal written warning with clear documentation +- Specific behavioural expectations and requirements outlined +- Enhanced monitoring of community participation +- Potential restrictions on certain community privileges +- Clear communication of consequences for continued violations + +**Behavioural Examples:** +- Continued use of exclusionary language after previous correction +- Minor harassment or targeted negative behaviour +- Repeated disruption of community discussions despite warnings +- Failure to respect others' boundaries after being asked to stop + +#### 6.3.3 Level 3: Temporary Suspension and Mandatory Education +**Typical Application:** +- Serious violations of community standards +- Repeated violations despite previous warnings +- Behaviour that creates an unsafe environment for community members + +**Standard Consequences:** +- Temporary removal from all community platforms (typically 7-30 days) +- Mandatory completion of educational requirements before reinstatement +- Written agreement to adhere to community standards upon return +- Probationary period with enhanced monitoring following reinstatement +- Clear conditions for continued participation in the community + +**Behavioural Examples:** +- Harassment or discriminatory behaviour towards community members +- Sustained inappropriate behaviour despite multiple warnings +- Violations that significantly disrupt community activities or discussions +- Behaviour that makes other community members feel unsafe + +#### 6.3.4 Level 4: Permanent Exclusion +**Typical Application:** +- Severe violations that pose significant risk to community safety +- Patterns of repeated violations with no demonstrated improvement +- Behaviour that fundamentally conflicts with community values + +**Standard Consequences:** +- Permanent ban from all community platforms and activities +- Public statement regarding the exclusion when necessary for community safety +- Reporting to relevant authorities when violations involve illegal activity +- No opportunity for reinstatement or appeal in most cases + +**Behavioural Examples:** +- Serious harassment, threats, or doxxing of community members +- Sustained patterns of discriminatory or oppressive behaviour +- Sexual harassment or other forms of serious misconduct +- Attempts to harm the community or its members through any means + +### 6.4 Special Considerations and Additional Measures + +#### 6.4.1 Enhanced Sanctions +Community Leaders may impose additional requirements or restrictions including: +- Public acknowledgement of wrongdoing and apology to affected parties +- Completion of specific educational programmes or training +- Community service contributions as conditions for reinstatement +- Ongoing behavioural monitoring and reporting requirements +- Restrictions on specific community privileges or leadership opportunities + +#### 6.4.2 Immediate Protection Measures +In cases where immediate action is necessary to protect community safety: +- Temporary suspension may be implemented immediately pending investigation +- Emergency removal from specific platforms or activities may occur +- No-contact orders may be established between involved parties +- Enhanced security measures may be implemented for affected individuals + +## 7. Transparency and Accountability Systems + +### 7.1 Documentation and Record-Keeping + +#### 7.1.1 Comprehensive Logging System +All disciplinary actions are recorded in our public transparency system available at [https://logs.nhcarrigan.com](https://logs.nhcarrigan.com), including: +- Date and time of each disciplinary action +- Type and severity of sanction imposed +- General description of the violation (with privacy protections) +- Platform or community space where the violation occurred +- Anonymised identifier for the sanctioned individual +- Community Leader responsible for implementing the sanction +- Relevant evidence or documentation (with appropriate redaction) + +#### 7.1.2 Privacy Protection in Documentation +While maintaining transparency, we protect individual privacy by: +- Anonymising personally identifiable information in public logs +- Redacting sensitive details that could enable identification of victims +- Balancing transparency with confidentiality requirements +- Providing more detailed information only to authorised personnel + +### 7.2 Appeals and Review Process + +#### 7.2.1 Right to Appeal +Individuals subject to disciplinary sanctions have the right to appeal such decisions through our [formal appeals process](/community/appeal), which includes: +- Review by Community Leaders not involved in the original decision +- Consideration of new evidence or mitigating circumstances +- Opportunity to present alternative perspectives or explanations +- Fair and impartial review of the original decision and its basis + +#### 7.2.2 Appeals Process Integrity +During the appeals process: +- Original sanctions remain in effect pending review +- Appeals are reviewed by impartial Community Leaders +- Decisions are based on evidence and established community standards +- Final appeal decisions are communicated with detailed reasoning + +### 7.3 Community Oversight and Continuous Improvement + +#### 7.3.1 Regular Review and Assessment +Our disciplinary system undergoes regular review including: +- Annual assessment of consistency in sanction application +- Community feedback collection on disciplinary processes +- Review of appeals outcomes to identify systemic issues +- Updates to policies and procedures based on community evolution + +#### 7.3.2 Community Leader Accountability +Community Leaders are held accountable through: +- Regular training on community standards and disciplinary procedures +- Peer review of disciplinary decisions for consistency +- Performance evaluation including community feedback +- Consequences for Community Leaders who fail to uphold community standards + +## 8. Advertising, Promotion, and Commercial Activity + +### 8.1 General Prohibition on Commercial Activity + +#### 8.1.1 Scope of Prohibition +Commercial advertising and self-promotion are generally prohibited within Our Community spaces, including: +- Unsolicited promotion of products, services, websites, or social media accounts +- Commercial advertising or marketing communications +- Promotion of competing communities, platforms, or services +- Affiliate marketing or referral link sharing +- Solicitation for commercial purposes or business development + +#### 8.1.2 Rationale for Restrictions +These restrictions exist to: +- Maintain focus on community purposes and objectives +- Prevent exploitation of community relationships for commercial gain +- Ensure equal participation opportunities for all members +- Protect community members from unwanted commercial solicitation + +### 8.2 Authorised Exceptions and Permitted Activities + +#### 8.2.1 Approved Commercial Activities +The following activities are permitted when explicitly authorised: +- Official announcements or promotions approved by Community Leaders +- Sharing of resources directly relevant to ongoing discussions when done in good faith +- Links or information specifically requested by Community Leaders for support or moderation purposes +- Educational resources that provide value to the community without primary commercial purpose + +#### 8.2.2 Context-Appropriate Sharing +Limited sharing may be acceptable when: +- Content is directly relevant to current discussions or community needs +- Sharing is done transparently without hidden commercial motives +- The primary purpose is education or community benefit rather than promotion +- Appropriate disclosure of any commercial relationships or affiliations is provided + +### 8.3 Compliance and Enforcement + +#### 8.3.1 Disclosure Requirements +When sharing any content with potential commercial implications, Community Members must: +- Clearly disclose any personal, professional, or financial relationships with promoted entities +- Identify themselves when sharing content from projects or organisations with which they are affiliated +- Be transparent about any potential benefits they may receive from community members' engagement + +#### 8.3.2 Violation Consequences +Violations of advertising and promotion restrictions will be addressed through: +- Content removal and community member education for minor violations +- Formal warnings for repeated or more serious promotional activities +- Temporary or permanent sanctions for egregious commercial exploitation +- Referral to relevant authorities for violations that may constitute spam or fraud + +## 9. Language Requirements and Communication Standards + +### 9.1 Official Language Policy + +#### 9.1.1 English as Primary Language +The official language of Our Community is English, and all community interactions, discussions, and contributions should be conducted in English to ensure: +- Clear communication among all community members +- Effective moderation and community management +- Consistency across all community platforms and activities +- Accessibility for the broadest range of community members + +#### 9.1.2 Scope of Application +The English language requirement applies to: +- All public discussions and communications within community spaces +- Documentation, contributions, and community-generated content +- Official communications and announcements +- Support requests and community assistance interactions +- Disciplinary and administrative communications + +### 9.2 Support for Non-Native English Speakers + +#### 9.2.1 Inclusive Approach +We actively support non-native English speakers by: +- Encouraging patience and understanding from all community members +- Providing assistance with language barriers when appropriate +- Focusing on the substance of contributions rather than perfect grammar or syntax +- Offering clarification and rephrasing when communication difficulties arise + +#### 9.2.2 Accommodation Measures +Community Members are encouraged to: +- Help clarify or rephrase messages when language barriers exist +- Provide gentle correction or assistance when requested +- Use clear, simple language to facilitate understanding +- Be patient with translation delays or communication difficulties + +### 9.3 Limited Exceptions and Special Circumstances + +#### 9.3.1 Permitted Exceptions +Limited use of languages other than English may be acceptable for: +- Brief translations provided to assist community members, when immediately accompanied by English translation +- Cultural sharing or educational content when clearly contextualised and explained in English +- Emergency situations where immediate communication is necessary +- Specific community events or activities explicitly designated as multilingual + +#### 9.3.2 Translation and Accessibility Tools +Community Members may: +- Use translation tools to assist with participation, provided English content is also included +- Request assistance with translation when needed for full participation +- Offer translation assistance to other community members when appropriate + +## 10. Implementation, Amendment, and Enforcement + +### 10.1 Code Implementation and Effective Date + +#### 10.1.1 Immediate Effect +This Code of Conduct takes effect immediately upon publication and applies to all community interactions occurring after its implementation. Community Members are responsible for familiarising themselves with these standards and ensuring compliance in all community activities. + +#### 10.1.2 Retroactive Considerations +While this Code primarily governs future conduct, Community Leaders reserve the right to consider past behaviour patterns when assessing current community participation and determining appropriate responses to new violations. + +### 10.2 Amendment and Update Procedures + +#### 10.2.1 Amendment Authority +This Code may be amended, updated, or modified at any time by Community Leaders to: +- Address emerging community issues or challenges +- Incorporate lessons learned from community experiences +- Reflect changes in legal requirements or best practices +- Respond to community feedback and suggestions for improvement + +#### 10.2.2 Change Communication +Significant amendments to this Code will be communicated to the community through: +- Announcements in primary community channels +- Updates to community documentation and resources +- Direct notification to Community Leaders and active participants +- Clear indication of changes in publicly accessible versions + +### 10.3 Enforcement Authority and Discretion + +#### 10.3.1 Community Leader Authority +Community Leaders possess both the authority and obligation to: +- Interpret and apply this Code consistently and fairly +- Take any action deemed necessary to protect community safety and integrity +- Modify or expand enforcement procedures as community needs evolve +- Collaborate with external authorities when violations involve illegal activity + +#### 10.3.2 Discretionary Enforcement +While this Code provides comprehensive guidance, Community Leaders retain discretion to: +- Address situations not explicitly covered by written policies +- Apply contextual judgment in complex or unusual circumstances +- Implement innovative solutions to emerging community challenges +- Prioritise community safety and well-being over rigid rule application + +### 10.4 Legal and Operational Integration + +#### 10.4.1 Relationship to Other Policies +This Code operates in conjunction with and supplements: +- Terms of Service and User Agreements +- Privacy Policies and Data Protection Measures +- Platform-specific Terms of Use and Community Guidelines +- Applicable laws and regulations governing online communities + +#### 10.4.2 Conflict Resolution +In the event of conflicts between this Code and other policies: +- The provision that provides greater protection for community members shall take precedence +- Community Leaders will interpret policies to maximise safety and inclusivity +- Ambiguities will be resolved in favour of community protection and welfare + +--- + +## Acknowledgement and Compliance Declaration + +By participating in Our Community, all Community Members explicitly acknowledge that they have: + +1. **Read and Understood** this Code of Conduct in its entirety +2. **Agreed to Comply** with all provisions, standards, and requirements outlined herein +3. **Accepted Responsibility** for their conduct and its impact on other community members +4. **Committed to Upholding** the values and principles that define our community +5. **Recognised the Authority** of Community Leaders to enforce these standards -But attempting to "bow out" of a discussion, or to claim you are remaining neutral when an under-represented person shares their experiences with oppression and anti-* legislation, is just as bad as siding against those underprivileged classes. - -As such, behaviour like this is considered a violation of our Code of Conduct and will be actioned accordingly. - -### 3.5. Content and Communication - -- No explicit sexual images or behavior. -- No use of slurs or hateful terminology. -- Content warnings should be used when discussing potentially triggering topics. - -### 3.6. Intellectual Property and Privacy - -- Respect copyright and intellectual property rights. -- Do not share personal information of others without their explicit consent. - -### 3.7. Community Discussions and Debates - -- Engage in respectful and constructive dialogue. -- Be open to learning from others' perspectives. -- Avoid derailing discussions or intentionally inflaming tensions. - -### 3.8. Reporting and Enforcement - -- Report violations of this Code of Conduct to community leaders promptly. -- Cooperate with community leaders during investigations of reported incidents. -- Respect the privacy of individuals involved in reports and investigations. - -### 3.9. Compliance with Platform-Specific Rules - -- Adhere to the terms of service and community guidelines of any platforms used by Our Community. -- Be aware that certain behaviors may violate platform rules even if not explicitly mentioned in this Code of Conduct. - -### 3.10. Amendments and Interpretations - -- These rules may be amended or expanded as necessary to address emerging issues. -- Community leaders reserve the right to interpret these rules and make decisions in cases where the application of rules may be unclear. - -## 4. Reporting and Response Procedures - -### 4.1. Reporting Methods - -- In Discord: Type @Moderator in any channel to alert community leaders. -- Direct Message: Contact a community leader directly via private message. -- Email: contact@nhcarrigan.com - -### 4.2. Information to Include in Reports - -- Your contact information (unless reporting anonymously) -- Names or descriptions of individuals involved -- Description of the incident, including date, time, and location (online or physical) -- Any relevant screenshots, chat logs, or other evidence -- Any additional context you believe is important - -### 4.3. Handling of Reports - -- We will respond to all reports as promptly as possible. -- If a reported violator is on our staff team, they will be immediately recused from handling the incident. -- All reports will be handled with discretion and confidentiality to the extent possible. - -### 4.4. Confidentiality and Privacy - -- We will respect confidentiality requests, especially to protect victims of abuse. -- Anonymous reporting options are available, though they may limit our ability to investigate. - -### 4.5. Public Statements and Warnings - -- At our discretion, we may publicly name a person about whom we've received harassment complaints. -- We may privately warn third parties about individuals if we believe it will increase community safety. -- We will not name harassment victims without their explicit, affirmative consent. - -### 4.6. False Reports and Abuse of Process - -- We reserve the right to reject reports we believe to have been made in bad faith. -- Reports intended to silence legitimate criticism may be dismissed without response. -- Deliberately false reporting is a violation of this Code of Conduct and may result in sanctions. - -### 4.7. Protection of Reporters and Victims - -- We will take all reasonable steps to protect reporters and victims from retaliation. -- Retaliation against reporters or victims is a serious violation of this Code of Conduct. - -### 4.8. Investigation Process - -- We will conduct a thorough and impartial investigation of all reports. -- Investigations will be conducted as quickly as possible while ensuring thoroughness. -- All parties involved will be given an opportunity to present their perspective. - -### 4.9. Outcomes and Appeals - -- After investigation, we will determine appropriate actions based on the evidence. -- We will communicate outcomes to involved parties as appropriate, respecting privacy concerns. -- An appeals process will be available for individuals who believe a decision was made in error. - -### 4.10. Continuous Improvement - -- We will regularly review our reporting and response procedures to ensure their effectiveness. -- Feedback on these procedures is welcome and will be considered for future improvements. - -### 4.11. Support for Community Leaders - -- We recognize the potential for burnout among our volunteer moderators and leaders. -- We will provide support and resources to our community leaders to help them manage their responsibilities effectively. - -## 5. Sanctions and Enforcement - -### 5.1. General Principles - -- Participants must immediately comply when asked to stop any harmful behavior. -- Community leaders may take any appropriate action in response to harmful behavior. -- All sanctions will be applied fairly, consistently, and proportionally to the violation. - -### 5.2. Authority of Community Leaders - -- Community leaders have the right and responsibility to remove, edit, or reject contributions not aligned with this Code of Conduct. -- Leaders commit to applying these principles fairly and consistently in all aspects of community management. -- Leaders who fail to follow or enforce the Code of Conduct may be permanently removed from their position. - -### 5.3 Sanction Criteria - -The following list outlines the criteria used when determining if a sanction should be issued. - -- Behaviour which violates this Code of Conduct, our Community Guidelines, or our other public policies. -- Behaviour which our staff feel is not in the spirit of the policy, even if it is not violating the letter of the policy. -- Repeated behaviour that has been previously sanctioned, as outlined in our escalation policy. -- Attempts to circumvent sanctions, such as ban evasion. - -### 5.4. Privacy and Security - -- All community leaders are obligated to respect the privacy and security of incident reporters. -- Information about sanctions will be shared on a need-to-know basis. - -### 5.5. Gradated Sanction System - -Community leaders will follow these Community Impact Guidelines in determining consequences: - -#### 5.5.1. Level 1: Reminder - -- Example Behavior: Use of inappropriate language or other behavior deemed unprofessional or unwelcome. -- Consequences: - - A public, written reminder from community leaders - - Clarification of the violation and why the behavior was inappropriate - - A public apology may be requested - -#### 5.5.2. Level 2: Warning - -- Example Behavior: A violation through a single incident or series of actions. -- Consequences: - - A formal warning - - Clear communication of consequences for continued behavior - - Incident is logged for future reference - -#### 5.5.3. Level 3: Temporary Removal - -- Example Behavior: A serious violation of community standards or sustained inappropriate behavior. -- Consequences: - - Temporary removal from community platforms (e.g., Discord kick) - - Clear conditions for return, including a cooling-off period - - Requirement to re-read and acknowledge the Code of Conduct before rejoining - -#### 5.5.4. Level 4: Permanent Ban - -- Example Behavior: Pattern of violations, sustained inappropriate behavior, harassment, or aggression towards individuals or groups. -- Consequences: - - Permanent ban from all community platforms - - Public statement may be made, if deemed necessary for community safety - -### 5.6. Additional Sanction Considerations - -- Repeated violations will generally result in escalating sanctions. -- The severity of the violation may warrant skipping levels in the sanction system. -- Community leaders may impose additional requirements, such as public apologies or community service, as conditions for continued participation. - -### 5.7. Appeals Process - -- Individuals may appeal sanctions by [completing the form](/community/appeal) -- Appeals will be reviewed by leaders not involved in the original decision. -- During the appeal, the original sanction remains in effect. - -### 5.8. Documentation and Transparency - -- All formal sanctions will be publicised for review and consistency. Sanctions can be viewed at https://logs.nhcarrigan.com. -- Aggregate data on Code of Conduct violations and sanctions may be published periodically to ensure transparency. - -### 5.9. Rehabilitation and Education - -- Where appropriate, we will provide resources and support for individuals to learn from their mistakes and improve their behavior. -- For less severe violations, completion of educational programs may be offered as an alternative or supplement to other sanctions. - -### 5.10. Legal Implications - -- In cases of illegal activity, appropriate legal authorities may be notified. -- Our sanctions do not preclude or replace any legal action that may be warranted. - -### 5.11. Regular Review - -- This sanction system will be reviewed periodically to ensure its effectiveness and fairness. -- Community feedback on the sanction system is welcome and will be considered in reviews. - -## 6. Moderation Logs and Transparency - -### 6.1. Purpose of Moderation Logs - -- To ensure transparency in moderation sanctions -- To maintain accountability of the moderation team to community members -- To provide a clear record of enforcement of the Code of Conduct - -### 6.2. Scope of Logged Actions - -- All moderation sanctions across all community platforms will be logged -- This includes, but is not limited to: - - Warnings issued - - Temporary removals or suspensions - - Permanent bans - - Appeals and their outcomes - -### 6.3. Location of Moderation Logs - -- All moderation sanctions will be publicly logged at https://logs.nhcarrigan.com -- The log will be accessible to all community members - -### 6.4. Information Included in Logs - -- Date and time of the action -- Type of action taken -- Reason for the action -- Platform where the violation occurred -- Identifier of the user who received the action -- Identifier of the leader who performed the action -- Any relevant evidence - -### 6.5. Privacy Considerations - -- In cases where privacy is crucial (e.g., harassment reports), certain details may be omitted or generalized - -### 6.6. Accessibility of Logs - -- The moderation log channel will be read-only for regular community members -- Community members can request clarification on logged sanctions through appropriate channels - -### 6.7. Retention of Logs - -- Moderation logs will be retained for a period of no less than 1 year. - - After this period, logs may be archived or summarized for long-term record-keeping - -### 6.8. Audit and Review - -- Moderation logs will be periodically reviewed by community leadership to ensure consistency and fairness in enforcement -- Annual reports summarizing moderation actions may be published to the community - -### 6.9. Dispute Resolution - -- If a community member believes a moderation action was taken in error, they can refer to the logs and follow the appeals process outlined in the Sanctions section - -### 6.10. Moderator Accountability - -- Patterns of biased or inconsistent moderation will be addressed by community leadership -- Moderators who consistently fail to log their actions may have their privileges revoked - -### 6.11. Feedback and Improvement - -- Community members are encouraged to provide feedback on the moderation log system -- The logging process will be reviewed periodically and may be adjusted to better serve the community's needs - -## 7. Advertising and Promotion - -### 7.1. General Prohibition - -- Advertising and self-promotion are generally not permitted within our community spaces. -- This includes, but is not limited to, unsolicited promotion of products, services, websites, social media accounts, or other communities. - -### 7.2. Exceptions - -- Links or information expressly requested by our team for support or moderation purposes. -- Sharing of resources directly relevant to ongoing discussions, when done in good faith and not for commercial gain. -- Official announcements or promotions approved by community leadership. - -### 7.3. Support and Moderation Contexts - -- Community members may be asked to provide links or information to assist with support inquiries or moderation investigations. -- In these cases, sharing such information is permitted and encouraged. - -### 7.4. Relevance and Context - -- Any shared links or information must be directly relevant to the current discussion or inquiry. -- The relevance and appropriateness of shared content will be at the discretion of community leaders. - -### 7.5. Disclosure of Affiliations - -- If sharing information about a product or service with which you have a personal or professional affiliation, this affiliation must be clearly disclosed. - -### 7.6. Consequences of Violation - -- Violations of this policy will be treated as a breach of the Code of Conduct. -- Consequences may range from content removal to temporary or permanent bans, depending on the severity and frequency of violations. - -### 7.7. Appeals and Clarifications - -- If you are unsure whether specific content would be considered advertising, consult with a community leader before posting. -- If your content is removed under this policy, you may appeal the decision through the established channels outlined in the Sanctions section. - -## 8. Languages - -### 8.1. Official Language - -- The official language of our community is English. -- All community interactions, discussions, and contributions should be in English. - -### 8.2. Scope of English-Only Policy - -- This policy applies to all community spaces, including but not limited to: - - Discord channels - - GitHub discussions and issues - - Documentation - - Official communication channels - -### 8.3. Multilingual Applications - -- Even if our applications or services are offered in multiple languages, community discussions about them must be conducted in English. - -### 8.4. Rationale - -- To ensure clear communication among all community members. -- To facilitate effective moderation and support. -- To maintain consistency across all community platforms. - -### 8.5. Exceptions - -- Specific channels or sections designated for other languages, if explicitly created and approved by community leadership. -- Brief translations to assist non-native English speakers, when immediately followed by an English translation. - -### 8.6. Support for Non-Native Speakers - -- We encourage patience and understanding towards non-native English speakers. -- Community members are encouraged to help clarify or rephrase messages if there's a language barrier, while maintaining English as the primary language. - -### 8.7. Translation Tools - -- While automatic translation tools may be used personally, the original English content should be included in all community interactions. +This Code represents our collective commitment to building and maintaining a community that serves as a model for inclusive, respectful, and productive online collaboration. + +--- + +*This Community Code of Conduct was last updated on 15 September 2025 and supersedes all previous versions. For questions regarding this Code or to report violations, please contact our Community Leaders through the designated reporting channels outlined above.* \ No newline at end of file diff --git a/src/content/docs/community/guide.md b/src/content/docs/community/guide.md index 59a5f3e..6b2c8e3 100644 --- a/src/content/docs/community/guide.md +++ b/src/content/docs/community/guide.md @@ -1,497 +1,1209 @@ --- -title: Community Guidelines +title: Community Guidelines and Best Practices --- -## 1. Introduction +# COMMUNITY GUIDELINES AND BEST PRACTICES -Welcome to our community. These guidelines are designed to foster a safe, respectful, and productive environment for all members. While not exhaustive or legally binding, adherence to these principles is strongly encouraged to maintain the integrity and value of our community. +## 1. Introduction and Framework -### 1.1. Purpose +### 1.1 Purpose and Scope -The purpose of these Community Guidelines is to: +These Community Guidelines (hereinafter referred to as "the Guidelines") serve as a comprehensive framework for fostering positive, productive, and meaningful interactions within our community ecosystem. Whilst these Guidelines represent recommended best practices rather than mandatory requirements, adherence to these principles is strongly encouraged and contributes significantly to maintaining the high standards, integrity, and collaborative spirit that define our community. -1. Promote positive interactions and meaningful discussions -1. Protect the well-being and rights of all community members -1. Maintain a welcoming atmosphere for diverse perspectives and backgrounds +### 1.2 Relationship to Mandatory Policies -### 1.2 Scope +These Guidelines operate in conjunction with and supplement our mandatory Community Code of Conduct. Where any provision of these Guidelines conflicts with our Code of Conduct, the Code of Conduct shall take precedence as the binding standard. Nothing contained within these Guidelines shall supersede, modify, or diminish the requirements established by our Code of Conduct. -These guidelines apply to all forms of interaction within our community, including but not limited to: +### 1.3 Community Objectives -- Forum discussions -- Comment sections -- Direct messaging -- Live events or webinars -- Social media interactions associated with our community +The primary objectives of these Guidelines are to: +1. **Promote Excellence**: Encourage high-quality contributions and meaningful dialogue +2. **Foster Inclusion**: Create welcoming environments for individuals from diverse backgrounds and experience levels +3. **Facilitate Growth**: Support both individual learning and collective community development +4. **Maintain Standards**: Preserve the professional and collaborative atmosphere that characterises our community +5. **Encourage Participation**: Provide clear guidance for constructive engagement at all levels -### 1.3 Encouragement to Participate +### 1.4 Voluntary Nature and Benefits -We highly value your contributions and encourage you to: +Whilst compliance with these Guidelines is voluntary, community members who consistently demonstrate these behaviours typically experience: +- Enhanced reputation and standing within the community +- Improved collaborative relationships with fellow members +- Greater opportunities for meaningful contribution and leadership +- Increased satisfaction and fulfilment from community participation + +## 2. Staff Interaction and Professional Relationships + +### 2.1 Recognition of Voluntary Service + +Our community staff members, including moderators, administrators, and support personnel, generously volunteer their time, expertise, and energy to maintain safe, welcoming, and productive community environments. These individuals dedicate significant personal resources to ensure that our community remains accessible, secure, and beneficial for all participants. + +### 2.2 Professional Courtesy and Respect + +#### 2.2.1 Fundamental Principles +Community members are encouraged to demonstrate professional courtesy and respect in all interactions with staff by: +- Acknowledging the challenges inherent in moderating online communities +- Recognising that staff members are volunteers balancing community service with personal commitments +- Approaching staff interactions with patience, understanding, and constructive intent +- Expressing gratitude for staff efforts and contributions when appropriate + +#### 2.2.2 Communication Standards +Effective communication with staff members should demonstrate: +- Clear, respectful, and professional language +- Specific descriptions of issues or concerns rather than general complaints +- Constructive suggestions for improvement when raising concerns +- Recognition of resource constraints and competing priorities -1. Actively engage in discussions and share your knowledge -2. Provide constructive feedback and support to fellow members -3. Report any concerns or violations to the community moderators -4. Suggest improvements to enhance the community experience +### 2.3 Staff Authority and Decision-Making Process + +#### 2.3.1 Scope of Authority +Staff members are vested with authority to make decisions necessary for maintaining community safety, order, and positive atmosphere. This authority includes, but is not limited to: +- Interpreting and applying community policies and guidelines +- Managing community resources and access permissions +- Addressing conflicts and disciplinary matters +- Implementing changes to improve community operations + +#### 2.3.2 Recognition of Human Limitations +Community members should recognise that staff members, being human, may occasionally: +- Make decisions that appear inconsistent or questionable +- Experience variations in judgement due to personal circumstances +- Require additional information to make fully informed decisions +- Benefit from constructive feedback and alternative perspectives + +### 2.4 Dispute Resolution and Appeals Process + +#### 2.4.1 Constructive Approach to Disagreements +When community members disagree with staff decisions, the recommended approach includes: + +1. **Pause and Reflect**: Allow time for emotional responses to subside before responding +2. **Gather Information**: Collect relevant facts, documentation, and context +3. **Consider Alternative Perspectives**: Attempt to understand the rationale behind staff decisions +4. **Document Concerns**: Prepare clear, factual descriptions of specific issues + +#### 2.4.2 Inappropriate Response Patterns +Community members should avoid the following counterproductive behaviours: +- Direct confrontation or argumentative challenges to staff authority +- Public criticism or undermining of staff decisions +- Emotional outbursts or personal attacks directed at staff members +- Demands for immediate resolution without allowing adequate consideration time + +#### 2.4.3 Formal Appeals Process +For situations where informal resolution is insufficient, our formal [appeals process](/community/appeal) provides: +- Confidential review by independent decision-makers +- Thorough examination of evidence and circumstances +- Fair consideration of all relevant perspectives and information +- Transparent communication of outcomes and reasoning + +### 2.5 Appeals Process Integrity and Accessibility + +#### 2.5.1 Confidential Review System +Our appeals system ensures: +- **Independent Review**: Appeals are reviewed by senior staff not involved in original decisions +- **Confidential Processing**: All appeals information is treated with strict confidentiality +- **Privacy Protection**: Appellant identities are protected throughout the process +- **Information Security**: Submission details are shared only on a need-to-know basis for investigation purposes + +#### 2.5.2 Impartial Assessment +The appeals review process guarantees: +- Fair consideration of all evidence and perspectives +- Unbiased evaluation based on community standards and policies +- Thorough investigation of factual claims and circumstances +- Reasoned decision-making documented for accountability + +### 2.6 Post-Sanction Conduct and Improvement + +#### 2.6.1 Constructive Response to Disciplinary Actions +Community members who receive disciplinary sanctions are encouraged to: + +**Positive Actions:** +- Discontinue the behaviour that resulted in sanction immediately +- Reflect thoughtfully on the circumstances that led to the disciplinary action +- Engage with educational resources or guidance provided by staff +- Demonstrate genuine commitment to behaviour modification and improvement +- Maintain respectful, professional demeanour in all subsequent interactions +- Focus on contributing positively to community discussions and activities + +#### 2.6.2 Counterproductive Response Patterns +Community members should avoid the following behaviours following disciplinary actions: +- Continuing the sanctioned behaviour in modified or disguised forms +- Attempting to circumvent policies through technical loopholes or creative interpretations +- Making passive-aggressive comments about community policies, staff decisions, or disciplinary actions +- Engaging in comparative arguments about other members' conduct or perceived inconsistencies +- Displaying resentment, hostility, or non-cooperation with staff or community standards + +#### 2.6.3 Growth and Learning Opportunities +Disciplinary situations, whilst challenging, offer opportunities for: +- Personal growth and improved self-awareness +- Enhanced understanding of community standards and expectations +- Development of better communication and interaction skills +- Demonstration of resilience and commitment to community values + +## 3. Plural Systems Support and Inclusivity + +### 3.1 Understanding and Recognition + +#### 3.1.1 Definitions and Concepts +Plural systems refer to individuals who experience multiple distinct identities, personality states, or conscious entities sharing a single physical body. These identities, commonly referred to as "alters," "headmates," or "system members," may have different names, preferences, communication styles, and roles within the system's functioning. + +#### 3.1.2 Community Commitment to Inclusion +Our community explicitly recognises, values, and supports plural systems as full and equal members. We are committed to: +- Creating safe, welcoming environments for all system members +- Respecting the autonomy and validity of plural experiences +- Supporting system members' right to self-identification and expression +- Promoting understanding and acceptance throughout our community + +### 3.2 Respectful Interaction Guidelines + +#### 3.2.1 Privacy and Boundaries +Community members should demonstrate respect for plural systems by: +- **Respecting Privacy**: Never pressuring systems to disclose information about their plurality, individual alters, or system dynamics +- **Honouring Boundaries**: Accepting the level of information systems choose to share without requesting additional details +- **Avoiding Assumptions**: Not making judgements about system validity, formation, or functioning based on limited information +- **Supporting Autonomy**: Recognising systems' right to manage their own disclosure and participation decisions + +#### 3.2.2 Prohibited Behaviours +The following behaviours are inappropriate and may constitute harassment: +- Attempting to identify which alter is "fronting" (actively controlling the body) without permission +- Using plural-related proxying services to impersonate or mock plural experiences +- Questioning the legitimacy or validity of someone's plural identity +- Making unsolicited comments about the causes or origins of plurality +- Offering unwanted advice about system management or integration + +### 3.3 Communication Best Practices + +#### 3.3.1 Appropriate Addressing and Recognition +When interacting with plural systems: +- **Use Preferred Names and Pronouns**: Address individual alters by their chosen names and pronouns when known +- **Ask for Clarification Respectfully**: If uncertain about how to address someone, politely request guidance +- **Adapt to Communication Styles**: Recognise that different alters may have distinct communication preferences and styles +- **Maintain Consistency**: Remember and apply individual preferences across interactions when possible + +#### 3.3.2 Switching and Communication Changes +Community members should understand that: +- Different alters may participate in conversations at different times (switching) +- Communication styles, interests, or responses may change when different alters are active +- Systems may need time to communicate internally or may experience communication delays +- Patience and flexibility enhance positive interactions with plural community members + +### 3.4 Educational Approach and Community Development + +#### 3.4.1 Promoting Understanding +Our community encourages education about plurality through: +- Sharing of appropriate educational resources and information +- Respectful dialogue about plural experiences when welcomed by system members +- Community-wide initiatives to increase awareness and acceptance +- Training for staff members on inclusive practices for plural individuals + +#### 3.4.2 Resource Direction and Support +Rather than placing educational burdens on individual systems: +- Direct general questions about plurality to appropriate educational resources +- Consult established literature, organisations, or informational websites +- Participate in community educational initiatives when available +- Seek information from systems only when they have explicitly welcomed such inquiries + +## 4. Tone Tags and Communication Enhancement + +### 4.1 Understanding Tone Tags and Their Purpose + +#### 4.1.1 Communication Challenges in Text-Based Environments +Text-based communication inherently lacks many contextual cues available in face-to-face interaction, including: +- Vocal tone, inflection, and emphasis +- Facial expressions and body language +- Timing, pacing, and conversational rhythm +- Environmental context and situational awareness + +These limitations frequently lead to misunderstandings, misinterpretations, and unnecessary conflicts within online communities. + +#### 4.1.2 Solution: Tone Tags as Communication Tools +Tone tags represent a systematic approach to addressing these communication challenges by providing explicit contextual information about the intended tone, purpose, or emotional content of messages. These brief, standardised indicators help clarify intent and reduce misunderstandings. + +### 4.2 Strategic Application of Tone Tags + +#### 4.2.1 Optimal Usage Scenarios +Consider implementing tone tags in the following circumstances: +- **Ambiguous Content**: Messages that could reasonably be interpreted in multiple ways +- **Humour and Sarcasm**: Content intended as humorous, sarcastic, or ironic that might not be immediately apparent +- **Sensitive Topics**: Discussions involving potentially controversial, emotional, or triggering subject matter +- **Cross-Cultural Communication**: Interactions with individuals from different cultural or linguistic backgrounds +- **Accessibility Needs**: Communication with individuals who have expressed difficulty interpreting textual tone + +#### 4.2.2 Preventive Communication Strategy +Proactive use of tone tags can prevent: +- Escalation of minor misunderstandings into significant conflicts +- Emotional distress caused by misinterpretation of intent +- Time-consuming clarification discussions +- Damage to relationships and community trust + +### 4.3 Implementation Guidelines and Best Practices + +#### 4.3.1 Formatting and Placement Standards +Effective tone tag implementation involves: +- **Location**: Place tone tags at the end of the relevant message or section +- **Format**: Enclose tags in forward slashes, e.g., `/j` for joking +- **Multiple Tags**: Use multiple tags when appropriate, e.g., `/s /lh` for sarcastic but lighthearted +- **Consistency**: Apply tags consistently across similar communication contexts + +#### 4.3.2 Comprehensive Tone Tag Reference + +| Tag | Meaning | Usage Context | +|------------------------|--------------------------------------|--------------------------------------------------| +| `/aff` | Affectionate | Expressing care, warmth, or fondness | +| `/apa` | Apathetic | Indicating disinterest or emotional neutrality | +| `/b` | Bitter | Conveying resentment or cynical perspective | +| `/cel` | Celebratory | Expressing joy, excitement, or congratulation | +| `/ci` | Caring Intent | Showing concern or supportive intention | +| `/cj` | Coping Joke | Humour used to manage difficult situations | +| `/co` or `/cf` | Comforting | Offering support, reassurance, or consolation | +| `/ex` | Exaggeration | Indicating deliberate overstatement | +| `/f` | Fake | Marking content as fabricated or fictional | +| `/fam` | Familial | Expressing family-like affection or connection | +| `/fex` | For Example | Introducing illustrative examples | +| `/gen` or `/g` | Genuine | Indicating sincere, authentic communication | +| `/genq` or `/gq` | Genuine Question | Marking questions as sincere inquiries | +| `/gens` or `/gs` | Genuine Suggestion | Offering authentic, helpful recommendations | +| `/hj` | Half Joking | Partially humorous, partially serious content | +| `/hyp` | Hyperbole | Indicating deliberate dramatic exaggeration | +| `/ij` | Inside Joke | Referencing shared humour or experiences | +| `/info` | Information | Providing factual or educational content | +| `/j` | Joking | Indicating humorous intent | +| `/jov` | Jokingly Overreacting | Humorous exaggeration of emotional response | +| `/l`, `/ly` or `/lyr` | Lyrics | Quoting or referencing song lyrics | +| `/lh` | Lighthearted | Maintaining casual, non-serious tone | +| `/li` or `/lit` | Literally | Indicating literal rather than figurative meaning | +| `/lu` | Little Upset | Expressing mild disappointment or frustration | +| `/m` | Metaphorically | Using figurative or symbolic language | +| `/md` | Melodramatic | Indicating theatrical or exaggerated emotion | +| `/nav` | Not A Vent | Clarifying content is not emotional venting | +| `/nay` | Not At You | Directing comments away from specific individuals | +| `/nbh` | Nobody Here | Vague venting not directed at present individuals | +| `/nbr` | Not Being Rude | Clarifying intent to avoid perceived hostility | +| `/nc` or `/neg` | Negative Connotation | Indicating critical or disapproving tone | +| `/ncm` | Not Comparing | Avoiding comparative judgements | +| `/neu` | Neutral Connotation | Maintaining emotionally neutral tone | +| `/nf` | Not Forced | Indicating voluntary rather than pressured action | +| `/nm` | Not Mad | Clarifying absence of anger or upset | +| `/np` | No Pressure | Removing obligation or expectation | +| `/npa` | Not Passive Aggressive | Clarifying direct rather than indirect communication | +| `/nsx` or `/nx` | Non Sexual Intent | Clarifying platonic rather than romantic meaning | +| `/ny` | Not Yelling | Indicating emphasis rather than anger | +| `/op` | Optional | Marking suggestions as non-mandatory | +| `/ot` | Off Topic | Acknowledging deviation from main discussion | +| `/p` or `/plat` | Platonic | Indicating friendship rather than romantic interest | +| `/pc` or `/pos` | Positive Connotation | Expressing approval or supportive perspective | +| `/q` | Quote | Referencing external sources or statements | +| `/ref` | Reference | Alluding to shared cultural or contextual knowledge | +| `/rh`, `/rt` or `/rhq` | Rhetorical Question | Posing questions for effect rather than answers | +| `/s` or `/sar` | Sarcastic | Employing ironic or mocking humour | +| `/srs` | Serious | Indicating sincere, non-humorous intent | +| `/sym` | Sympathetic | Expressing understanding and emotional support | +| `/t` | Teasing | Engaging in playful, non-malicious mockery | +| `/tc`, `/ti` or `/tic` | Typing a Tic | Indicating involuntary typing behaviour | + +### 4.4 Community Etiquette and Respect + +#### 4.4.1 Respectful Response to Tone Tags +Community members should demonstrate respect for tone tag usage by: +- **Interpreting Appropriately**: Adjust message interpretation based on provided tone tags +- **Seeking Clarification**: Politely request explanation for unfamiliar or unclear tags +- **Avoiding Mockery**: Never belittle, mock, or criticise others for using tone tags +- **Supporting Usage**: Encourage tone tag adoption when it would enhance communication + +#### 4.4.2 Accessibility and Inclusion Benefits +Tone tags particularly benefit: +- **Neurodivergent Individuals**: People who may experience difficulty interpreting social cues or implied meanings +- **Non-Native Speakers**: Individuals for whom English cultural and linguistic nuances may be challenging +- **Screen Reader Users**: People using assistive technology who can access tone tag information +- **Anxiety-Prone Communicators**: Individuals who benefit from explicit clarification of intent + +### 4.5 Limitations and Complementary Practices + +#### 4.5.1 Recognising Tool Limitations +Whilst tone tags enhance communication, they should not replace: +- Clear, well-structured writing +- Thoughtful consideration of audience and context +- Direct communication when clarity is essential +- Professional writing standards in formal contexts + +#### 4.5.2 Community-Specific Adaptations +Our community may develop additional tone tags to address specific needs: +- **Community Consensus**: New tags adopted through collective agreement and usage +- **Documentation Updates**: Regular updates to tone tag references and guidelines +- **Cultural Evolution**: Adaptation to emerging communication patterns and community needs + +## 5. Pronoun Usage and Gender Inclusivity + +### 5.1 Importance of Accurate Pronoun Usage + +#### 5.1.1 Fundamental Principle of Respect +Pronouns represent a fundamental aspect of personal identity and self-expression. Using individuals' correct pronouns demonstrates basic respect for their identity and contributes to creating inclusive environments where all community members can participate authentically and comfortably. + +#### 5.1.2 Community Values and Commitment +Our community is committed to: +- **Universal Respect**: Treating all gender identities with equal dignity and consideration +- **Inclusive Practices**: Implementing systems and practices that accommodate diverse pronoun preferences +- **Educational Support**: Providing resources and guidance to help community members learn inclusive practices +- **Safe Expression**: Creating environments where individuals feel secure expressing their authentic identities + +### 5.2 Pronoun Sharing and Display + +#### 5.2.1 Encouraging Universal Participation +We strongly encourage all community members to display their pronouns regardless of gender identity through: +- **Profile Information**: Including pronouns in bio sections and profile descriptions +- **Platform Features**: Utilising designated pronoun roles, badges, or comparable features when available +- **Display Names**: Incorporating pronouns into usernames or display names when desired +- **Signature Lines**: Adding pronouns to forum signatures or communication templates + +#### 5.2.2 Benefits of Universal Pronoun Sharing +Universal pronoun sharing creates numerous community benefits: + +**Individual Benefits:** +- **Clear Communication**: Eliminates guesswork and potential misgendering +- **Personal Comfort**: Reduces anxiety about gender assumptions and corrections +- **Authentic Expression**: Enables individuals to present their true identities confidently + +**Community Benefits:** +- **Normalisation**: Makes pronoun sharing routine rather than exceptional +- **Inclusivity**: Creates welcoming environments for transgender and non-binary individuals +- **Education**: Raises awareness about gender diversity and respectful practices +- **Safety**: Reduces the risk of inadvertent outing or identity disclosure + +### 5.3 Respectful Pronoun Practices + +#### 5.3.1 Consistent Usage Standards +Community members should consistently: +- **Use Specified Pronouns**: Always employ the pronouns individuals have indicated for themselves +- **Ask When Uncertain**: Politely request pronoun information when it is not readily available +- **Correct Mistakes Promptly**: Acknowledge errors briefly, correct usage, and continue conversations +- **Avoid Assumptions**: Never assume pronouns based on appearance, name, or other characteristics + +#### 5.3.2 Error Correction Protocol +When pronoun mistakes occur: + +**For the Person Making the Error:** +1. **Acknowledge Briefly**: A simple "sorry" or "my mistake" is sufficient +2. **Correct Immediately**: Use the correct pronoun in your next reference +3. **Move Forward**: Don't over-apologise or create unnecessary attention +4. **Learn for Future**: Remember the correct pronouns for ongoing interactions + +**For the Person Witnessing Errors:** +1. **Gentle Correction**: Provide quiet, non-confrontational correction when appropriate +2. **Support the Individual**: Check privately with misgendered individuals if they need support +3. **Avoid Public Scenes**: Don't create dramatic confrontations over honest mistakes + +### 5.4 Diverse Pronoun Options and Recognition + +#### 5.4.1 Comprehensive Pronoun Spectrum +Community members may use various pronoun sets including: + +**Traditional Pronouns:** +- She/her/hers: Commonly used by individuals who identify as female +- He/him/his: Commonly used by individuals who identify as male +- They/them/theirs: Singular usage for individuals who identify as non-binary or prefer gender-neutral language + +**Neopronouns:** +- Xe/xem/xyr: Alternative gender-neutral pronouns +- Ze/zir/zirs: Additional neo-pronoun options +- Fae/faer/faers: Nature-inspired pronoun alternatives +- Custom pronouns: Individually created or preferred alternatives + +**Special Considerations:** +- Any pronouns: Individuals comfortable with any pronoun usage +- Name only: People who prefer their name used instead of pronouns +- Multiple sets: Individuals who use different pronouns in different contexts + +#### 5.4.2 Evolving and Changing Pronouns +Community members should understand that: +- **Pronouns May Change**: Individuals have the right to modify their pronouns at any time +- **Historical Accuracy**: Always use current pronouns, even when discussing past events +- **No Explanation Required**: Pronoun changes do not require justification or detailed explanation +- **Immediate Implementation**: Begin using new pronouns as soon as you become aware of changes + +### 5.5 Community Support and Education + +#### 5.5.1 Creating Learning Opportunities +Our community supports pronoun education through: +- **Resource Sharing**: Providing educational materials about gender identity and pronoun usage +- **Community Discussion**: Facilitating respectful conversations about inclusive practices +- **Mentorship Programs**: Connecting experienced community members with newcomers learning inclusive practices +- **Regular Updates**: Sharing information about evolving best practices and community standards + +#### 5.5.2 Addressing Challenges and Resistance +When community members experience difficulty with pronoun usage: +- **Educational Approach**: Provide patient education and resources rather than immediate punishment +- **Cultural Sensitivity**: Acknowledge different cultural backgrounds whilst maintaining community standards +- **Progressive Improvement**: Recognise that learning takes time and celebrate progress over perfection +- **Clear Boundaries**: Maintain firm standards whilst providing supportive learning environments + +### 5.6 Privacy and Consent Considerations + +#### 5.6.1 Voluntary Disclosure +Whilst pronoun sharing is strongly encouraged, community members should understand that: +- **Personal Choice**: Pronoun sharing remains ultimately voluntary and personal +- **No Pressure**: Never pressure individuals to disclose pronouns if they are uncomfortable doing so +- **Privacy Respect**: Some individuals may have complex reasons for not sharing pronouns publicly +- **Alternative Solutions**: Find respectful ways to communicate without pronouns when necessary + +#### 5.6.2 Confidentiality and Safety +In certain circumstances, pronoun information may require confidential handling: +- **Safety Concerns**: Some individuals may face risk if their gender identity becomes widely known +- **Professional Contexts**: Workplace or academic situations may require careful navigation +- **Family Situations**: Not all individuals have supportive family environments for identity expression +- **Geographic Considerations**: Legal and cultural climates vary significantly across regions + +## 6. Accessibility and Universal Design + +### 6.1 Commitment to Accessibility + +#### 6.1.1 Foundational Principles +Our community is committed to ensuring that all members, regardless of disability status or access needs, can participate fully and meaningfully in all community activities, discussions, and opportunities. This commitment reflects our core values of inclusion, equality, and universal respect for human dignity. + +#### 6.1.2 Universal Design Philosophy +We embrace universal design principles that recognise accessibility benefits extend beyond individuals with specific disabilities: +- **Broader Benefits**: Accessible content is easier for everyone to consume and understand +- **Future-Proofing**: Accessible practices accommodate evolving technology and changing needs +- **Inclusive Culture**: Accessibility awareness creates more thoughtful, inclusive community culture +- **Innovation Driver**: Accessibility requirements often lead to creative solutions that benefit all users + +### 6.2 Visual Content and Alternative Text + +#### 6.2.1 Alternative Text Requirements and Best Practices +All visual content shared within our community should include descriptive alternative text to ensure accessibility for screen reader users and individuals who cannot view images directly. + +**Comprehensive Alt Text Guidelines:** + +**Descriptive Content:** +- Describe the essential visual elements that convey meaning or context +- Include relevant details about setting, characters, objects, or activities depicted +- Mention colours, spatial relationships, and visual composition when relevant to understanding + +**Text Content:** +- Transcribe any text visible within images completely and accurately +- Include text from signs, captions, labels, or written materials +- Describe text formatting (bold, italic, etc.) when it conveys additional meaning + +**Emotional and Artistic Content:** +- Describe mood, atmosphere, or emotional tone when relevant +- Include artistic style, composition, or aesthetic elements that contribute to meaning +- Mention facial expressions, body language, or other emotion-conveying elements + +**Examples of Effective Alt Text:** +- Instead of: "meme" or "funny picture" +- Use: "A photograph of a golden retriever wearing sunglasses sitting at a computer desk, with text reading 'When you finally understand the assignment' in bold white letters" + +#### 6.2.2 Context-Appropriate Description +Effective alternative text considers: +- **Audience Needs**: What information do viewers need to understand the content's purpose? +- **Context Relevance**: How does the image relate to the surrounding discussion or content? +- **Essential Information**: Which visual elements are crucial for comprehension versus decorative? + +### 6.3 Content Structure and Navigation + +#### 6.3.1 Hierarchical Organisation +Well-structured content enhances accessibility and usability for all community members: + +**Heading Structure:** +- Use proper heading hierarchy (H1, H2, H3, etc.) to create logical content organisation +- Ensure headings accurately describe the content that follows +- Avoid skipping heading levels or using headings purely for visual formatting + +**Content Organisation:** +- Break lengthy text into digestible paragraphs and sections +- Use bullet points, numbered lists, or other organisational tools for complex information +- Group related information together under appropriate headings + +#### 6.3.2 Link and Navigation Standards +Accessible navigation requires: + +**Descriptive Link Text:** +- Use link text that clearly indicates the destination or purpose +- Avoid generic phrases like "click here," "read more," or "this link" +- Include context that helps users understand what they'll find at the destination + +**Examples:** +- Instead of: "Click here for more information" +- Use: "View our upcoming community events and registration details" + +### 6.4 Multimedia Content Accessibility + +#### 6.4.1 Video Content Requirements +Video content shared within our community should include: + +**Captions and Subtitles:** +- Accurate transcription of all spoken content +- Description of relevant sound effects, music, or audio cues +- Speaker identification when multiple people are present +- Timing synchronisation between audio and text -### 1.4 Code of Conduct +**Audio Descriptions:** +- Narration of visual content not conveyed through dialogue +- Description of actions, settings, facial expressions, and visual information +- Integration that doesn't interfere with original audio content + +#### 6.4.2 Audio Content Support +Audio-only content benefits from: +- **Complete Transcripts**: Full text versions of audio content +- **Chapter Markers**: Time-stamped section indicators for easy navigation +- **Content Summaries**: Brief descriptions of audio content for quick reference + +### 6.5 Sensitive Content and Seizure Prevention -While many aspects of our Community Guidelines are recommendations, our Code of Conduct establishes non-negotiable standards that ALL community members MUST adhere to in ALL interactions within our community spaces. +#### 6.5.1 Flashing and Moving Content +To protect individuals with photosensitive epilepsy and other conditions: +- **Avoid Rapid Flashing**: Never share content that flashes more than three times per second +- **Provide Warnings**: Include clear warnings before sharing potentially problematic content +- **Alternative Formats**: Offer still images or descriptions as alternatives when possible + +#### 6.5.2 Content Warnings and Preparation +Comprehensive content warnings help individuals prepare for or avoid potentially harmful content: +- **Specific Descriptions**: Provide clear, specific information about content nature +- **Placement**: Position warnings before the potentially problematic content +- **Multiple Formats**: Use both text warnings and visual indicators when appropriate + +### 6.6 Community Support and Continuous Improvement + +#### 6.6.1 Feedback and Enhancement +Our commitment to accessibility includes: +- **Community Input**: Welcoming feedback on accessibility barriers and improvement opportunities +- **Regular Assessment**: Periodic review of accessibility practices and their effectiveness +- **Resource Sharing**: Providing tools, guides, and educational materials about accessibility +- **Collaborative Improvement**: Working together to identify and address accessibility challenges + +#### 6.6.2 Education and Awareness +Building accessibility awareness throughout our community involves: +- **Training Opportunities**: Offering education about disability awareness and inclusive practices +- **Resource Development**: Creating guides and tools to support accessible content creation +- **Cultural Change**: Fostering community norms that prioritise accessibility and inclusion +- **Recognition Programs**: Celebrating community members who demonstrate exceptional commitment to accessibility + +## 7. Content Warnings and Trauma-Informed Practices + +### 7.1 Trauma-Informed Community Approach + +#### 7.1.1 Understanding Trauma Impact +Our community recognises that many individuals have experienced various forms of trauma, and exposure to related content can cause significant distress, trigger harmful memories, or impact mental health. Content warnings represent our commitment to trauma-informed practices that prioritise community member safety and well-being. + +#### 7.1.2 Community Safety Framework +Content warnings contribute to community safety by: +- **Informed Consent**: Enabling individuals to make educated decisions about content engagement +- **Risk Reduction**: Minimising unintentional exposure to potentially harmful content +- **Control and Agency**: Providing individuals with control over their content consumption +- **Inclusive Environment**: Creating spaces where trauma survivors can participate safely + +### 7.2 Mandatory Content Warning Policy + +#### 7.2.1 Universal Requirement +Content and trigger warnings are **mandatory** across all community spaces and platforms. This requirement reflects our commitment to community safety and accessibility. -Nothing in this guide may supercede or overwrite the Code of Conduct. - -## 2. Interacting with Staff - -Please remember that our staff members generously volunteer their time to help our community remain safe and welcoming. Above all else, be kind to them - moderating online spaces is *hard*, and we don't need to make it harder on them! - -### 2.1 Respect for Authority - -Our staff team consists of trusted members empowered with tools to maintain community safety and harmony. While they strive for fairness and consistency, it's important to recognize their human nature and the potential for occasional errors. - -### 2.2 Dispute Resolution Process - -If you believe a staff decision was made in error or in bad faith, we encourage you to follow these steps: - -1. Refrain from direct argumentation or confrontation with staff members. -2. Document the incident, including relevant details and any supporting evidence. -3. Submit an appeal through our official [appeal form](/community/appeal). - -### 2.3 Appeal Process - -- Appeals are reviewed by Naomi, who has exclusive access to the submission form. -- All appeals will be treated confidentially and impartially. -- Information from submissions will only be shared on a need-to-know basis to investigate and resolve the issue. -- Your identity will be protected; any revealed submission information will not be associated with your name. - -### 2.4 Staff Accountability - -We are committed to maintaining high standards of conduct for our staff. Any substantiated claims of misconduct or abuse of power will be addressed promptly and appropriately. - -### 2.5 Continuous Improvement - -We value your feedback on our moderation processes. If you have suggestions for improving our systems or policies, please submit them through the appropriate channels. - -### 2.6 Responding to Sanctions - -If you receive a sanction, here are tips on how to avoid further moderation action: - -- Do not continue the behaviour -- Do not attempt to continue the behaviour in a slightly modified way, such as to avoid a specific component of our policies -- Do not make passive-aggressive comments about our policies, staff, or your sanction -- Do not try to justify your behaviour by comparing it to another user's that was not sanctioned -- Do try to learn from the sanction and improve your interactions -- Do keep an open mind and try to learn -- Do be the kindest you can be - -## 3. Plural Systems - -### 3.1 Understanding Plurality - -Plural systems refer to individuals who experience the presence of two or more distinct identities or personality states, often called alters. Our community recognizes and respects the existence of plural systems. - -### 3.2 Inclusivity and Respect - -1. Plural systems are fully welcome and valued members of our community. -2. We are committed to providing a safe and supportive environment for all system members. -3. Discrimination or harassment based on plurality is strictly prohibited. - -### 3.3 Privacy and Boundaries - -1. Respect the privacy of plural systems and their individual alters. -2. Do not pressure or attempt to coerce any system or alter to reveal information they are not comfortable sharing. -3. Refrain from trying to identify which alter is fronting or using a platform's plural proxying service. - -### 3.4 Self-Disclosure - -1. Systems have the right to disclose information about their alters at their own discretion. -2. Members are encouraged to respect the level of disclosure each system or alter chooses. -3. Unsolicited advice or attempts to "help" without consent are not appropriate. - -### 3.5 Communication Guidelines - -1. Address alters by their preferred names and pronouns when known. -2. If unsure about how to address a system or alter, it's acceptable to politely ask for clarification. -3. Be mindful that switching between alters may result in a difference of communication styles or preferences. - -### 3.6 Education and Awareness - -1. We encourage community-wide education about plurality to foster understanding and inclusivity. -2. Questions about plurality should be directed to appropriate educational resources rather than to individual systems, unless they have explicitly welcomed such inquiries. - -## 4. Tone Tags - -### 4.1 Purpose of Tone Tags - -In text-based communication, the nuances of tone and intention can often be lost, leading to potential misunderstandings. To address this limitation, we encourage the use of tone tags. These tags provide additional context to messages, helping to clarify the intended tone and reduce misinterpretations. - -### 4.2 When to Use Tone Tags - -Consider using tone tags in the following situations: - -- When your message could be interpreted in multiple ways -- If you're using sarcasm, humour, or other tones that might not be immediately apparent -- When discussing sensitive topics where clarity of intention is crucial -- If you're communicating with someone who has expressed difficulty interpreting tone in text - -### 4.3 How to Use Tone Tags - -- Place the tone tag at the end of your message or the relevant section -- Use forward slashes to enclose the tag, e.g., `/j` for joking -- You can use multiple tags if needed, e.g., `/s /b` for sarcastic and bitter -- If you're unsure about a tag's meaning, refer to our community glossary or ask for clarification - -### 4.4 Commonly Used Tone Tags - -| Tag | Meaning | -| ---------------------- | ------------------------------------ | -| `/aff` | Affectionate | -| `/apa` | Apathetic | -| `/b` | Bitter | -| `/cel` | Celebratory | -| `/ci` | Caring Intent | -| `/cj` | Coping Joke | -| `/co` or `/cf` | Comforting | -| `/ex` | Exaggeration | -| `/f` | fake | -| `/fam` | Familial | -| `/fex` | for example | -| `/gen` or `/g` | Genuine | -| `/genq` or `/gq` | Genuine Question | -| `/gens` or `/gs` | Genuine Suggestion | -| `/hj` | Half Joking | -| `/hyp` | Hyperbole | -| `/ij` | Inside Joke | -| `/info` | Information | -| `/j` | Joking | -| `/jov` | Jokingly Overreacting | -| `/l`, `/ly` or `/lyr` | Lyrics | -| `/lh` | Lighthearted | -| `/li` or `/lit` | Literally | -| `/lu` | Little Upset | -| `/m` | Metaphorically | -| `/md` | Melodramatic | -| `/nav` | Not A Vent | -| `/nay` | Not At You | -| `/nbh` | Nobody Here (for vague venting only) | -| `/nbr` | Not Being Rude | -| `/nc` or `/neg` | Negative connotation | -| `/ncm` | Not Comparing | -| `/neu` | Neutral connotation | -| `/nf` | Not Forced | -| `/nm` | Not Mad (or upset) | -| `/np` | No Pressure | -| `/npa` | Not Passive Aggressive | -| `/nsx` or `/nx` | Non Sexual Intent | -| `/ny` | Not Yelling | -| `/op` | Optional | -| `/ot` | Off Topic | -| `/p` or `/plat` | Platonic | -| `/pc` or `/pos` | Positive connotation | -| `/q` | Quote | -| `/ref` | Reference | -| `/rh`, `/rt` or `/rhq` | Rhetorical Question | -| `/s` or `/sar` | Sarcastic | -| `/srs` | Serious | -| `/sym` | Sympathetic | -| `/t` | Teasing | -| `/tc`, `/ti` or `/tic` | Typing a tic | - -### 4.5 Respecting Tone Tags - -- When someone uses a tone tag, interpret their message accordingly -- If you're unsure about the meaning of a tag, ask politely for clarification -- Do not mock or belittle others for using tone tags - -### 4.6 Accessibility Considerations - -- Tone tags can be particularly helpful for neurodivergent individuals who may have difficulty interpreting tone in text -- Screen readers can often interpret tone tags, making them a useful tool for visually impaired users - -### 4.7 Limitations of Tone Tags - -- While helpful, tone tags are not a perfect solution and may not convey all nuances of communication -- They should be used as a supplement to clear writing, not a replacement for it - -### 4.8 Community-Specific Tags - -- Our community may develop additional tags specific to our discussions -- New tags will be added to our glossary after community consensus - -## 5. Pronouns - -### 5.1 Importance of Pronouns - -Pronouns are an essential aspect of personal identity and respectful communication. Our community values and respects each individual's right to self-identify and be addressed correctly. - -### 5.2 Displaying Pronouns - -We strongly encourage all community members to display their pronouns: - -- In your platform bio -- Using designated pronoun roles in our Discord community, or comparable feature on other platforms -- As part of your username or display name, if desired - -### 5.3 Benefits of Sharing Pronouns - -1. Clarity: Helps others address you correctly -2. Inclusivity: Creates a welcoming environment for all gender identities -3. Normalization: Reduces stigma around pronoun sharing -4. Education: Raises awareness about gender diversity - -### 5.4 Normalizing Pronoun Sharing - -By encouraging all members to share pronouns, regardless of gender identity or expression, we: - -- Challenge the assumption that only transgender individuals share pronouns -- Create a safer space for transgender and non-binary individuals to share their pronouns without implicitly outing themselves -- Promote a culture of respect and understanding - -### 5.5 Respecting Others' Pronouns - -- Always use the pronouns a person has specified for themselves -- If you're unsure about someone's pronouns, it's appropriate to politely ask -- If you make a mistake, apologize briefly, correct yourself, and move on - -### 5.6 Pronoun Options - -While not exhaustive, common pronoun options include: - -- She/her/hers -- He/him/his -- They/them/theirs - -- Neopronouns (e.g., xe/xem/xyr, ze/zir/zirs) -- Any pronouns -- No pronouns (use name only) - -### 5.7 Changing Pronouns - -- Members are welcome to update their pronouns at any time -- Respect and use a person's current pronouns, even if you knew them by different pronouns previously - -### 5.8 Pronoun Misuse - -- Intentional misuse of pronouns (misgendering) is a form of harassment and violates our community guidelines -- Repeated accidental misuse, despite correction, may be addressed by moderation - -### 5.9 Privacy Considerations - -- While we encourage pronoun sharing, it is ultimately a personal choice -- Do not pressure others to share their pronouns if they are not comfortable doing so - -## 6. Accessibility - -Our community is committed to ensuring that all members, regardless of their needs, can fully participate and engage with our content. We encourage everyone to follow these accessibility guidelines to create a more inclusive environment. - -### 6.1 Alt Text for Images - -Alt text (alternative text) provides a textual description of images for those who use screen readers or cannot view images. - -- Always include alt text when posting images. -- Describe the key elements of the image concisely. -- If the image contains text, include that text in the alt description. - Example: Instead of alt="meme", use alt="A cat wearing sunglasses with the text 'Deal with it' below" - -### 6.2 Creating Accessible Content - -#### 6.2.1 Descriptive Link Text - -- Use descriptive link text that indicates where the link leads. -- Avoid using "click here" or "read more" as standalone link text. - -Example: Instead of "Click here to read about our events", use "View our upcoming community events" - -#### 6.2.2 Avoiding Flashing Content - -- Do not post content that flashes more than three times per second. -- If you must share such content, provide a clear warning beforehand. - -#### 6.2.3 Structuring Content - -- Use headings to organize content hierarchically (H1, H2, H3, etc.). -- Break long paragraphs into shorter, more digestible sections. -- Use bullet points or numbered lists for easy scanning. - -#### 6.2.4 Multimedia Content - -- Provide captions for videos. -- Offer transcripts for audio content when possible. - -### 6.3 Continuous Improvement - -- We welcome feedback on how to improve our community's accessibility. -- Report any accessibility issues to the moderation team. - -## 7. Content and Trigger Warnings - -Our community is committed to creating a safe and respectful environment for all members. Content and trigger warnings play a crucial role in this effort by allowing individuals to make informed decisions about engaging with potentially distressing content. - -### 7.1 Purpose of Content/Trigger Warnings - -- To give members advance notice of potentially sensitive or disturbing content -- To allow individuals to prepare themselves emotionally or choose to avoid the content -- To promote a culture of empathy and consideration within our community - -### 7.2 When to Use Warnings - -:::caution[Warning!] -Content/Trigger warnings are **mandatory** in all of our community spaces. Repeated patterns of failure to properly label your content will result in sanctions. "I forgot" is not an acceptable excuse. +:::caution[Mandatory Compliance Notice] +Failure to provide appropriate content warnings constitutes a violation of community standards and may result in disciplinary action. Repeated patterns of non-compliance will result in escalating sanctions, regardless of claimed forgetfulness or oversight. ::: -Use content or trigger warnings when posting about: +#### 7.2.2 No Exceptions Policy +The mandatory nature of content warnings means: +- **Universal Application**: All community members must comply, regardless of status or position +- **No Excuses**: "Forgetting" or "not thinking" are not acceptable justifications for non-compliance +- **Progressive Enforcement**: Violations result in increasingly serious consequences +- **Educational Support**: Resources and reminders are provided, but compliance remains mandatory -- Graphic violence or gore -- Sexual content or explicit discussions of sexuality (except within our clearly-indicated adult-only areas) -- Abuse (physical, emotional, sexual) -- Self-harm or suicide -- Eating disorders or body image issues -- Substance abuse or addiction -- Mental health issues -- Phobias (e.g., spiders, heights, confined spaces) -- Political extremism or hate speech -- Natural disasters or traumatic events -- Flashing images or loud noises (for photosensitive epilepsy) +### 7.3 Comprehensive Content Warning Scope -Remember, this list is not exhaustive. If you're unsure whether content needs a warning, err on the side of caution and provide one. +#### 7.3.1 Required Warning Categories +Content warnings must be provided for discussion of: -### 7.3 How to Use Content/Trigger Warnings +**Violence and Physical Harm:** +- Graphic descriptions of violence, gore, or physical injury +- War, conflict, or military combat content +- Domestic violence or intimate partner abuse +- Child abuse or neglect (physical, emotional, or sexual) +- Elder abuse or exploitation +- Animal cruelty or violence -- Place the warning at the beginning of your post or message -- Use clear, specific language -- If possible, use spoiler tags or a "read more" cut to hide the sensitive content +**Sexual Content and Harassment:** +- Sexual content, explicit discussions, or adult material +- Sexual violence, assault, or harassment +- Non-consensual intimate imagery or content +- Sexual exploitation or trafficking -Example formats: +**Mental Health and Self-Harm:** +- Self-harm, self-injury, or deliberate self-damage +- Suicide, suicidal ideation, or suicide attempts +- Eating disorders or disordered eating behaviours +- Body dysmorphia or severe body image issues +- Mental health crises or psychiatric emergencies -"CW: Discussion of eating disorders" -"TW: Graphic description of violence" -"Content Warning: This post contains references to suicide" +**Substance Use and Addiction:** +- Drug use, alcohol abuse, or substance addiction +- Prescription medication misuse or overdose +- Recovery struggles or relapse experiences +- Addiction-related family or relationship problems -### 7.4 Respecting Warnings +**Discrimination and Oppression:** +- Racism, xenophobia, or ethnic discrimination +- Homophobia, transphobia, or LGBTQ+ discrimination +- Religious persecution or faith-based harassment +- Disability discrimination or ableism +- Socioeconomic discrimination or classism -- Do not mock or belittle others for using or needing content warnings -- If someone asks for a warning on a specific topic, respect their request in future interactions +**Phobias and Specific Triggers:** +- Common phobias (spiders, snakes, heights, confined spaces, medical procedures) +- Specific imagery that commonly triggers anxiety or panic +- Medical content including procedures, injuries, or illness +- Food-related content that may trigger eating disorders -### 7.5 False Alarms and Overuse +**Traumatic Events:** +- Natural disasters, accidents, or catastrophic events +- Mass violence, terrorism, or public tragedies +- Medical trauma or healthcare-related distress +- Loss, grief, or bereavement experiences -While we encourage the use of content warnings, try to avoid overuse for mundane topics. This helps maintain their effectiveness for truly sensitive content. +### 7.4 Effective Warning Implementation -### 7.6 Moderator Intervention +#### 7.4.1 Warning Format and Placement +Effective content warnings should: -Moderators may add content warnings to posts if they deem it necessary. Repeated failure to use appropriate warnings may result in moderation action. +**Placement and Visibility:** +- Appear at the beginning of posts, messages, or content +- Use clear, prominent formatting that draws attention +- Be placed before any potentially triggering content appears -## 8. Conflict Resolution +**Language and Specificity:** +- Use specific, descriptive language rather than vague warnings +- Clearly indicate the nature and intensity of content +- Provide enough detail for informed decision-making without being triggering themselves -Disagreements and conflicts can arise in any community. Our goal is to foster an environment where conflicts can be resolved respectfully and constructively. This section outlines the steps for resolving conflicts and when to involve moderators. +**Format Examples:** +- "Content Warning: Detailed discussion of eating disorder behaviours" +- "CW: Graphic descriptions of physical violence" +- "Trigger Warning: References to sexual assault and trauma recovery" -### 8.1 General Principles +#### 7.4.2 Spoiler Tags and Content Hiding +When platform features allow: +- Use spoiler tags, content hiding, or "read more" cuts to conceal potentially triggering content +- Combine warnings with hiding mechanisms for maximum protection +- Ensure warnings remain visible even when content is hidden -- Treat all parties with respect, even in disagreement -- Assume good faith unless proven otherwise -- Focus on the issue, not personal attacks -- Be open to different perspectives and willing to compromise +### 7.5 Community Response and Support -### 8.2 Steps for Resolving Conflicts +#### 7.5.1 Respectful Responses to Warnings +Community members should demonstrate respect for content warning practices by: +- **Taking Warnings Seriously**: Never mock, dismiss, or minimise the importance of content warnings +- **Individual Needs Recognition**: Understanding that warning needs vary among individuals +- **Gracious Compliance**: Accepting requests for additional warnings without defensiveness +- **Supportive Behaviour**: Encouraging and normalising content warning usage -#### 8.2.1 Direct Communication +#### 7.5.2 Appropriate Challenge and Discussion +While respecting content warnings, community members may: +- **Request Clarification**: Ask for more specific warnings when needed +- **Suggest Improvements**: Offer constructive feedback about warning effectiveness +- **Share Resources**: Provide educational materials about trauma-informed practices +- **Model Best Practices**: Demonstrate excellent content warning usage for others to follow -- If you have an issue with another member, try to address it directly with them first. -- Use private messages to avoid public confrontations. -- Clearly and calmly explain your concerns, using "I" statements. -- Listen to their perspective without interrupting. -- Look for common ground and potential solutions. +### 7.6 Enforcement and Community Standards -#### 8.2.2 Cool-Down Period +#### 7.6.1 Violation Response Protocol +Content warning violations are addressed through: -If emotions are running high: +**Initial Violations:** +- Content removal and request for reposting with appropriate warnings +- Educational resources about trauma-informed practices +- Clear explanation of community expectations and requirements -- Take a break from the discussion. -- Reflect on the issue and your role in the conflict. -- Return to the conversation when you can discuss it calmly. +**Repeat Violations:** +- Formal warnings with documentation +- Temporary content moderation or posting restrictions +- Required educational programme completion before full participation restoration -#### 8.2.3 Seeking Mediation +**Persistent Violations:** +- Progressive disciplinary measures following standard community sanction protocols +- Potential temporary or permanent exclusion from community spaces +- Recognition that consistent failure to provide warnings demonstrates disregard for community safety -If direct communication doesn't resolve the issue: +#### 7.6.2 Community Education and Support +Our commitment to content warning compliance includes: +- **Regular Reminders**: Ongoing education about content warning requirements +- **Resource Provision**: Accessible guides, templates, and educational materials +- **Community Modelling**: Staff and experienced members demonstrating excellent practices +- **Feedback Systems**: Opportunities for community members to request warnings or report violations -- Ask a neutral third party from the community to mediate. -- Both parties should agree on the mediator. -- The mediator should facilitate discussion, not take sides. +## 8. Conflict Resolution and Mediation -### 8.3 When to Involve Moderators +### 8.1 Philosophy of Constructive Conflict Management -Involve moderators if: +#### 8.1.1 Conflict as Natural Community Element +Conflicts, disagreements, and differences of opinion represent natural and inevitable aspects of any vibrant, diverse community. Rather than viewing conflict as inherently negative or destructive, our community approaches disagreements as opportunities for growth, learning, and strengthened relationships when handled constructively. -- The conflict violates our Code of Conduct -- You feel unsafe or harassed -- The conflict is disrupting the broader community -- Previous attempts at resolution have failed -- You're unsure how to handle the situation +#### 8.1.2 Restorative Justice Principles +Our conflict resolution approach emphasises: +- **Relationship Repair**: Focus on healing and strengthening community relationships +- **Mutual Understanding**: Encouraging empathy and perspective-taking among conflicting parties +- **Learning Opportunities**: Using conflicts as chances for personal and community growth +- **Collaborative Solutions**: Seeking win-win outcomes that address underlying needs and concerns +- **Community Strengthening**: Leveraging conflict resolution to build more resilient community bonds -### 8.4 How to Involve Moderators +### 8.2 Foundational Principles for Constructive Engagement -- Use the designated reporting system on the platform. -- Provide a clear, factual account of the issue. -- Include relevant screenshots or links if applicable. -- Explain steps you've already taken to resolve the conflict. +#### 8.2.1 Core Engagement Standards +All community members engaged in conflict resolution should demonstrate: -### 8.5 Moderator Actions +**Respect and Human Dignity:** +- Treat all parties with courtesy and respect, even during disagreement +- Separate individual worth from specific behaviours or positions +- Acknowledge the humanity and valid experiences of all involved parties +- Maintain professional, civil communication throughout the process -Moderators may: +**Good Faith Participation:** +- Assume positive intent unless clearly demonstrated otherwise +- Approach conflicts with genuine desire for resolution rather than victory +- Remain open to new information, perspectives, and potential compromise +- Engage with honest self-reflection and willingness to accept responsibility -- Facilitate discussion between parties -- Issue warnings or reminders about community guidelines -- Temporarily mute or suspend accounts -- Remove inflammatory content -- In severe cases, ban members who consistently create conflicts +**Focus and Constructiveness:** +- Address specific behaviours, actions, or policies rather than personal character attacks +- Concentrate on issues within the scope of community standards and values +- Offer constructive suggestions and alternative approaches when raising concerns +- Avoid inflammatory language, generalizations, or escalatory rhetoric -### 8.6 Appealing Moderator Decisions +### 8.3 Self-Directed Resolution Process -If you disagree with a moderator's decision: +#### 8.3.1 Direct Communication Framework +The preferred first step in conflict resolution involves direct communication between affected parties: -- Wait 24 hours to ensure you can discuss it calmly -- Contact the moderation team through the appropriate channels -- Clearly explain why you think the decision should be reconsidered -- Be prepared to provide additional context or evidence +**Preparation Phase:** +1. **Emotional Regulation**: Ensure emotional readiness for productive conversation +2. **Issue Identification**: Clearly identify specific concerns and desired outcomes +3. **Perspective Consideration**: Attempt to understand potential alternative viewpoints +4. **Communication Planning**: Prepare clear, respectful language for expressing concerns -### 8.7 Conflict Prevention +**Communication Execution:** +1. **Private Setting**: Initiate conversations through private messages or appropriate channels +2. **Respectful Language**: Use "I" statements and focus on specific behaviours or impacts +3. **Active Listening**: Listen genuinely to responses and alternative perspectives +4. **Solution Orientation**: Focus on finding mutually acceptable solutions -To minimize conflicts: +**Example Framework:** +- "I felt uncomfortable when [specific behaviour] occurred because [specific impact]" +- "I understand you might have intended [acknowledged intent], but the impact was [specific effect]" +- "I would appreciate if we could [specific request for change] in future interactions" -- Re-read your posts before sending to ensure they're not unintentionally inflammatory -- Use tone indicators when your intent might be unclear -- Ask for clarification before assuming negative intent -- Be willing to apologize and correct mistakes +#### 8.3.2 Cooling-Down Period Management +When emotions run high or productive communication becomes difficult: -### 8.8 Learning from Conflicts +**Recognition Signs:** +- Increasing emotional intensity or defensive responses +- Circular arguments without progress toward resolution +- Personal attacks or escalatory language +- Diminishing ability to listen or consider alternative perspectives -After a conflict is resolved: +**Cooling-Down Strategies:** +- **Temporary Pause**: Agree to pause the conversation and return when emotions have settled +- **Reflection Time**: Use break periods for self-reflection on personal contributions to the conflict +- **Perspective-Taking**: Consider the situation from other parties' viewpoints during the pause +- **Solution Focus**: Return to discussions with renewed focus on collaborative problem-solving -- Reflect on what led to the disagreement -- Consider how it could have been prevented or handled better -- Apply these lessons in future interactions +### 8.4 Community-Supported Mediation -## 9. This Should Be Fun! +#### 8.4.1 Third-Party Mediation Process +When direct communication fails to resolve conflicts, community-supported mediation offers structured assistance: -It is important to remember that engaging with our community should be a fun process. If you aren't enjoying your time, please consider some of these options: +**Mediator Selection:** +- Choose neutral community members acceptable to all parties +- Select individuals with demonstrated fairness, discretion, and conflict resolution skills +- Ensure mediators have no direct stake in the conflict outcome +- Confirm all parties agree to accept the chosen mediator -### 9.1. Take a Break +**Mediation Structure:** +- **Preparation**: Mediator meets with each party separately to understand perspectives +- **Joint Discussion**: Facilitated conversation with all parties present +- **Issue Clarification**: Systematic identification and exploration of core concerns +- **Solution Development**: Collaborative generation of potential solutions +- **Agreement Formation**: Development of specific, actionable resolution agreements -It's okay if you need some time away from our community! We'll be here when you get back, so don't hesitate to step away for a while and decompress. Let yourself come back refreshed so you have the best experience possible. +#### 8.4.2 Mediator Responsibilities and Guidelines +Community members serving as mediators should: +- **Maintain Neutrality**: Avoid taking sides or advocating for specific outcomes +- **Facilitate Communication**: Help parties express themselves clearly and listen effectively +- **Encourage Understanding**: Promote empathy and perspective-taking among parties +- **Focus on Solutions**: Guide discussions toward constructive problem-solving +- **Respect Confidentiality**: Maintain privacy about mediation discussions unless agreed otherwise -### 9.2. Evaluate Your Engagement +### 8.5 Staff Intervention and Escalation -Our community spaces are intended to be fun, relaxed, and wholesome environments. If you find that you aren't meshing with our vibe in the way that you want, consider taking a look at the type of interactions you are creating. It may be that you aren't using our community in the best way. +#### 8.5.1 Appropriate Escalation Triggers +Community members should involve staff moderators when conflicts involve: -### 9.3. Temporary Bans +**Safety and Harassment Concerns:** +- Any behaviour that makes individuals feel unsafe or threatened +- Harassment, discrimination, or targeted negative behaviour +- Violations of community Code of Conduct or established policies +- Situations where power imbalances prevent fair resolution -If you need a break and you find yourself unable to step away, or you keep coming back to check on things when you really do not want to, please reach out to our staff. We are more than willing to issue temporary bans to help you preserve the space you need. +**Community Impact Issues:** +- Conflicts that significantly disrupt broader community discussions or activities +- Public disputes that create uncomfortable atmospheres for other members +- Repeated patterns of conflict involving the same individuals +- Issues that affect community reputation or integrity -## 10. Mini-modding +**Resolution Process Failures:** +- Direct communication attempts that have been unsuccessful or counterproductive +- Mediation efforts that have failed to produce acceptable outcomes +- Situations where parties refuse to engage constructively in resolution attempts +- Complex issues requiring specialised knowledge or authority to resolve -"Mini-modding" is a term often used to describe behaviour in which a non-staff user instructs another user to amend their behaviour as if they were a member of staff. +#### 8.5.2 Staff Intervention Protocols +When staff intervention becomes necessary: -Our community does not prohibit mini-modding, provided: +**Assessment and Planning:** +- **Situation Evaluation**: Comprehensive assessment of conflict nature, scope, and impact +- **Stakeholder Identification**: Determination of all affected parties and their perspectives +- **Intervention Strategy**: Development of appropriate response strategy based on conflict characteristics +- **Resource Allocation**: Assignment of appropriate staff members and community resources -- You gently encourage and support members in properly integrating with our community -- You do not represent yourself as a member of NHCarrigan's team -- You do not belittle, call out, or antagonise a user who is violating our policies +**Resolution Implementation:** +- **Immediate Protection**: Implementation of protective measures when safety concerns exist +- **Investigation Process**: Thorough, impartial examination of facts and circumstances +- **Stakeholder Communication**: Clear, respectful communication with all involved parties +- **Solution Development**: Collaborative development of sustainable, fair resolution approaches -Remember that the best way to correct someone's behaviour is to lead by example. If that fails, do not escalate - instead, report the behaviour to our team. +### 8.6 Appeal and Review Processes + +#### 8.6.1 Dispute Resolution Appeals +Community members who disagree with conflict resolution outcomes may access our formal appeals process: + +**Appeal Grounds:** +- Procedural errors in the resolution process +- New evidence that significantly changes the situation +- Demonstrable bias or unfairness in the resolution process +- Disproportionate or inappropriate resolution measures + +**Appeal Process:** +- Submit appeals through our [formal appeals system](/community/appeal) +- Provide specific evidence and reasoning for appeal requests +- Participate constructively in appeal review processes +- Accept final appeal decisions as binding resolution + +#### 8.6.2 Learning and Improvement Integration +Our conflict resolution system includes mechanisms for continuous improvement: +- **Process Evaluation**: Regular assessment of resolution effectiveness and fairness +- **Community Feedback**: Collection of input from parties who have used resolution processes +- **Best Practice Development**: Evolution of resolution approaches based on experience and outcomes +- **Training Enhancement**: Ongoing education for mediators and community members about effective resolution techniques + +## 9. Community Enjoyment and Well-being + +### 9.1 Fundamental Philosophy: Community as Enjoyable Experience + +#### 9.1.1 Central Principle +Participation in our community should fundamentally be an enjoyable, fulfilling, and positive experience for all members. This principle underlies all other community policies, guidelines, and practices, serving as the ultimate measure of our community's success and health. + +#### 9.1.2 Signs of Healthy Community Engagement +Community members who are having positive experiences typically demonstrate: +- **Enthusiasm**: Genuine excitement about participating in discussions and activities +- **Curiosity**: Interest in learning from others and exploring new ideas or perspectives +- **Generosity**: Willingness to help others and contribute positively to community culture +- **Relaxation**: Ability to engage naturally without excessive stress or anxiety about community interactions +- **Growth**: Development of new skills, knowledge, or relationships through community participation + +### 9.2 Self-Care and Boundary Management + +#### 9.2.1 Recognising the Need for Breaks +Community members are encouraged to recognise when they need distance from community activities: + +**Warning Signs for Break Consideration:** +- Feeling consistently stressed, anxious, or frustrated during community interactions +- Experiencing community participation as obligation rather than choice +- Finding oneself in frequent conflicts or negative interactions with other members +- Losing interest in previously enjoyable community activities or discussions +- Noticing that community participation negatively impacts other areas of life + +#### 9.2.2 Taking Healthy Breaks +When breaks become necessary: + +**Permission and Encouragement:** +- Community members have complete permission to step away for any duration needed +- No explanation or justification is required for taking breaks from community participation +- The community will remain welcoming and accessible upon members' return +- Breaks are viewed as healthy self-care rather than abandonment or failure + +**Effective Break Strategies:** +- **Complete Disconnection**: Fully stepping away from community platforms and discussions +- **Reduced Engagement**: Limiting participation to specific activities or timeframes that feel manageable +- **Read-Only Mode**: Consuming community content without feeling pressure to contribute actively +- **Selective Participation**: Engaging only with specific community areas or topics that remain enjoyable + +#### 9.2.3 Return and Re-engagement +When community members feel ready to return: +- **Gradual Re-engagement**: No pressure to immediately return to previous participation levels +- **Continued Boundary Management**: Ongoing permission to adjust participation as needed +- **Community Support**: Assistance from other members in finding comfortable re-engagement approaches +- **Learning Integration**: Application of insights gained during breaks to enhance future community experience + +### 9.3 Engagement Style Assessment and Adjustment + +#### 9.3.1 Self-Reflection on Interaction Patterns +Community members experiencing consistent dissatisfaction should consider: + +**Interaction Style Evaluation:** +- Are your contributions generally constructive and solution-oriented? +- Do you approach discussions with curiosity and openness to other perspectives? +- Are you contributing to the positive, collaborative atmosphere the community aims to maintain? +- Do your interactions align with the community's values of respect, inclusion, and mutual support? + +**Community Fit Assessment:** +- Does the community's culture and pace match your communication preferences and needs? +- Are you using community spaces in ways that align with their intended purposes? +- Are your expectations for community interaction realistic and appropriate? +- Do you find meaning and satisfaction in the types of activities and discussions the community offers? + +#### 9.3.2 Adjustment and Improvement Strategies +When reflection reveals opportunities for improvement: + +**Communication Style Modifications:** +- Experiment with more collaborative, less adversarial communication approaches +- Practice active listening and genuine engagement with others' perspectives +- Focus contributions on community building and mutual support +- Seek opportunities to help and mentor other community members + +**Expectation Management:** +- Adjust expectations to align with community culture and available resources +- Focus on what you can contribute rather than what you hope to receive +- Appreciate the volunteer nature of community leadership and support systems +- Celebrate small positive interactions rather than expecting dramatic community changes + +### 9.4 Staff-Supported Temporary Restrictions + +#### 9.4.1 Voluntary Temporary Exclusion +For community members who struggle with self-regulated breaks, our staff team offers supportive temporary restrictions: + +**Service Description:** +- Voluntary temporary bans to help members who find themselves unable to step away independently +- Staff-implemented access restrictions that remove the temptation to check or participate +- Predetermined duration or condition-based restoration of access +- Supportive, non-punitive approach focused on member well-being + +**Appropriate Usage Scenarios:** +- Compulsive checking or participation despite wanting to take breaks +- Difficulty maintaining healthy boundaries around community engagement +- Need for external structure to support personal well-being goals +- Temporary life circumstances that require reduced digital engagement + +#### 9.4.2 Request Process and Implementation +Members seeking voluntary temporary restrictions can: + +**Request Procedure:** +- Contact staff members directly through private messages or designated channels +- Specify desired duration or conditions for restriction lifting +- Discuss any special considerations or communication needs during the restriction period +- Provide consent for staff to implement access limitations + +**Staff Response:** +- Respectful, supportive response that treats requests as legitimate self-care +- Implementation of appropriate technical restrictions based on member needs +- Check-in communications at agreed intervals to assess continued need +- Collaborative planning for gradual re-engagement when restrictions end + +### 9.5 Community Culture and Atmosphere Maintenance + +#### 9.5.1 Collective Responsibility for Positive Environment +Creating and maintaining an enjoyable community experience requires collective effort from all members: + +**Individual Contributions:** +- Approach interactions with kindness, patience, and good humour +- Share enthusiasm for community topics and activities +- Support other members' learning and growth +- Celebrate community successes and positive developments +- Contribute to problem-solving rather than problem amplification + +**Community-Wide Practices:** +- Regular celebration of member achievements and contributions +- Inclusive activities that welcome participants at all experience levels +- Constructive handling of challenges and conflicts that arise +- Ongoing evolution of community practices to better serve member needs + +#### 9.5.2 Identifying and Addressing Systemic Issues +When community enjoyment becomes consistently problematic: + +**Issue Recognition:** +- Multiple members reporting similar negative experiences +- Consistent patterns of conflict or dissatisfaction +- Declining participation or enthusiasm among established members +- Feedback indicating community culture issues + +**Systemic Solutions:** +- Community-wide discussions about culture and atmosphere +- Policy reviews and adjustments based on member needs and feedback +- Leadership evaluation and potential changes in approach +- Structural modifications to community organisation or activities + +## 10. Mini-Moderation and Peer Support + +### 10.1 Understanding Mini-Moderation + +#### 10.1.1 Definition and Scope +"Mini-moderation" refers to activities where non-staff community members provide guidance, correction, or support to other members regarding community standards, practices, or norms. This behaviour occupies a middle ground between passive observation and formal moderation authority. + +#### 10.1.2 Community Position on Mini-Moderation +Our community adopts a permissive approach to mini-moderation, recognising its value in creating self-regulating, mutually supportive community environments. However, this permission comes with specific guidelines and limitations to prevent abuse or overreach. + +### 10.2 Acceptable Mini-Moderation Practices + +#### 10.2.1 Constructive Guidance and Support +Appropriate mini-moderation includes: + +**Welcoming and Integration Support:** +- Gently guiding new members toward understanding community norms and expectations +- Providing helpful information about community resources, channels, or practices +- Offering assistance with platform-specific features or navigation +- Sharing educational resources about community policies or inclusive practices + +**Positive Reinforcement and Modelling:** +- Acknowledging and celebrating positive contributions and behaviours +- Demonstrating excellent community practices through personal example +- Encouraging others to engage constructively and inclusively +- Supporting community members who are learning or improving their participation + +**Gentle Correction and Education:** +- Politely suggesting alternative approaches when community members make minor errors +- Providing information about community standards when relevant +- Offering constructive feedback on content or communication style +- Sharing resources that help community members understand expectations + +#### 10.2.2 Appropriate Communication Methods +Effective mini-moderation employs: + +**Respectful Language and Tone:** +- Use encouraging, supportive language rather than authoritative commands +- Offer suggestions ("you might consider...") rather than demands ("you must...") +- Acknowledge positive intent while addressing problematic behaviour +- Express appreciation for willingness to learn and improve + +**Educational Approach:** +- Provide context and reasoning for suggestions rather than bare rules +- Share relevant resources or examples that illustrate better practices +- Encourage questions and discussion rather than demanding compliance +- Focus on community benefit rather than personal authority + +### 10.3 Prohibited Mini-Moderation Behaviours + +#### 10.3.1 Authority Misrepresentation +Community members engaged in mini-moderation must never: + +**False Authority Claims:** +- Represent themselves as official staff members or moderators +- Speak with claimed authority from the NHCarrigan team or leadership +- Issue ultimatums or threats of disciplinary action +- Present personal opinions as official community policy + +**Impersonation and Deception:** +- Use staff-like language or formatting to suggest official status +- Create false impression of special authority or access to staff decisions +- Claim to speak on behalf of the community leadership +- Misrepresent the scope or nature of their community role + +#### 10.3.2 Harmful or Counterproductive Approaches +Inappropriate mini-moderation includes: + +**Public Confrontation and Embarrassment:** +- Calling out community members publicly for policy violations +- Creating scenes or dramatic confrontations about rule infractions +- Embarrassing or shaming individuals for mistakes or misunderstandings +- Engaging in public arguments about community standards or enforcement + +**Aggressive or Hostile Behaviour:** +- Belittling, insulting, or demeaning community members who make mistakes +- Using sarcasm, mockery, or condescending language in corrections +- Escalating situations through argumentative or confrontational responses +- Demonstrating impatience or frustration with members who are learning + +### 10.4 Effective Mini-Moderation Strategies + +#### 10.4.1 Leading by Example +The most effective mini-moderation approach involves: + +**Consistent Positive Behaviour:** +- Demonstrate excellent community practices in your own participation +- Model inclusive, respectful, and constructive communication +- Show how to handle disagreements or conflicts constructively +- Exhibit patience and understanding with community members at all experience levels + +**Proactive Contribution:** +- Contribute positively to discussions and community activities +- Share knowledge and resources generously with other members +- Create welcoming environments for newcomers and less experienced participants +- Celebrate community successes and positive developments + +#### 10.4.2 Supportive Intervention Techniques +When mini-moderation becomes necessary: + +**Private Communication:** +- Address concerns through direct messages rather than public correction when possible +- Approach individuals with respect and assumption of positive intent +- Provide specific, actionable suggestions for improvement +- Offer ongoing support and encouragement for positive changes + +**Indirect Redirection:** +- Model appropriate behaviour without explicitly correcting others +- Redirect conversations toward constructive directions through your own contributions +- Ask clarifying questions that encourage reflection rather than making direct accusations +- Provide positive alternatives that naturally guide discussions in better directions + +### 10.5 Escalation and Staff Involvement + +#### 10.5.1 Recognising Limits of Mini-Moderation +Community members should recognise when situations require professional staff intervention: + +**Escalation Triggers:** +- Repeated violations despite gentle correction and education +- Behaviour that appears deliberately harmful or disruptive +- Situations involving harassment, discrimination, or safety concerns +- Complex conflicts that require formal mediation or resolution processes +- Issues beyond the scope of peer education and support + +#### 10.5.2 Appropriate Escalation Procedures +When mini-moderation reaches its limits: + +**Discontinue Personal Intervention:** +- Stop attempting to address the situation through peer-to-peer communication +- Avoid escalating conflicts through continued confrontation or argument +- Resist the temptation to "win" arguments or prove points about community standards +- Step back from situations that have become emotionally charged or unproductive + +**Professional Staff Involvement:** +- Report concerning behaviour to community staff through appropriate channels +- Provide factual, objective information about observed issues +- Offer to provide additional information or context if staff request it +- Trust staff to handle situations according to their training and authority + +### 10.6 Community Benefits and Culture Building + +#### 10.6.1 Positive Impact of Effective Mini-Moderation +When conducted appropriately, mini-moderation contributes to: + +**Self-Regulating Community Culture:** +- Reduced burden on volunteer staff members +- Faster response to minor issues and learning opportunities +- Stronger sense of collective responsibility for community health +- More resilient community systems that can handle growth and change + +**Enhanced Learning Environment:** +- Peer-to-peer education that feels more accessible than official correction +- Multiple perspectives and approaches to community participation +- Continuous improvement in community knowledge and practices +- Stronger relationships between community members + +#### 10.6.2 Cultural Reinforcement and Development +Effective mini-moderation helps establish: +- **Norm Reinforcement**: Clear, consistent messaging about community expectations +- **Inclusive Practices**: Support for members learning to participate effectively +- **Collective Ownership**: Shared responsibility for maintaining positive community culture +- **Resilient Systems**: Community ability to maintain standards even during staff absence or transitions + +--- + +## Conclusion and Community Commitment + +These Community Guidelines represent our collective commitment to building and maintaining an exceptional online community that serves as a model for inclusive, respectful, and productive collaboration. By following these guidelines, community members contribute to an environment where everyone can learn, grow, and contribute meaningfully to our shared objectives. + +Our community's strength lies not in rigid rule enforcement, but in the voluntary commitment of each member to uphold these standards and support one another in creating positive experiences for all participants. Through consistent application of these principles, we build a community that genuinely benefits all who choose to participate. + +--- + +*These Community Guidelines were last updated on 15 September 2025 and represent the collective wisdom and values of our community. For questions about these guidelines or suggestions for improvement, please contact our community staff through the designated channels outlined in our Community Code of Conduct.* \ No newline at end of file diff --git a/src/content/docs/legal/dmca.md b/src/content/docs/legal/dmca.md index e095bf6..3540e17 100644 --- a/src/content/docs/legal/dmca.md +++ b/src/content/docs/legal/dmca.md @@ -2,120 +2,718 @@ title: DMCA and Intellectual Property Compliance Policy --- -## 1. General Principles +# DIGITAL MILLENNIUM COPYRIGHT ACT AND INTELLECTUAL PROPERTY COMPLIANCE POLICY -- Respect for intellectual property rights is fundamental to our community's ethos and operations. -- All community members, including users, contributors, and administrators, are expected to comply with applicable copyright laws, trademark regulations, and licensing terms. -- This policy aims to protect the rights of content creators while fostering an environment of innovation and knowledge sharing. -- Ignorance of the law or this policy is not considered a valid excuse for non-compliance. +**PROTECTING CREATIVE RIGHTS WHILST FOSTERING INNOVATION** -## 2. Sharing Copyrighted Material +## 1. POLICY OVERVIEW AND PRINCIPLES -- Do not share copyrighted material without explicit permission from the copyright holder or a valid license. -- When sharing is permitted, always include proper attribution and adhere to any specified terms of use. -- Linking to legitimately published content is generally acceptable, but copying and pasting substantial portions is discouraged unless explicitly allowed by the copyright holder. -- Be aware that even user-generated content on social media platforms may be copyrighted. -- When in doubt about the copyright status of material, err on the side of caution and seek permission or clarification. +### 1.1 Fundamental Principles -## 3. Fair Use and Educational Purposes +This Digital Millennium Copyright Act and Intellectual Property Compliance Policy ("Policy") is founded upon the following core principles: -- Limited use of copyrighted material for commentary, criticism, news reporting, teaching, scholarship, or research may be permissible under fair use doctrines. -- When relying on fair use, clearly indicate the source and purpose of the use. -- Fair use is determined on a case-by-case basis, considering factors such as: - - The purpose and character of the use (commercial vs. non-profit educational) - - The nature of the copyrighted work - - The amount and substantiality of the portion used - - The effect of the use upon the potential market for the copyrighted work -- Educational use does not automatically qualify as fair use; consider all factors carefully. +**(a)** Respect for intellectual property rights is essential to our community's values and operations; -## 4. Proper Attribution +**(b)** All community members, including users, contributors, administrators, and staff, must comply with applicable copyright laws, trademark regulations, and licensing requirements; -- When using or referencing others' work, always provide clear and comprehensive attribution. -- Attribution should include: - - The name of the creator or author - - The title of the work - - The source (e.g., website URL, book title, journal name) - - The date of publication or creation (if available) - - Any applicable license terms -- For digital content, consider using hyperlinks to the original source when possible. -- Follow citation guidelines appropriate to your field or the context of use (e.g., APA, Chicago). +**(c)** We are committed to fostering an environment that encourages innovation and knowledge sharing whilst protecting creators' rights; -## 5. Original Content Creation and Sharing +**(d)** Ignorance of applicable law or this Policy does not constitute a valid defence for non-compliance. -- Community members are encouraged to create and share original content. -- By sharing original content in our community spaces, you grant the community a non-exclusive, worldwide, royalty-free right to use, reproduce, modify, adapt, publish, translate, distribute, and display the content within the community. -- You retain copyright of your original work unless explicitly stated otherwise. -- Consider adding a clear copyright notice to your original works. -- Be mindful of using third-party content (e.g., images, music) in your original creations, ensuring you have the right to incorporate such elements. +### 1.2 Scope of Application -## 6. Open Source and Creative Commons +This Policy applies to: -- We encourage the use of open source licenses and Creative Commons for shared content where appropriate. -- When using open source or Creative Commons licensed material, adhere strictly to the terms of the license. -- Familiarize yourself with different types of open source and Creative Commons licenses and their requirements (e.g., attribution, share-alike, non-commercial use). -- Provide clear license information when sharing your own content under open source or Creative Commons terms. +**(a)** All users of our Services, platforms, and applications; -## 7. Code Snippets and Examples +**(b)** All content uploaded, shared, or transmitted through our Services; -- Short code snippets shared for educational or troubleshooting purposes are generally acceptable under fair use. -- For larger code samples, include license information and attribution if taken from other sources. -- When sharing your own code, consider using an appropriate open source license. -- Be aware that copying entire programs or substantial portions of code may infringe copyright, even if source attribution is provided. +**(c)** All community interactions, including forums, chat platforms, and collaborative spaces; -## 8. Plagiarism +**(d)** All third-party integrations and linked content. -- Presenting others' work as your own is strictly prohibited and considered a serious offence. -- This includes code, text, images, ideas, and any other form of content. -- Plagiarism can have serious consequences, including loss of community privileges, academic penalties, or legal action. -- Always cite your sources and use quotation marks for direct quotes. +### 1.3 Legal Framework -## 9. Trademark Usage +This Policy is designed to comply with: -- Respect trademark rights when referencing products, services, or organizations. -- Use trademark symbols (™, ®) appropriately when referring to trademarked names. -- Avoid using trademarks in a way that suggests endorsement or affiliation without permission. +**(a)** The Digital Millennium Copyright Act (DMCA) of the United States; -## 10. Digital Millennium Copyright Act (DMCA) Compliance +**(b)** International copyright treaties and conventions; -- We comply with the DMCA and maintain a policy for addressing claims of copyright infringement. -- If you believe your copyrighted work has been improperly used within our community, submit a DMCA takedown notice to DMCA@nhcarrigan.com. -- DMCA takedown notices must include: - - Identification of the copyrighted work claimed to have been infringed - - Identification of the allegedly infringing material - - Contact information for the complainant - - A statement of good faith belief that the use is not authorized - - A statement, under penalty of perjury, that the information in the notice is accurate and that the complainant is authorized to act on behalf of the copyright owner -- We will promptly investigate all legitimate DMCA takedown notices and take appropriate action, which may include content removal or account suspension. +**(c)** Applicable national and regional intellectual property laws; -## 11. Counter-Notifications +**(d)** Platform-specific terms of service and licensing requirements. -- If you believe your content was wrongly removed due to a DMCA takedown notice, you may submit a counter-notification. -- Counter-notifications must include: - - Identification of the removed material and its location before removal - - A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification - - Your name, address, and telephone number - - A statement that you consent to the jurisdiction of the federal district court for the judicial district in which you reside +## 2. COPYRIGHT PROTECTION AND COMPLIANCE -## 12. Repeat Infringer Policy +### 2.1 Prohibition on Unauthorised Sharing -- We maintain a repeat infringer policy to ensure ongoing DMCA compliance. -- Users who repeatedly infringe copyrights may have their accounts terminated. -- We keep records of DMCA notices and counter-notifications to identify repeat infringers. +You must not share copyrighted material through our Services unless you have: -## 13. Education and Awareness +**(a)** Explicit written permission from the copyright holder; -- We are committed to educating our community about intellectual property rights and responsibilities. -- Regular updates and resources on copyright law and best practices will be provided. -- Members are encouraged to seek clarification on any aspect of this policy they find unclear. +**(b)** A valid licence that permits such sharing; -## 14. Policy Updates +**(c)** Legal basis for the sharing under applicable copyright exceptions or limitations. -- This policy may be updated periodically to reflect changes in law, technology, or community needs. -- Continued use of our community platforms constitutes acceptance of the current policy. +### 2.2 Proper Attribution Requirements -## 15. Disclaimer +When sharing material is permitted, you must: -- This policy is not exhaustive and does not constitute legal advice. -- Users are encouraged to seek independent legal counsel for specific intellectual property matters. +**(a)** Provide complete and accurate attribution to the original creator; -By participating in our community, you agree to abide by this DMCA and Intellectual Property Compliance Policy. Failure to comply may result in content removal, account suspension, or other appropriate actions as determined by community administrators. +**(b)** Include all required copyright notices and licensing information; + +**(c)** Comply with any specific attribution requirements set forth in applicable licences; + +**(d)** Clearly indicate any modifications made to the original material. + +### 2.3 Linking vs. Copying + +**(a)** **Permitted Practice:** Linking to legitimately published content is generally acceptable and encouraged; + +**(b)** **Restricted Practice:** Copying and redistributing substantial portions of copyrighted material is prohibited unless explicitly permitted; + +**(c)** **User-Generated Content:** Be aware that content posted on social media platforms and similar services may be subject to copyright protection. + +### 2.4 Due Diligence Requirements + +When uncertain about the copyright status of material: + +**(a)** Conduct reasonable research to determine copyright ownership; + +**(b)** Err on the side of caution and seek permission or clarification; + +**(c)** Consult with legal professionals when necessary; + +**(d)** Document your efforts to comply with copyright requirements. + +## 3. FAIR USE AND EDUCATIONAL PURPOSES + +### 3.1 Fair Use Principles + +Limited use of copyrighted material may be permissible under fair use doctrines for: + +**(a)** Commentary, criticism, or parody; + +**(b)** News reporting and journalism; + +**(c)** Teaching, scholarship, and academic research; + +**(d)** Other purposes recognised under applicable fair use provisions. + +### 3.2 Fair Use Assessment Factors + +When claiming fair use, you must consider: + +**(a)** **Purpose and Character:** Whether the use is commercial or non-profit educational, and whether it transforms the original work; + +**(b)** **Nature of the Work:** Whether the copyrighted work is factual or creative in nature; + +**(c)** **Amount Used:** The proportion and substantiality of the portion used in relation to the whole; + +**(d)** **Market Impact:** The effect of your use on the potential market for the original work. + +### 3.3 Educational Use Clarification + +**(a)** Educational context does not automatically qualify as fair use; + +**(b)** All four factors must be considered in each specific case; + +**(c)** Systematic copying for educational purposes may not qualify for fair use protection; + +**(d)** Commercial educational uses face higher scrutiny than non-profit educational activities. + +### 3.4 Documentation and Source Citation + +When relying on fair use: + +**(a)** Clearly indicate the source and purpose of your use; + +**(b)** Provide proper attribution to the original creator; + +**(c)** Document your fair use analysis and reasoning; + +**(d)** Be prepared to defend your fair use claim if challenged. + +## 4. ATTRIBUTION AND CITATION STANDARDS + +### 4.1 Mandatory Attribution Elements + +When using or referencing others' work, you must provide: + +**(a)** The full name of the creator or author; + +**(b)** The complete title of the work; + +**(c)** The source (website URL, publication details, repository location); + +**(d)** The date of publication or creation (where available); + +**(e)** Any applicable licence terms and requirements; + +**(f)** A clear indication of any modifications made to the original. + +### 4.2 Digital Citation Best Practices + +For digital content: + +**(a)** Use hyperlinks to original sources whenever possible; + +**(b)** Ensure links are functional and lead directly to the referenced content; + +**(c)** Include archived versions of links where content may be ephemeral; + +**(d)** Follow established citation standards appropriate to your field or context. + +### 4.3 Academic and Professional Citations + +When creating academic or professional content: + +**(a)** Follow recognised citation styles (APA, MLA, Chicago, etc.); + +**(b)** Maintain consistency in citation format throughout your work; + +**(c)** Include complete bibliographies or reference lists; + +**(d)** Distinguish between different types of sources and references. + +## 5. ORIGINAL CONTENT CREATION AND LICENSING + +### 5.1 Original Content Rights + +When creating and sharing original content through our Services: + +**(a)** You retain copyright ownership of your original works; + +**(b)** You grant our community certain usage rights as specified in our Terms of Service; + +**(c)** You may specify additional licensing terms for your content; + +**(d)** Copyright notices may be added to clarify ownership and rights. + +### 5.2 Third-Party Content in Original Works + +When incorporating third-party elements into your original creations: + +**(a)** Ensure you have appropriate rights to use all incorporated elements; + +**(b)** Provide proper attribution for all third-party contributions; + +**(c)** Comply with licensing requirements of incorporated elements; + +**(d)** Consider the impact on your ability to license the resulting work. + +### 5.3 Community Usage Rights + +By sharing content in our community spaces, you grant: + +**(a)** A non-exclusive, worldwide, royalty-free right to use, reproduce, and display the content within community contexts; + +**(b)** The right to modify content for technical compatibility and presentation purposes; + +**(c)** The right to archive content for community preservation purposes; + +**(d)** Such other rights as may be specified in our Terms of Service. + +### 5.4 Licensing Recommendations + +We encourage content creators to: + +**(a)** Consider using Creative Commons licences for broader sharing; + +**(b)** Clearly specify the terms under which others may use their content; + +**(c)** Understand the implications of different licensing choices; + +**(d)** Seek legal advice for complex licensing scenarios. + +## 6. OPEN SOURCE AND CREATIVE COMMONS COMPLIANCE + +### 6.1 Open Source Software + +When using open source software: + +**(a)** Carefully review and comply with all licence requirements; + +**(b)** Include required copyright notices and licence texts; + +**(c)** Understand obligations regarding source code availability; + +**(d)** Be aware of licence compatibility issues when combining multiple open source components. + +### 6.2 Creative Commons Materials + +When using Creative Commons licensed content: + +**(a)** Identify the specific licence version and requirements; + +**(b)** Provide appropriate attribution as specified in the licence; + +**(c)** Comply with share-alike requirements where applicable; + +**(d)** Respect non-commercial use restrictions where specified; + +**(e)** Understand the implications of no-derivatives restrictions. + +### 6.3 Licence Verification + +**(a)** Verify licence information from authoritative sources; + +**(b)** Be cautious of incorrect or outdated licence information; + +**(c)** Contact creators directly when licence terms are unclear; + +**(d)** Maintain records of your licence compliance efforts. + +### 6.4 Contributing to Open Projects + +When contributing to open source or Creative Commons projects: + +**(a)** Understand the licensing implications of your contributions; + +**(b)** Ensure you have the right to license your contributions under project terms; + +**(c)** Follow project-specific contribution guidelines and requirements; + +**(d)** Be aware that contributions may be difficult to retract once accepted. + +## 7. CODE SHARING AND TECHNICAL CONTENT + +### 7.1 Code Snippets and Examples + +**(a)** **Short Code Snippets:** Generally acceptable under fair use for educational or troubleshooting purposes; + +**(b)** **Substantial Code Blocks:** Require proper licensing and attribution; + +**(c)** **Complete Programs:** Must comply with applicable software licences; + +**(d)** **Modified Code:** Must respect original licence requirements and indicate modifications. + +### 7.2 Educational Code Sharing + +When sharing code for educational purposes: + +**(a)** Provide context and explanation for the code's purpose; + +**(b)** Include appropriate licensing information and attribution; + +**(c)** Consider the educational value versus the amount of code shared; + +**(d)** Respect any restrictions on commercial use or redistribution. + +### 7.3 Technical Documentation + +**(a)** Original technical documentation is encouraged and valued; + +**(b)** When referencing existing documentation, provide proper attribution; + +**(c)** Distinguish between your original explanations and quoted material; + +**(d)** Consider creating transformative content rather than copying existing documentation. + +### 7.4 Open Source Best Practices + +When sharing your own code: + +**(a)** Choose an appropriate open source licence; + +**(b)** Include clear licence files and copyright notices; + +**(c)** Provide adequate documentation and attribution for dependencies; + +**(d)** Consider the long-term implications of your licensing choices. + +## 8. PLAGIARISM PREVENTION AND ACADEMIC INTEGRITY + +### 8.1 Definition and Prohibition + +Plagiarism, defined as presenting others' work as your own, is strictly prohibited and includes: + +**(a)** Copying text, code, images, or other content without attribution; + +**(b)** Paraphrasing others' ideas without acknowledgement; + +**(c)** Using others' unique ideas, methodologies, or approaches without credit; + +**(d)** Self-plagiarism (reusing your own previously published work without disclosure). + +### 8.2 Consequences of Plagiarism + +Plagiarism may result in: + +**(a)** Immediate removal of infringing content; + +**(b)** Suspension or termination of community privileges; + +**(c)** Notification to relevant academic or professional institutions; + +**(d)** Legal action in cases of commercial infringement; + +**(e)** Permanent record of violation affecting future community participation. + +### 8.3 Prevention Measures + +To avoid plagiarism: + +**(a)** Always cite your sources and provide proper attribution; + +**(b)** Use quotation marks for direct quotes and indicate the source; + +**(c)** Paraphrase in your own words whilst still providing attribution; + +**(d)** Maintain detailed notes on your sources during research; + +**(e)** When in doubt, provide attribution rather than risk infringement. + +### 8.4 Academic and Professional Standards + +**(a)** Follow the citation standards appropriate to your field or institution; + +**(b)** Understand that different disciplines may have different expectations; + +**(c)** Seek guidance from supervisors or colleagues when uncertain; + +**(d)** Consider using plagiarism detection tools to verify your own work. + +## 9. TRADEMARK COMPLIANCE + +### 9.1 Trademark Recognition and Respect + +When referencing trademarked products, services, or organisations: + +**(a)** Use appropriate trademark symbols (™ for common law trademarks, ® for registered trademarks); + +**(b)** Capitalise trademark names correctly; + +**(c)** Avoid using trademarks in a way that suggests endorsement or affiliation without permission; + +**(d)** Respect trademark guidelines published by trademark owners. + +### 9.2 Nominative Fair Use + +You may use trademarks for: + +**(a)** Identifying and discussing the trademarked products or services; + +**(b)** Comparative analysis and commentary; + +**(c)** News reporting and factual discussion; + +**(d)** Parody and criticism (with careful consideration of other legal restrictions). + +### 9.3 Prohibited Trademark Uses + +You must not: + +**(a)** Use trademarks in a way that causes confusion about source or affiliation; + +**(b)** Use trademarks as part of your own product or service names without permission; + +**(c)** Modify or alter trademark logos or designs; + +**(d)** Use trademarks in a way that dilutes their distinctiveness or harms their reputation. + +### 9.4 Community Brand Protection + +**(a)** Respect our own trademarks and brand elements; + +**(b)** Do not use our logos or brand names without permission; + +**(c)** Avoid creating confusion about official versus unofficial community content; + +**(d)** Contact us for guidance on appropriate use of our brand elements. + +## 10. DMCA COMPLIANCE AND TAKEDOWN PROCEDURES + +### 10.1 DMCA Policy Statement + +We comply with the Digital Millennium Copyright Act and maintain procedures for addressing claims of copyright infringement. We respect the rights of copyright owners whilst protecting the legitimate interests of our users. + +### 10.2 Submitting DMCA Takedown Notices + +To submit a valid DMCA takedown notice, contact **dmca@nhcarrigan.com** with the following information: + +**(a)** **Identification of Copyrighted Work:** A clear description of the copyrighted work claimed to have been infringed, including registration numbers if applicable; + +**(b)** **Identification of Infringing Material:** Specific identification of the allegedly infringing material and its location on our Services; + +**(c)** **Contact Information:** Your complete contact information, including name, address, telephone number, and email address; + +**(d)** **Good Faith Statement:** A statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; + +**(e)** **Accuracy Statement:** A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorised to act on behalf of the copyright owner; + +**(f)** **Physical or Electronic Signature:** Your physical or electronic signature. + +### 10.3 Processing DMCA Notices + +Upon receipt of a valid DMCA takedown notice: + +**(a)** We will promptly investigate the claim; + +**(b)** If the claim appears valid, we will remove or disable access to the allegedly infringing material; + +**(c)** We will notify the affected user of the takedown and provide information about the counter-notification process; + +**(d)** We will document the takedown for our records and potential future reference. + +### 10.4 Response Timeline + +We endeavour to process DMCA takedown notices within: + +**(a)** **Initial Review:** Twenty-four (24) hours for urgent matters; + +**(b)** **Investigation and Action:** Seventy-two (72) hours for standard cases; + +**(c)** **Complex Cases:** Up to seven (7) business days with notification to relevant parties. + +## 11. DMCA COUNTER-NOTIFICATION PROCESS + +### 11.1 Right to Counter-Notification + +If you believe your content was removed in error or misidentification, you may submit a counter-notification to **dmca@nhcarrigan.com**. + +### 11.2 Counter-Notification Requirements + +A valid counter-notification must include: + +**(a)** **Identification of Removed Material:** Specific identification of the material that was removed and its previous location; + +**(b)** **Good Faith Statement:** A statement under penalty of perjury that you have a good faith belief the material was removed due to mistake or misidentification; + +**(c)** **Personal Information:** Your complete name, address, and telephone number; + +**(d)** **Jurisdiction Consent:** A statement that you consent to the jurisdiction of the federal district court for your district (or the judicial district where you reside if outside the United States); + +**(e)** **Service of Process:** A statement that you will accept service of process from the party who submitted the takedown notice; + +**(f)** **Physical or Electronic Signature:** Your physical or electronic signature. + +### 11.3 Counter-Notification Processing + +Upon receipt of a valid counter-notification: + +**(a)** We will provide a copy to the original complainant; + +**(b)** We will inform the complainant that the material will be restored in 10-14 business days unless they file a court action; + +**(c)** If no court action is filed, we will restore the material according to the statutory timeline; + +**(d)** We will document the counter-notification and restoration for our records. + +### 11.4 Legal Consequences + +Both takedown notices and counter-notifications are made under penalty of perjury. False claims may result in liability for damages, attorney's fees, and other legal consequences under applicable law. + +## 12. REPEAT INFRINGER POLICY + +### 12.1 Policy Statement + +We maintain a policy for addressing repeat copyright infringers to ensure ongoing DMCA compliance and protect the rights of copyright holders. + +### 12.2 Tracking and Documentation + +We maintain records of: + +**(a)** All DMCA takedown notices received; + +**(b)** Counter-notifications submitted; + +**(c)** Actions taken in response to notices; + +**(d)** User violation history and patterns. + +### 12.3 Consequences for Repeat Infringement + +Users who repeatedly infringe copyright may face: + +**(a)** **First Offence:** Warning and education about copyright compliance; + +**(b)** **Second Offence:** Temporary suspension of account privileges; + +**(c)** **Subsequent Offences:** Progressive disciplinary measures up to and including permanent account termination; + +**(d)** **Severe Cases:** Immediate termination for egregious or commercial infringement. + +### 12.4 Appeals Process + +Users subject to repeat infringer sanctions may: + +**(a)** Request review of their case within thirty (30) days of sanction; + +**(b)** Provide evidence of good faith efforts to comply with copyright law; + +**(c)** Demonstrate that previous notices were invalid or withdrawn; + +**(d)** Participate in educational programmes to reinstate privileges. + +## 13. EDUCATION AND AWARENESS + +### 13.1 Community Education Commitment + +We are committed to educating our community about intellectual property rights and responsibilities through: + +**(a)** Regular updates to this Policy and related guidance materials; + +**(b)** Educational resources on copyright, fair use, and licensing; + +**(c)** Community workshops and training sessions; + +**(d)** Clear examples of acceptable and unacceptable practices. + +### 13.2 Resources and Guidance + +We provide access to: + +**(a)** Links to authoritative sources on copyright law and fair use; + +**(b)** Guides to common licensing terms and requirements; + +**(c)** Templates and examples for proper attribution; + +**(d)** Contact information for additional support and guidance. + +### 13.3 Seeking Clarification + +Community members are encouraged to: + +**(a)** Ask questions about unclear aspects of this Policy; + +**(b)** Seek guidance before sharing potentially problematic content; + +**(c)** Report suspected violations or concerns; + +**(d)** Participate in educational activities and discussions. + +### 13.4 Professional Development + +We encourage community members to: + +**(a)** Stay informed about changes in intellectual property law; + +**(b)** Participate in relevant professional development opportunities; + +**(c)** Share knowledge and best practices with other community members; + +**(d)** Contribute to the development of community guidelines and resources. + +## 14. POLICY UPDATES AND COMPLIANCE + +### 14.1 Regular Policy Review + +This Policy is reviewed regularly to ensure: + +**(a)** Compliance with current legal requirements; + +**(b)** Alignment with technological developments; + +**(c)** Responsiveness to community needs and feedback; + +**(d)** Consistency with best practices in the field. + +### 14.2 Update Notifications + +Changes to this Policy will be communicated through: + +**(a)** Prominent notices on our Services and websites; + +**(b)** Email notifications to registered users; + +**(c)** Community forum announcements and discussions; + +**(d)** Documentation updates with clear change logs. + +### 14.3 Continued Use and Acceptance + +Continued participation in our community following Policy updates constitutes acceptance of the revised terms. If you do not agree to the updated Policy, you must cease using our Services. + +### 14.4 Feedback and Suggestions + +We welcome feedback on this Policy and suggestions for improvement. Please contact us at **dmca@nhcarrigan.com** with your comments and recommendations. + +## 15. CONTACT INFORMATION AND SUPPORT + +### 15.1 Primary Contact + +For all matters related to this Policy, including DMCA notices, questions, and reports of violations: + +**Email:** dmca@nhcarrigan.com + +### 15.2 Additional Resources + +**General Support:** privacy@nhcarrigan.com + +**Community Forum:** https://forum.nhcarrigan.com + +**Legal Inquiries:** legal@nhcarrigan.com + +### 15.3 Response Commitments + +We commit to: + +**(a)** Acknowledging receipt of all communications within forty-eight (48) hours; + +**(b)** Providing substantive responses within the timeframes specified in this Policy; + +**(c)** Treating all inquiries with professionalism and confidentiality; + +**(d)** Maintaining accurate records of all communications and actions taken. + +### 15.4 Emergency Procedures + +For urgent copyright infringement matters that pose immediate legal risk: + +**(a)** Contact us immediately at dmca@nhcarrigan.com with "URGENT" in the subject line; + +**(b)** Provide all required information for expedited processing; + +**(c)** Be prepared to provide additional documentation or clarification promptly; + +**(d)** Understand that expedited processing may require additional verification steps. + +## 16. LEGAL DISCLAIMER + +### 16.1 Policy Limitations + +This Policy: + +**(a)** Is not exhaustive and does not cover every possible scenario; + +**(b)** Does not constitute legal advice or create an attorney-client relationship; + +**(c)** Should be supplemented with independent legal counsel for specific situations; + +**(d)** May not address all applicable laws in every jurisdiction. + +### 16.2 Professional Consultation + +Users are encouraged to: + +**(a)** Seek independent legal counsel for complex intellectual property matters; + +**(b)** Consult with qualified professionals before making significant licensing decisions; + +**(c)** Obtain professional advice when facing potential infringement claims; + +**(d)** Understand that our guidance cannot replace professional legal advice. + +### 16.3 Limitation of Liability + +To the extent permitted by law: + +**(a)** We provide this Policy and related guidance on an "as is" basis; + +**(b)** We disclaim liability for decisions made in reliance on this Policy; + +**(c)** Users assume responsibility for their own compliance with applicable laws; + +**(d)** Professional legal advice should be sought for significant legal decisions. + +**Last Updated:** [Date to be inserted] + +**Effective Date:** [Date to be inserted] + +--- + +*By participating in our community, you agree to abide by this DMCA and Intellectual Property Compliance Policy. This Policy is designed to protect the rights of creators whilst fostering an environment of innovation and knowledge sharing. For questions or concerns, please contact us at dmca@nhcarrigan.com.* \ No newline at end of file diff --git a/src/content/docs/legal/government.md b/src/content/docs/legal/government.md index 6780b30..13a1d50 100644 --- a/src/content/docs/legal/government.md +++ b/src/content/docs/legal/government.md @@ -2,33 +2,426 @@ title: Government Actions and Compliance --- -## 1. Introduction +# GOVERNMENT ACTIONS AND COMPLIANCE TRANSPARENCY REPORT -The purpose of this document is to maintain transparency regarding any government or legal authority's actions against our organisation that result in a release of your data to those authorities. +**MAINTAINING TRANSPARENCY IN GOVERNMENT AND LEGAL AUTHORITY INTERACTIONS** -### 1.1. Disclaimers +## 1. INTRODUCTION AND POLICY STATEMENT -- We do not provide any sort of proactive information to regulatory agencies. -- We do not, and will never, set up "backdoors" or other direct access routes for regulatory agencies to surveil or access your data. -- All data in this document cover the entirety of NHCarrigan's lifetime, from our inception in +### 1.1 Transparency Commitment -## 2. Requests for Information +This transparency report is published to maintain complete transparency regarding any actions taken by government agencies, law enforcement authorities, or other legal entities that may result in the disclosure of user data or information stored by nhcarrigan ("we," "us," "our," or "the Company"). -We have received 0 requests for information/data from authoritative agencies. +### 1.2 Scope and Coverage -| Agency | Data Requested | Result | -| ------ | -------------- | ------ | +This report covers: -## 3. Warrants and Subpoenas +**(a)** All formal requests for information or data from governmental or regulatory authorities; -We have been the subject of 0 warrants or subpoenas for our information/data. +**(b)** All warrants, subpoenas, court orders, or similar legal instruments served upon our organisation; -| Agency | Date of Action | Result | -| ------ | -------------- | ------ | +**(c)** Any asset seizures, data searches, or investigative actions affecting our systems or data; -## 4. Asset Seizures +**(d)** All time periods from the inception of nhcarrigan operations to the date of this report. -We have had our data/information searched or seized 0 times. +### 1.3 Reporting Principles -| Agency | Scope of Search | Result | -| ------ | --------------- | ------ | +Our transparency reporting is guided by the following principles: + +**(a)** **Comprehensive Coverage:** All relevant actions and requests are documented without exception; + +**(b)** **Regular Updates:** This report is updated promptly following any new developments; + +**(c)** **Legal Compliance:** All disclosures comply with applicable laws and court-imposed restrictions; + +**(d)** **User Protection:** We prioritise transparency whilst respecting ongoing legal proceedings and user privacy. + +## 2. POLICY DECLARATIONS + +### 2.1 Proactive Information Sharing + +We explicitly declare that: + +**(a)** We do not provide any proactive information to regulatory agencies, law enforcement, or government entities without legal compulsion; + +**(b)** We do not engage in voluntary information sharing programmes with government agencies; + +**(c)** We do not participate in mass surveillance or data collection programmes; + +**(d)** All government data requests must follow proper legal channels and procedures. + +### 2.2 System Integrity and Access + +We firmly commit that: + +**(a)** We do not, and will never, create "backdoors" or direct access routes for regulatory agencies to access user data or systems; + +**(b)** We do not implement any covert monitoring or surveillance capabilities at the request of government entities; + +**(c)** We do not provide real-time access to user communications or data without proper legal process; + +**(d)** Any access to user data by authorities must be pursuant to valid legal process and within the bounds of applicable law. + +### 2.3 Legal Process Requirements + +For any disclosure of user information, we require: + +**(a)** Valid legal process appropriate to the type of information requested; + +**(b)** Proper jurisdictional authority over the matter in question; + +**(c)** Specificity in the request regarding the information sought and the legal basis; + +**(d)** Compliance with applicable data protection and privacy laws. + +### 2.4 User Notification Policy + +Subject to legal restrictions and court orders: + +**(a)** We endeavour to notify affected users of government requests for their information; + +**(b)** We provide reasonable advance notice where legally permissible; + +**(c)** We challenge overly broad or inappropriate requests through legal channels; + +**(d)** We advocate for the narrowest possible scope of any required disclosures. + +## 3. INFORMATION REQUESTS + +### 3.1 Summary Statistics + +**Total Requests Received:** 0 (Zero) + +**Time Period Covered:** From inception of nhcarrigan operations through the date of this report + +### 3.2 Types of Information Requests + +We categorise information requests as follows: + +**(a)** **Emergency Requests:** Involving immediate threats to life or safety; + +**(b)** **Criminal Investigations:** Related to suspected criminal activity; + +**(c)** **Civil Matters:** Arising from civil litigation or administrative proceedings; + +**(d)** **Regulatory Inquiries:** From regulatory bodies regarding compliance or oversight. + +### 3.3 Detailed Request Log + +| Request Date | Agency/Authority | Type of Request | Information Requested | Legal Basis | Response Date | Result/Action Taken | User Notification | +|--------------|------------------|-----------------|----------------------|-------------|---------------|---------------------|-------------------| +| No requests received to date | | | | | | | | + +### 3.4 Response Procedures + +When we receive information requests, our standard procedure includes: + +**(a)** **Legal Review:** Assessment by qualified legal counsel of the validity and scope of the request; + +**(b)** **Minimal Disclosure:** Limiting any disclosure to the minimum information required by law; + +**(c)** **Documentation:** Maintaining detailed records of all requests and responses; + +**(d)** **Transparency Reporting:** Including appropriate information in this public transparency report. + +## 4. WARRANTS AND SUBPOENAS + +### 4.1 Summary Statistics + +**Total Warrants Received:** 0 (Zero) + +**Total Subpoenas Received:** 0 (Zero) + +**Time Period Covered:** From inception of nhcarrigan operations through the date of this report + +### 4.2 Types of Legal Process + +We track the following types of legal process: + +**(a)** **Search Warrants:** Authorising search and seizure of specific information or systems; + +**(b)** **Subpoenas:** Compelling production of documents or testimony; + +**(c)** **Court Orders:** Directing specific actions or disclosures; + +**(d)** **National Security Letters:** Administrative subpoenas related to national security investigations (where applicable). + +### 4.3 Detailed Process Log + +| Service Date | Court/Agency | Type of Process | Scope of Request | Response Required | Response Date | Compliance Action | Challenge Filed | User Notification | +|--------------|--------------|-----------------|------------------|-------------------|---------------|-------------------|-----------------|-------------------| +| No legal process served to date | | | | | | | | | + +### 4.4 Legal Challenge Policy + +Our policy regarding legal challenges includes: + +**(a)** **Threshold Review:** Automatic legal review of all process for validity and scope; + +**(b)** **Challenge Criteria:** Filing challenges when process is overbroad, invalid, or inappropriate; + +**(c)** **User Advocacy:** Advocating for user privacy rights within legal constraints; + +**(d)** **Procedural Compliance:** Ensuring all responses comply with applicable legal requirements. + +## 5. ASSET SEIZURES AND SEARCHES + +### 5.1 Summary Statistics + +**Total Seizures/Searches:** 0 (Zero) + +**Time Period Covered:** From inception of nhcarrigan operations through the date of this report + +### 5.2 Types of Seizures and Searches + +We categorise enforcement actions as follows: + +**(a)** **Physical Seizures:** Seizure of physical hardware, servers, or storage media; + +**(b)** **Digital Searches:** Direct access to or copying of digital information; + +**(c)** **Account Freezes:** Temporary or permanent restriction of access to accounts or systems; + +**(d)** **Data Preservation:** Requirements to preserve specific data pending legal proceedings. + +### 5.3 Detailed Action Log + +| Action Date | Agency | Type of Action | Scope of Search/Seizure | Legal Authority | Property/Data Affected | Recovery/Return | Impact Assessment | +|-------------|--------|----------------|-------------------------|-----------------|------------------------|-----------------|-------------------| +| No seizures or searches to date | | | | | | | | + +### 5.4 Response and Mitigation Procedures + +In the event of asset seizures or searches, our procedures include: + +**(a)** **Immediate Assessment:** Rapid evaluation of the scope and impact of the action; + +**(b)** **Legal Representation:** Immediate engagement of qualified legal counsel; + +**(c)** **User Protection:** Implementation of measures to protect user data and privacy; + +**(d)** **Service Continuity:** Actions to maintain service availability where legally permissible. + +## 6. DATA PROTECTION AND PRIVACY SAFEGUARDS + +### 6.1 Technical Safeguards + +We implement technical measures to protect user data: + +**(a)** **Encryption:** All user data is encrypted both in transit and at rest; + +**(b)** **Access Controls:** Strict access controls limit personnel who can access user data; + +**(c)** **Audit Logging:** Comprehensive logging of all access to user data; + +**(d)** **Data Minimisation:** Collection and retention of only necessary user information. + +### 6.2 Legal Safeguards + +Our legal protections include: + +**(a)** **Qualified Legal Review:** All government requests reviewed by qualified legal counsel; + +**(b)** **Narrow Interpretation:** Interpreting all legal process as narrowly as legally permissible; + +**(c)** **Challenge Preparation:** Maintaining resources to challenge inappropriate or overbroad requests; + +**(d)** **Jurisdictional Analysis:** Careful analysis of jurisdictional issues in cross-border requests. + +### 6.3 Operational Safeguards + +Our operational procedures include: + +**(a)** **Incident Response:** Established procedures for responding to government actions; + +**(b)** **Communication Plans:** Clear communication protocols with users and stakeholders; + +**(c)** **Documentation Standards:** Comprehensive documentation of all interactions with authorities; + +**(d)** **Recovery Procedures:** Plans for service recovery following any enforcement actions. + +### 6.4 International Considerations + +For cross-border requests, we consider: + +**(a)** **Treaty Obligations:** Applicable mutual legal assistance treaties and agreements; + +**(b)** **Local Law Compliance:** Requirements under local data protection and privacy laws; + +**(c)** **Diplomatic Channels:** Appropriate use of diplomatic channels for sensitive matters; + +**(d)** **Conflict Resolution:** Procedures for resolving conflicts between different legal systems. + +## 7. REPORTING METHODOLOGY AND LIMITATIONS + +### 7.1 Data Collection + +This transparency report is compiled using: + +**(a)** **Legal Records:** Comprehensive records of all legal process received; + +**(b)** **Communication Logs:** Documentation of all communications with government agencies; + +**(c)** **Internal Reports:** Regular internal assessments of government interaction; + +**(d)** **Legal Review:** Quarterly review by qualified legal counsel for completeness and accuracy. + +### 7.2 Reporting Limitations + +This report is subject to the following limitations: + +**(a)** **Legal Restrictions:** Some information may be withheld due to court orders or legal restrictions; + +**(b)** **Classification Issues:** Certain national security matters may not be reportable; + +**(c)** **Ongoing Proceedings:** Active legal matters may limit the detail that can be disclosed; + +**(d)** **Aggregation Requirements:** Some jurisdictions may require statistical aggregation rather than detailed reporting. + +### 7.3 Update Schedule + +This report is updated according to the following schedule: + +**(a)** **Quarterly Updates:** Regular updates published every three months; + +**(b)** **Event-Driven Updates:** Additional updates following significant developments; + +**(c)** **Annual Review:** Comprehensive annual review and analysis; + +**(d)** **Legal Milestone Updates:** Updates following resolution of significant legal matters. + +### 7.4 Verification and Accuracy + +We ensure report accuracy through: + +**(a)** **Multi-Source Verification:** Cross-referencing multiple internal sources; + +**(b)** **Legal Review:** Review by qualified legal counsel before publication; + +**(c)** **External Audit:** Periodic external audit of transparency reporting procedures; + +**(d)** **Correction Procedures:** Clear procedures for correcting any errors or omissions. + +## 8. CONTACT INFORMATION AND SUPPORT + +### 8.1 Legal Process Service + +For service of legal process: + +**Email:** legal@nhcarrigan.com + +**Physical Address:** [To be provided when applicable] + +**Business Hours:** Monday through Friday, 9:00 AM to 5:00 PM Pacific Standard Time + +### 8.2 General Inquiries + +For questions about this transparency report: + +**Email:** transparency@nhcarrigan.com + +**Subject Line:** Government Transparency Report Inquiry + +### 8.3 Media and Press Inquiries + +For media inquiries regarding government actions: + +**Email:** press@nhcarrigan.com + +**Response Time:** Within 24 hours for urgent matters + +### 8.4 User Support + +For users concerned about government access to their data: + +**Email:** privacy@nhcarrigan.com + +**Forum:** https://forum.nhcarrigan.com + +**Response Time:** Within 48 hours for privacy-related inquiries + +## 9. FUTURE DEVELOPMENTS + +### 9.1 Policy Evolution + +We continuously review and improve our government transparency policies based on: + +**(a)** **Legal Developments:** Changes in applicable laws and regulations; + +**(b)** **Industry Standards:** Evolving best practices in transparency reporting; + +**(c)** **Stakeholder Feedback:** Input from users, legal experts, and privacy advocates; + +**(d)** **Operational Experience:** Lessons learned from any government interactions. + +### 9.2 Enhanced Reporting + +We are committed to enhancing this transparency report through: + +**(a)** **Additional Metrics:** Expanding the types of statistics and information reported; + +**(b)** **Improved Analysis:** Providing more detailed analysis of trends and implications; + +**(c)** **Interactive Features:** Developing interactive tools for exploring transparency data; + +**(d)** **International Perspective:** Expanding coverage to include international legal developments. + +### 9.3 Stakeholder Engagement + +We engage with stakeholders through: + +**(a)** **Public Consultation:** Regular opportunities for public input on transparency policies; + +**(b)** **Expert Advisory:** Consultation with legal and privacy experts; + +**(c)** **Industry Collaboration:** Participation in industry transparency initiatives; + +**(d)** **Academic Partnership:** Collaboration with academic researchers on transparency issues. + +## 10. LEGAL DISCLAIMER + +### 10.1 Report Limitations + +This transparency report: + +**(a)** Is provided for informational purposes and public accountability; + +**(b)** Does not constitute legal advice or create attorney-client privilege; + +**(c)** May be subject to legal restrictions on disclosure in some jurisdictions; + +**(d)** Represents our good faith effort to provide accurate and complete information. + +### 10.2 Legal Compliance + +This report is prepared in compliance with: + +**(a)** All applicable transparency reporting requirements; + +**(b)** Court orders and legal restrictions on disclosure; + +**(c)** Data protection and privacy laws; + +**(d)** National security and law enforcement confidentiality requirements. + +### 10.3 No Warranties + +We provide this report without warranties of any kind and disclaim liability for: + +**(a)** Decisions made in reliance on this report; + +**(b)** Any inaccuracies or omissions due to legal restrictions; + +**(c)** Changes in legal or factual circumstances after publication; + +**(d)** Interpretation of the information provided. + +**Report Period:** From inception of nhcarrigan operations through [Date to be inserted] + +**Publication Date:** [Date to be inserted] + +**Next Scheduled Update:** [Date to be inserted] + +--- + +*This transparency report demonstrates our commitment to user privacy and government accountability. We will continue to update this report regularly and advocate for user rights within the bounds of applicable law. For questions about this report, please contact us at transparency@nhcarrigan.com.* \ No newline at end of file diff --git a/src/content/docs/legal/license.md b/src/content/docs/legal/license.md index 920a7ff..4209b7f 100644 --- a/src/content/docs/legal/license.md +++ b/src/content/docs/legal/license.md @@ -1,1360 +1,2390 @@ --- -title: Naomi's Public License +title: Naomi's Public Licence --- -All of Our Open Source Software are licensed under these terms. +# NAOMI'S PUBLIC LICENCE -## 1. Definitions +**A COMPREHENSIVE SOFTWARE LICENCE FOR ETHICAL AND COLLABORATIVE DEVELOPMENT** -### 1.1. Software +All of our Open Source Software is licensed under these terms. -The code, documentation text, and other related materials licensed under this License. +--- + +## 1. DEFINITIONS AND INTERPRETATION + +### 1.1 Software + +"Software" means the code, documentation text, and other related materials licensed under this Licence. This includes, but is not limited to: -- Source code files -- Compiled binaries -- Configuration files -- User manuals and documentation -- Development tools and scripts directly related to the software +**(a)** Source code files written in any programming language; -### 1.2. Assets +**(b)** Compiled binaries and executable files; -The non-Software copyrighted materials, such as images, logos, and names. +**(c)** Configuration files and build scripts; + +**(d)** User manuals, technical documentation, and instructional materials; + +**(e)** Development tools and scripts directly related to the Software; + +**(f)** Any other materials necessary for the proper functioning, compilation, or use of the Software. + +### 1.2 Assets + +"Assets" means the non-Software copyrighted materials, such as images, logos, and names, that may accompany or be associated with the Software. This may include: -- Graphical elements (icons, backgrounds, etc.) -- Audio files -- Video content -- Trademarks and brand elements -- Any other creative works associated with the Software but not part of its functional code +**(a)** Graphical elements including icons, backgrounds, user interface elements, and artistic works; -### 1.3. Package +**(b)** Audio files, sound effects, and musical compositions; -Software specifically bundled to be used in other Works. +**(c)** Video content, animations, and multimedia materials; + +**(d)** Trademarks, service marks, and brand elements; + +**(e)** Fonts, typefaces, and typographical designs; + +**(f)** Any other creative works associated with the Software but not forming part of its functional code. + +### 1.3 Package + +"Package" means Software specifically bundled and prepared to be used as a component or dependency in other Works. This refers to: -- Libraries or modules designed for integration -- APIs or SDKs -- Any component of the Software intended for use within larger systems or applications +**(a)** Libraries or modules designed for integration into larger applications; -### 1.4. We, Us, and Our +**(b)** Application Programming Interfaces (APIs) and Software Development Kits (SDKs); -Naomi Carrigan, and her software consulting firm nhcarrigan. +**(c)** Any component of the Software specifically intended for use within larger systems or applications; + +**(d)** Distributable units of Software designed to provide specific functionality to other programmes. + +### 1.4 We, Us, and Our + +"We," "Us," and "Our" refer to Naomi Carrigan and her software consulting firm nhcarrigan. This includes: -- Naomi Carrigan in her individual capacity -- All employees, contractors, and representatives of nhcarrigan -- Any successors or assigns of nhcarrigan +**(a)** Naomi Carrigan acting in her individual capacity as the original author and copyright holder; -### 1.5. You and Your +**(b)** All employees, contractors, agents, and representatives of nhcarrigan; -The individual or entity exercising the rights granted under this License. +**(c)** Any successors in interest or assigns of nhcarrigan; + +**(d)** Any other entities or persons authorised to act on behalf of nhcarrigan. + +### 1.5 You and Your + +"You" and "Your" refer to the individual or entity exercising the rights granted under this Licence. This may refer to: -- Individual users -- Organizations or companies -- Government entities -- Any other legal entity using or modifying the Software +**(a)** Individual users or developers; -### 1.6. Contributor(s) +**(b)** Organisations, companies, or corporations; -An individual or entity who contributes to the Software. +**(c)** Government entities or agencies; + +**(d)** Educational institutions; + +**(e)** Any other legal entity using, modifying, or distributing the Software. + +### 1.6 Contributor(s) + +"Contributor" means any individual or entity who contributes to the Software by submitting Contributions. This includes anyone who: -- Submits code changes or additions -- Provides documentation improvements -- Offers bug fixes or feature enhancements -- Contributes in any other substantive way to the development of the Software +**(a)** Submits code changes, additions, or deletions; -### 1.7. Contribution(s) +**(b)** Provides documentation improvements or corrections; -Any work submitted by a Contributor to the Software, such as Source Code or Assets. +**(c)** Offers bug fixes or feature enhancements; + +**(d)** Contributes Assets or other creative works; + +**(e)** Participates in any other substantive way in the development or improvement of the Software. + +### 1.7 Contribution(s) + +"Contribution" means any work of authorship submitted by a Contributor to the Software, including Source Code, Assets, documentation, or other materials. This encompasses: -- Code submissions (additions, modifications, or deletions) -- Documentation updates -- Asset contributions (e.g., new icons or graphics) -- Bug reports with proposed fixes -- Feature suggestions with implementation details +**(a)** Code submissions including additions, modifications, or deletions to existing code; -### 1.8. Source Code +**(b)** Documentation updates, corrections, or new documentation; -The code in its original form, as written by the author(s). +**(c)** Asset contributions such as new icons, graphics, or multimedia content; + +**(d)** Bug reports accompanied by proposed fixes or solutions; + +**(e)** Feature suggestions with detailed implementation proposals; + +**(f)** Translations, localisation efforts, or accessibility improvements. + +### 1.8 Source Code + +"Source Code" means the human-readable form of the Software, as originally written by the author(s), including all files necessary to understand, compile, and modify the Software. This refers to: -- Human-readable programming language files -- Configuration and build scripts -- Any other files necessary to compile or run the Software +**(a)** Human-readable programming language files in their original form; -### 1.9. Open Source +**(b)** Configuration files, build scripts, and deployment specifications; -Software where the Source Code has been made publicly available under this License. +**(c)** Documentation files that are integral to the Software's functionality; + +**(d)** Any other files necessary to compile, build, install, or run the Software; + +**(e)** Version control metadata and development history where applicable. + +### 1.9 Open Source + +"Open Source" means Software where the Source Code has been made publicly available under the terms of this Licence, adhering to the principles of transparency and collaborative development. This implies: -- The code can be viewed by anyone -- Users have the right to modify and distribute the code under the terms of this License -- The software adheres to open source principles of transparency and collaboration +**(a)** The Source Code can be viewed, studied, and examined by anyone; -### 1.10. License +**(b)** Users have the right to modify and distribute the code under the terms of this Licence; -This document. +**(c)** The Software adheres to open source principles of transparency, collaboration, and community development; + +**(d)** No restrictions are placed on the fields of endeavour in which the Software may be used, subject to the terms of this Licence. + +### 1.10 Licence + +"Licence" means this legal document, including all of its terms, conditions, and provisions. Specifically: -- The entire text of this agreement -- Any referenced attachments or appendices -- The most current version as indicated in the document +**(a)** The entire text of this agreement as it appears in its most current version; -### 1.11. Works +**(b)** Any referenced attachments, appendices, or supplementary documents; -Any works derived from the Software, such as modifications, distributions, and incorporations. +**(c)** The version of this Licence as indicated by the version control system or date stamps; + +**(d)** All amendments and modifications that may be made to this Licence in accordance with its terms. + +### 1.11 Works + +"Works" means any works derived from, incorporating, or based upon the Software, including modifications, distributions, and adaptations. This includes: -- Modified versions of the Software -- Applications or systems that incorporate the Software -- Distributions of the Software, whether modified or not -- Any product that significantly relies on or extends the functionality of the Software +**(a)** Modified versions of the Software, whether they involve minor changes or substantial alterations; -## 2. Use of Software +**(b)** Applications or systems that incorporate the Software or parts thereof; -This license grants You the right to use Our Open Source software under the following terms. +**(c)** Distributions of the Software, whether modified or in their original form; -### 2.1. Do No Harm +**(d)** Any product that significantly relies upon, extends, or builds upon the functionality of the Software; -You may not use Our Software in any way that may cause harm to Us, Our Software, or Our Assets. Additionally, You may not use Our Software in any way that may cause harm to other individuals or entities. +**(e)** Derivative works created using the Software as a foundation or component. -#### 2.1.1. Definition of Harm +## 2. PERMITTED USES OF SOFTWARE -For the purposes of this License, "harm" includes, but is not limited to: +This Licence grants You the right to use Our Open Source Software under the following terms and conditions. -- Financial loss or damage -- Violation of privacy or data protection laws -- Engagement in or facilitation of illegal activities -- Promotion or encouragement of hate speech or discrimination -- Reputational damage -- Intellectual property infringement -- Compromise of system security or integrity -- Physical or emotional harm to individuals +### 2.1 Principle of "Do No Harm" -#### 2.1.2. Specific Prohibitions +You may not use Our Software in any manner that may cause harm to Us, Our Software, Our Assets, or to other individuals, entities, or the broader community. -Without limiting the generality of the above, You are explicitly prohibited from using Our Software: +#### 2.1.1 Definition of Harm -- To conduct or facilitate fraudulent activities -- To distribute malware or engage in cyber attacks -- To harvest or collect personal data without proper consent -- To impersonate others or engage in identity theft -- To violate the terms of service of any platform or service -- To interfere with the operation of other software or networks -- To create or distribute content that is defamatory, obscene, or otherwise illegal +For the purposes of this Licence, "harm" includes, but is not limited to: -#### 2.1.3. Responsibility for Downstream Usage +**(a)** Financial loss, damage, or detriment to any party; -If You distribute or make available Our Software to others, You are responsible for ensuring that those users also adhere to the "Do No Harm" principle outlined in this License. +**(b)** Violation of privacy rights or data protection laws; -#### 2.1.4. Reporting Harmful Usage +**(c)** Engagement in, facilitation of, or promotion of illegal activities; -If You become aware of any use of Our Software that violates this "Do No Harm" principle, You are encouraged to report it to Us immediately through our forums: https://forum.nhcarrigan.com +**(d)** Promotion, encouragement, or facilitation of hate speech, discrimination, or harassment; -#### 2.1.5. Consequences of Violation +**(e)** Reputational damage or defamation; -Violation of this "Do No Harm" principle may result in immediate termination of Your rights under this License, and may subject You to legal action where applicable. +**(f)** Infringement of intellectual property rights; -#### 2.1.6. Indemnification +**(g)** Compromise of system security, integrity, or availability; -You agree to indemnify and hold Us harmless from any claims, damages, or legal actions arising from Your use of Our Software in violation of this "Do No Harm" principle. +**(h)** Physical, emotional, or psychological harm to individuals; -### 2.2. Code of Conduct +**(i)** Environmental damage or degradation; -Use of Our Software must not be in violation of Our Code of Conduct. This requirement extends to all aspects of interaction with Our Software, including but not limited to: +**(j)** Any action that undermines the principles of ethical software development and use. -#### 2.2.1. User Behavior +#### 2.1.2 Specific Prohibitions -All users of Our Software must adhere to the principles outlined in Our Code of Conduct when interacting with other users, contributors, or maintainers in any forum related to Our Software. +Without limiting the generality of the "Do No Harm" principle, You are explicitly prohibited from using Our Software: -#### 2.2.2. Content Creation +**(a)** To conduct, facilitate, or promote fraudulent activities of any kind; -Any content created using Our Software must comply with the standards set forth in Our Code of Conduct, including but not limited to avoiding hate speech, discrimination, and harassment. +**(b)** To distribute malware, viruses, or engage in cyber attacks or unauthorised intrusions; -#### 2.2.3. Project Atmosphere +**(c)** To harvest, collect, or process personal data without proper consent and legal basis; -Users who maintain projects that incorporate Our Software are responsible for fostering an inclusive and respectful environment in line with Our Code of Conduct. +**(d)** To impersonate others, engage in identity theft, or misrepresent Your identity; -#### 2.2.4. Reporting Violations +**(e)** To violate the terms of service of any platform, service, or system; -Users are encouraged to report any violations of the Code of Conduct they observe in relation to Our Software. Reports can be made through license@nhcarrigan.com +**(f)** To interfere with, disrupt, or compromise the operation of other software, networks, or systems; -#### 2.2.5. Consequences of Violation +**(g)** To create, distribute, or promote content that is defamatory, obscene, threatening, or otherwise illegal; + +**(h)** To facilitate or engage in any form of discrimination based on race, gender, religion, nationality, disability, sexual orientation, or other protected characteristics; + +**(i)** To support or promote activities that violate human rights or fundamental freedoms. + +#### 2.1.3 Responsibility for Downstream Usage + +If You distribute or make available Our Software to others, You bear responsibility for ensuring that those users are made aware of and comply with the "Do No Harm" principle outlined in this Licence. + +This responsibility includes: + +**(a)** Providing clear information about the ethical use requirements; + +**(b)** Taking reasonable measures to monitor compliance; + +**(c)** Reporting violations to Us when they become known; + +**(d)** Taking corrective action when violations are identified. + +#### 2.1.4 Reporting Harmful Usage + +If You become aware of any use of Our Software that violates the "Do No Harm" principle, You are strongly encouraged to report such usage to Us immediately through our community forums at https://forum.nhcarrigan.com or via email to legal@nhcarrigan.com. + +#### 2.1.5 Consequences of Violation + +Violation of the "Do No Harm" principle may result in: + +**(a)** Immediate termination of Your rights under this Licence; + +**(b)** Legal action seeking damages and injunctive relief where applicable; + +**(c)** Notification to relevant authorities or affected parties; + +**(d)** Public disclosure of the violation to protect the community; + +**(e)** Exclusion from future versions or distributions of the Software. + +#### 2.1.6 Indemnification + +You agree to indemnify, defend, and hold Us harmless from and against any claims, damages, losses, costs, or legal actions arising from Your use of Our Software in violation of the "Do No Harm" principle. + +### 2.2 Code of Conduct Compliance + +Your use of Our Software must comply with Our Code of Conduct at all times. This requirement extends comprehensively to all aspects of interaction with Our Software, including but not limited to: + +#### 2.2.1 User Behaviour Standards + +All users of Our Software must adhere to the principles and standards outlined in Our Code of Conduct when: + +**(a)** Interacting with other users, Contributors, or maintainers in any forum related to Our Software; + +**(b)** Participating in discussions, providing feedback, or seeking support; + +**(c)** Contributing to the development or improvement of the Software; + +**(d)** Representing themselves as users of Our Software in professional or community contexts. + +#### 2.2.2 Content Creation Standards + +Any content created using Our Software must comply with the standards set forth in Our Code of Conduct, including: + +**(a)** Avoiding hate speech, discrimination, harassment, or threatening language; + +**(b)** Respecting the dignity and rights of all individuals; + +**(c)** Promoting inclusive and respectful communication; + +**(d)** Adhering to professional and ethical standards appropriate to the context. + +#### 2.2.3 Project Atmosphere Responsibility + +Users who maintain projects that incorporate Our Software are responsible for: + +**(a)** Fostering an inclusive and respectful environment in line with Our Code of Conduct; + +**(b)** Implementing and enforcing appropriate community guidelines; + +**(c)** Addressing violations promptly and fairly; + +**(d)** Setting a positive example for community interaction. + +#### 2.2.4 Reporting Violations + +Users are encouraged to report any violations of the Code of Conduct they observe in relation to Our Software. Reports should be made through: + +**(a)** Our primary contact: conduct@nhcarrigan.com; + +**(b)** Our community reporting mechanisms; + +**(c)** Direct communication with appropriate moderators or administrators. + +#### 2.2.5 Consequences of Code of Conduct Violations Violations of Our Code of Conduct may result in: -- Warnings -- Temporary suspension of access to Our Software or related communities -- Permanent ban from using Our Software or participating in related communities -- Revocation of this License +**(a)** Formal warnings and educational guidance; -#### 2.2.6. Enforcement +**(b)** Temporary suspension of access to Our Software or related communities; -We reserve the right to enforce the Code of Conduct at Our discretion. Enforcement actions will be proportional to the severity and frequency of the violations. +**(c)** Permanent exclusion from using Our Software or participating in related communities; -#### 2.2.7. Updates to Code of Conduct +**(d)** Revocation of this Licence; -Users are responsible for staying informed about any updates to Our Code of Conduct. +**(e)** Reporting to relevant authorities where violations involve illegal activity. -### 2.3. Source Control +#### 2.2.6 Enforcement -Custom instances of Our Software must remain Open Source under this License. This requirement ensures transparency, promotes collaboration, and maintains the integrity of Our Software ecosystem. +We reserve the right to enforce the Code of Conduct at Our sole discretion. Enforcement actions will be: -#### 2.3.1. Definition of Custom Instances +**(a)** Proportional to the severity and frequency of violations; -For the purposes of this License, "custom instances" refer to any modified, adapted, or derivative versions of Our Software created by You or any third party. +**(b)** Consistent with Our published enforcement guidelines; -#### 2.3.2. Open Source Requirement +**(c)** Applied fairly and without discrimination; + +**(d)** Subject to appeal through Our established processes. + +#### 2.2.7 Updates to Code of Conduct + +You are responsible for staying informed about any updates to Our Code of Conduct. Continued use of the Software after updates constitutes acceptance of the revised standards. + +### 2.3 Source Control Requirements + +All custom instances of Our Software must remain Open Source under the terms of this Licence. This requirement ensures transparency, promotes collaboration, and maintains the integrity of Our Software ecosystem. + +#### 2.3.1 Definition of Custom Instances + +"Custom instances" refer to any modified, adapted, derivative, or customised versions of Our Software created by You or any third party, including: + +**(a)** Modified versions with altered functionality or features; + +**(b)** Adaptations for specific platforms, environments, or use cases; + +**(c)** Integrations with other software systems or frameworks; + +**(d)** Localised or translated versions of the Software. + +#### 2.3.2 Open Source Requirement All custom instances of Our Software must: -- Be made available to the public in source code form -- Be licensed under the terms of this License -- Include a copy of this License with the source code +**(a)** Be made publicly available in source code form; -#### 2.3.3. Source Code Availability +**(b)** Be licensed under the terms of this Licence or a compatible licence; + +**(c)** Include a complete copy of this Licence with the source code; + +**(d)** Maintain all original copyright notices and attributions. + +#### 2.3.3 Source Code Availability The source code for custom instances must be: -- Hosted in a publicly accessible repository (e.g., GitHub, GitLab, CodeBerg) -- Made available free of charge -- Kept up-to-date with any changes or modifications +**(a)** Hosted in a publicly accessible repository (such as GitHub, GitLab, or Codeberg); -#### 2.3.4. Documentation of Changes +**(b)** Made available free of charge to any interested party; + +**(c)** Kept current and up-to-date with any changes or modifications; + +**(d)** Accessible without requiring registration, payment, or special permissions. + +#### 2.3.4 Documentation of Modifications For any custom instance, You must: -- Clearly document all modifications made to Our Software -- Provide a changelog detailing the nature and date of each significant change -- Identify the original source of Our Software and acknowledge Our copyright +**(a)** Clearly document all modifications made to Our original Software; -#### 2.3.5. Forking and Branching +**(b)** Provide a comprehensive changelog detailing the nature and date of each significant change; + +**(c)** Identify the original source of Our Software and acknowledge Our copyright; + +**(d)** Distinguish Your modifications from the original Software. + +#### 2.3.5 Forking and Branching When creating custom instances through forking or branching: -- The fork or branch must be public and accessible -- The relationship to Our original Software must be clearly stated -- Any significant divergence from Our Software should be clearly communicated +**(a)** The fork or branch must be publicly accessible; -#### 2.3.6. Contributions Back to Original Software +**(b)** The relationship to Our original Software must be clearly stated and prominently displayed; -While not required, You are encouraged to contribute improvements and bug fixes back to Our original Software through pull requests or other appropriate means. +**(c)** Any significant divergence from Our Software should be clearly communicated to users; -#### 2.3.7. Exceptions +**(d)** Attribution to the original Software must be maintained. -Any exceptions to these Source Control requirements must be explicitly granted by Us in writing. +#### 2.3.6 Contributions to Original Software -#### 2.3.8. Compliance Verification +Whilst not required, You are strongly encouraged to contribute improvements and bug fixes back to Our original Software through: -We reserve the right to verify compliance with these Source Control requirements at any time. Upon request, You must provide Us with access to the source code and documentation for any custom instance of Our Software. +**(a)** Pull requests or merge requests to Our official repository; -#### 2.3.9. Consequences of Non-Compliance +**(b)** Submission of patches or code contributions; -Failure to comply with these Source Control requirements may result in: +**(c)** Sharing of improvements with the broader community; -- Termination of Your rights under this License -- A requirement to immediately cease distribution of the non-compliant custom instance -- Legal action to enforce compliance +**(d)** Participation in collaborative development processes. -## 3. Modification of Software +#### 2.3.7 Exceptions -Modifications of Our Software are permitted under the following terms. +Any exceptions to these Source Control requirements must be: -### 3.1. Licensing +**(a)** Explicitly requested in writing; -All modifications of Our Software must be licensed under this License. This ensures consistency in the licensing terms across all versions and derivatives of Our Software. +**(b)** Granted by Us in a formal written agreement; -#### 3.1.1. Definition of Modifications +**(c)** Limited in scope and duration; -For the purposes of this License, "modifications" include, but are not limited to: +**(d)** Subject to periodic review and renewal. -- Any changes to the source code of Our Software -- Additions to or deletions from Our Software's functionality -- Alterations to Our Software's user interface -- Translations of Our Software into other languages -- Adaptations of Our Software for different platforms or environments +#### 2.3.8 Compliance Verification -#### 3.1.2. Scope of Licensing Requirement +We reserve the right to verify compliance with these Source Control requirements at any time by: -The requirement to license modifications under this License applies to: +**(a)** Requesting access to source code and documentation; -- All modified components of Our Software -- Any new components that are integral to the functioning of the modified version -- Documentation related to the modifications +**(b)** Conducting audits of publicly available repositories; -#### 3.1.3. Inclusion of License +**(c)** Investigating reports of non-compliance; + +**(d)** Requiring certification of compliance. + +#### 2.3.9 Consequences of Non-Compliance + +Failure to comply with Source Control requirements may result in: + +**(a)** Immediate termination of Your rights under this Licence; + +**(b)** A legal requirement to cease distribution of the non-compliant custom instance; + +**(c)** Legal action to enforce compliance and seek damages; + +**(d)** Public notice of non-compliance to protect the community. + +## 3. MODIFICATION OF SOFTWARE + +Modifications of Our Software are permitted under the following terms and conditions. + +### 3.1 Licensing Requirements + +All modifications of Our Software must be licensed under this Licence to ensure consistency in licensing terms across all versions and derivatives of Our Software. + +#### 3.1.1 Definition of Modifications + +"Modifications" include, but are not limited to: + +**(a)** Any changes to the source code of Our Software, including additions, deletions, or alterations; + +**(b)** Enhancements or extensions to the Software's functionality; + +**(c)** Alterations to the Software's user interface or user experience; + +**(d)** Translations of the Software into other languages; + +**(e)** Adaptations of the Software for different platforms, operating systems, or environments; + +**(f)** Integration of the Software with other systems or applications; + +**(g)** Performance optimisations or bug fixes. + +#### 3.1.2 Scope of Licensing Requirement + +The requirement to license modifications under this Licence applies to: + +**(a)** All modified components of Our original Software; + +**(b)** Any new components that are integral to the functioning of the modified version; + +**(c)** Documentation related to the modifications; + +**(d)** Configuration files and build scripts for the modified version. + +#### 3.1.3 Licence Inclusion When distributing modifications of Our Software, You must: -- Include a complete copy of this License with the distribution -- Retain all copyright, patent, trademark, and attribution notices from the original Software -- State clearly that the Software has been modified and provide a brief description of the modifications +**(a)** Include a complete and unaltered copy of this Licence with every distribution; -#### 3.1.4. Nomenclature and Branding +**(b)** Retain all copyright, patent, trademark, and attribution notices from the original Software; + +**(c)** Clearly state that the Software has been modified and provide a summary of the modifications; + +**(d)** Include information about how to obtain the original, unmodified version of the Software. + +#### 3.1.4 Nomenclature and Branding Modified versions of Our Software: -- Must be clearly distinguished from the original Software in name and branding -- May not use Our trademarks or logos without Our explicit permission -- Should include a statement that they are derived from Our Software, with a link to the original Software's repository +**(a)** Must be clearly distinguished from the original Software in name and branding; -#### 3.1.5. Compatibility with Original License +**(b)** May not use Our trademarks, logos, or service marks without Our explicit written permission; + +**(c)** Should include a clear statement that they are derived from Our Software; + +**(d)** Must provide a link to the original Software's repository or official website. + +#### 3.1.5 Compatibility with Original Licence Any additional terms You wish to apply to Your modifications: -- Must not conflict with the terms of this License -- Must be clearly stated as applying only to Your modifications -- May not alter or restrict the terms of this License as they apply to the original Software +**(a)** Must not conflict with or override the terms of this Licence; -#### 3.1.6. Contributions and Sublicensing +**(b)** Must be clearly stated as applying only to Your specific modifications; -By applying this License to modifications of Our Software: +**(c)** May not alter or restrict the terms of this Licence as they apply to the original Software; -- You grant Us and all recipients of the modified Software the same rights and obligations as outlined in this License -- You may not sublicense the modifications under any other terms +**(d)** Must be legally compatible with the terms of this Licence. -#### 3.1.7. Notification of Significant Modifications +#### 3.1.6 Grant of Rights -For significant modifications that substantially alter the functionality or purpose of Our Software, You are encouraged to: +By applying this Licence to modifications of Our Software: -- Notify Us of the nature and extent of the modifications -- Consider submitting the modifications as contributions to the original Software +**(a)** You grant Us and all recipients of the modified Software the same rights and obligations as outlined in this Licence; -#### 3.1.8. Compliance and Enforcement +**(b)** You may not sublicense the modifications under any other terms; + +**(c)** You agree to the same obligations and restrictions as apply to the original Software. + +#### 3.1.7 Notification of Significant Modifications + +For significant modifications that substantially alter the functionality, purpose, or architecture of Our Software, You are encouraged to: + +**(a)** Notify Us of the nature and extent of the modifications; + +**(b)** Consider submitting the modifications as Contributions to the original Software; + +**(c)** Engage with the community to discuss the implications of the modifications; + +**(d)** Provide comprehensive documentation of the changes. + +#### 3.1.8 Compliance and Enforcement We reserve the right to: -- Verify compliance with these licensing requirements -- Request access to the source code of any modified versions of Our Software -- Take appropriate action, including legal measures, to enforce these licensing terms +**(a)** Verify compliance with these licensing requirements at any time; -## 4. Incorporation of Software +**(b)** Request access to the source code of any modified versions of Our Software; -Elements of Our Software, such as code snippets, may be incorporated into other Works under the following terms. +**(c)** Take appropriate legal action to enforce these licensing terms; -### 4.1. Licensing +**(d)** Revoke the Licence for non-compliant modifications. -The specific elements of Our Software used in another Work must be made available under this License. The portions of the project that are not incorporated from Our Software may be licensed under any terms. This approach allows for flexibility in incorporating Our Software into larger projects while maintaining the integrity of Our licensing terms. +## 4. INCORPORATION OF SOFTWARE -#### 4.1.1. Definition of Incorporation +Elements of Our Software, such as code snippets, modules, or components, may be incorporated into other Works under the following terms. -For the purposes of this License, "incorporation" refers to: +### 4.1 Licensing Requirements for Incorporation -- Direct inclusion of Our Software's code in another Work -- Adaptation of Our Software's code for use in another Work +The specific elements of Our Software incorporated into another Work must be made available under this Licence. The portions of the project that do not incorporate elements from Our Software may be licensed under any terms of Your choosing, provided they do not conflict with this Licence. -#### 4.1.2. Scope of License Application +#### 4.1.1 Definition of Incorporation -The terms of this License apply specifically to: +"Incorporation" refers to: -- Any code, functions, or modules directly copied from Our Software -- Any derivatives or modifications of Our Software's code -- Any part of Our Software that is essential to the functioning of the incorporated elements +**(a)** Direct inclusion of Our Software's code, functions, or modules in another Work; -#### 4.1.3. Dual Licensing +**(b)** Adaptation or modification of Our Software's code for use in another Work; + +**(c)** Integration of Our Software's functionality into a larger application or system; + +**(d)** Use of Our Software's algorithms, designs, or architectural patterns in another Work. + +#### 4.1.2 Scope of Licence Application + +The terms of this Licence apply specifically to: + +**(a)** Any code, functions, modules, or components directly copied from Our Software; + +**(b)** Any derivatives, adaptations, or modifications of Our Software's code; + +**(c)** Any interfaces or APIs that directly interact with incorporated elements; + +**(d)** Documentation specifically related to the incorporated elements. + +#### 4.1.3 Dual Licensing Framework In cases where Our Software is incorporated into a larger Work: -- The incorporated elements must be clearly identified -- These elements must be made available under the terms of this License -- The remainder of the Work may be licensed under different terms, provided they do not conflict with this License +**(a)** The incorporated elements must be clearly identified and documented; -#### 4.1.4. License Compatibility +**(b)** These elements must be made available under the terms of this Licence; -When incorporating Our Software into a Work with a different license: +**(c)** The remainder of the Work may be licensed under different terms, provided they do not restrict or interfere with the rights granted by this Licence; -- You must ensure that the terms of the other license do not restrict or interfere with the terms of this License as it applies to Our Software -- If conflicts arise, the terms of this License take precedence for the incorporated elements +**(d)** Users must be clearly informed about which portions are subject to different licensing terms. -#### 4.1.5. Notification of Incorporation +#### 4.1.4 Licence Compatibility -When incorporating Our Software into another Work, You should: +When incorporating Our Software into a Work with a different licence: -- Clearly indicate which parts of the Work are derived from or incorporate Our Software -- Provide a copy of this License or a link to it -- Explain how users can obtain the source code for the incorporated elements under the terms of this License +**(a)** You must ensure that the terms of the other licence do not restrict, contradict, or interfere with the terms of this Licence as they apply to Our Software; -#### 4.1.6. Distribution of Incorporated Elements +**(b)** If conflicts arise between licensing terms, the terms of this Licence shall take precedence for the incorporated elements; + +**(c)** You must clearly document any potential conflicts and how they are resolved; + +**(d)** Users must be informed of their rights and obligations under both licensing regimes. + +#### 4.1.5 Notification and Attribution for Incorporation + +When incorporating Our Software into another Work, You must: + +**(a)** Clearly indicate which parts of the Work are derived from or incorporate Our Software; + +**(b)** Provide a copy of this Licence or a direct link to the current version; + +**(c)** Explain how users can obtain the source code for the incorporated elements; + +**(d)** Provide appropriate attribution as specified in Section 7 of this Licence. + +#### 4.1.6 Distribution Requirements When distributing a Work that incorporates Our Software: -- You must make the source code of the incorporated elements available under this License -- You may choose how to make the rest of the Work's source code available, if at all +**(a)** You must make the source code of the incorporated elements available under this Licence; -#### 4.1.7. Attribution for Incorporated Elements +**(b)** The source code must be easily accessible and prominently linked; -You must provide proper attribution for the incorporated elements as outlined in section 7 of this License. +**(c)** You may distribute the remainder of the Work's source code under different terms or not at all; -#### 4.1.8. Modifications to Incorporated Elements +**(d)** All distribution must comply with the requirements of this Licence regarding the incorporated elements. -Any modifications to the elements incorporated from Our Software: +#### 4.1.7 Modifications to Incorporated Elements -- Must also be made available under this License -- Should be clearly documented and distinguished from the original incorporated elements +Any modifications made to the elements incorporated from Our Software: -#### 4.1.9. Responsibility for License Compliance +**(a)** Must also be made available under the terms of this Licence; -You are responsible for ensuring that the incorporation of Our Software and the licensing of the resulting Work comply with all applicable license terms, including this License. +**(b)** Should be clearly documented and distinguished from the original incorporated elements; -## 5. Use of Packages +**(c)** Must maintain all original copyright notices and attributions; -Certain Software may be packaged and distributed specifically for use in other Works. Software that We distribute in such a manner may be used in other Works under the following terms. +**(d)** Must be made available in source code form with the same accessibility as the original elements. -### 5.1. Source Code +#### 4.1.8 Ongoing Compliance Responsibility -Works that solely use Our Packages, and do not incorporate any other elements of Our Software, are not required to provide a link to the Source Code of Our Software. This provision aims to simplify the use of Our Packages in other projects. +You remain responsible for ensuring that: -#### 5.1.1. Definition of "Solely Using Our Packages" +**(a)** The incorporation of Our Software and the licensing of the resulting Work comply with all applicable licence terms; -For the purposes of this License, "solely using Our Packages" means: +**(b)** Updates or modifications to the incorporated elements maintain compliance; -- Utilizing Our Packages as dependencies or modules in Your Work -- Not modifying the internal code of Our Packages -- Not incorporating any other parts of Our Software beyond the Packages +**(c)** Users of the Work understand their rights and obligations; -#### 5.1.2. Scope of Exemption +**(d)** Any conflicts between different licence terms are properly resolved and documented. + +## 5. USE OF PACKAGES + +Certain Software may be packaged and distributed specifically for use as dependencies or components in other Works. Such Packages may be used under the following terms. + +### 5.1 Source Code Requirements + +Works that solely use Our Packages as dependencies, without incorporating any other elements of Our Software, are not required to provide a link to Our Software's Source Code. This provision aims to simplify the use of Our Packages in other projects whilst maintaining the essential protections of this Licence. + +#### 5.1.1 Definition of "Solely Using Our Packages" + +"Solely using Our Packages" means: + +**(a)** Utilising Our Packages as dependencies, modules, or libraries in Your Work through standard package management or import mechanisms; + +**(b)** Not modifying the internal code or functionality of Our Packages; + +**(c)** Not incorporating any other parts of Our Software beyond the specific Packages; + +**(d)** Using the Packages only through their intended public interfaces and APIs. + +#### 5.1.2 Scope of Source Code Exemption This exemption from providing a link to Our Source Code: -- Applies only to Works that use Our Packages as-is -- Does not extend to any modifications or derivatives of Our Packages +**(a)** Applies only to Works that use Our Packages in their unmodified form; -#### 5.1.3. Recommended Practice +**(b)** Does not extend to any modifications, derivatives, or customisations of Our Packages; -While not required, We encourage You to: +**(c)** Does not exempt You from other obligations under this Licence; -- Mention the use of Our Packages in Your documentation -- Provide a link to Our Packages' documentation or repository for reference +**(d)** May be revoked if the Packages are used in ways not contemplated by this section. -#### 5.1.4. Responsibility for Updates +#### 5.1.3 Recommended Best Practices -You are responsible for: +Whilst not required, We encourage You to: -- Keeping Our Packages updated in Your Work -- Addressing any security issues that may arise from using Our Packages +**(a)** Acknowledge the use of Our Packages in Your documentation or credits; -#### 5.1.5. No Implication of Endorsement +**(b)** Provide a link to Our Packages' documentation or repository for reference; -The use of Our Packages does not imply Our endorsement of Your Work. You must not claim or imply such endorsement without Our explicit permission. +**(c)** Keep the Packages updated to the latest stable versions; -## 6. Distribution +**(d)** Report any bugs or issues You encounter to help improve the Packages. -Our Software, as well as any Works derived from Our Software, may be distributed under the following terms. +#### 5.1.4 Responsibility for Package Management -### 6.1. Source Code +When using Our Packages, You are responsible for: -Any Works that are publicly hosted must link to: +**(a)** Ensuring compatibility with Your Work and other dependencies; -- The Source Code for the Work, if the Work falls under Section 2. -- The Source Code for incorporations of or modifications to Our Software, if the Work falls under Sections 3 or 4. +**(b)** Managing updates and version control for the Packages; -#### 6.1.1. Definition of "Publicly Hosted" +**(c)** Addressing any security issues that may arise from using outdated versions; -For the purposes of this License, "publicly hosted" means: +**(d)** Complying with any additional requirements specific to individual Packages. -- Available for use, download, or access by the general public -- Distributed through any public platform, including but not limited to websites, app stores, or code repositories -- Shared with any third parties outside of Your organization +#### 5.1.5 No Implied Endorsement -#### 6.1.2. Source Code Availability Requirements +The use of Our Packages in Your Work does not imply Our endorsement, approval, or recommendation of Your Work. You must not claim or suggest such endorsement without Our explicit written permission. + +## 6. DISTRIBUTION REQUIREMENTS + +Our Software, as well as any Works derived from Our Software, may be distributed under the following terms and conditions. + +### 6.1 Source Code Availability Requirements + +Any Works that are publicly hosted or distributed must provide appropriate access to Source Code as specified below. + +#### 6.1.1 Definition of "Publicly Hosted" + +"Publicly hosted" means: + +**(a)** Available for use, download, or access by members of the general public; + +**(b)** Distributed through any public platform, including but not limited to websites, application stores, software repositories, or distribution networks; + +**(c)** Shared with any third parties outside of Your immediate organisation or development team; + +**(d)** Made available through any means that allows access by persons other than the original developers. + +#### 6.1.2 Source Code Requirements by Category + +The Source Code availability requirements depend on the category of Work: + +**(a)** **Works under Section 2 (Custom Instances):** Must link to the complete Source Code for the entire Work; + +**(b)** **Works under Section 3 (Modifications):** Must link to the Source Code for all modifications and the original Software; + +**(c)** **Works under Section 4 (Incorporations):** Must link to the Source Code for incorporated elements and any modifications thereof; + +**(d)** **Works under Section 5 (Package Usage):** No Source Code linking requirement for the Work itself, but Package source must remain available. + +#### 6.1.3 Source Code Accessibility Standards The Source Code must be: -- Easily accessible through a prominent link -- Available without requiring payment or registration -- Complete and sufficient to build and run the Work -- Provided in a format commonly used for software development +**(a)** Easily accessible through a prominent, clearly labelled link or reference; -#### 6.1.3. Linking Requirements +**(b)** Available without requiring payment, registration, or special permissions; -The link to the Source Code must be: +**(c)** Complete and sufficient to understand, build, and run the relevant portions of the Work; -- Clearly visible and easily discoverable -- Included in the Work's documentation, README file, or equivalent -- Present on any website or platform where the Work is distributed -- Functional and directly leading to the Source Code +**(d)** Provided in a format commonly used for software development and collaboration; -#### 6.1.4. Version Correspondence +**(e)** Hosted on a reliable platform with reasonable uptime guarantees. + +#### 6.1.4 Linking and Reference Requirements + +The link or reference to the Source Code must be: + +**(a)** Prominently displayed and easily discoverable by users; + +**(b)** Included in the Work's primary documentation, README file, or equivalent; + +**(c)** Present on any website, platform, or location where the Work is distributed or promoted; + +**(d)** Functional and leading directly to the complete Source Code; + +**(e)** Maintained and updated to reflect the current version of the Work. + +#### 6.1.5 Version Correspondence The linked Source Code must: -- Correspond exactly to the distributed version of the Work -- Be updated promptly with each new release or significant update +**(a)** Correspond exactly to the distributed version of the Work; -#### 6.1.5. Hosting and Maintenance +**(b)** Be updated promptly and synchronously with each new release or significant update; + +**(c)** Include appropriate version tags, branches, or commit references; + +**(d)** Provide clear documentation of which Source Code version corresponds to which distributed version. + +#### 6.1.6 Hosting and Maintenance Responsibilities You are responsible for: -- Ensuring the continuous availability of the linked Source Code -- Maintaining the integrity and security of the hosting platform -- Providing an alternative means of accessing the Source Code if the primary link becomes unavailable +**(a)** Ensuring the continuous availability and accessibility of the linked Source Code; -#### 6.1.6. License Inclusion +**(b)** Maintaining the integrity, security, and reliability of the hosting platform; -The Source Code repository must include: +**(c)** Providing alternative means of accessing the Source Code if the primary link becomes unavailable; -- A copy of this License -- Clear instructions on how to obtain and use the Source Code +**(d)** Responding promptly to reports of inaccessible or broken links. -#### 6.1.7. Modifications and Incorporations +#### 6.1.7 Licence and Documentation Inclusion + +The Source Code repository or location must include: + +**(a)** A complete copy of this Licence in its most current version; + +**(b)** Clear instructions on how to obtain, build, and use the Source Code; + +**(c)** Appropriate attribution and copyright notices; + +**(d)** Documentation of any dependencies, requirements, or special build instructions. + +#### 6.1.8 Modifications and Incorporations Documentation For Works falling under Sections 3 or 4: -- Clearly indicate which parts are derived from or incorporate Our Software -- Provide separate links to the Source Code of Our original Software and Your modifications, if applicable +**(a)** Clearly indicate and document which parts are derived from or incorporate Our Software; -#### 6.1.8. Exceptions +**(b)** Provide separate links or clear references to the Source Code of Our original Software; + +**(c)** Document the nature and extent of any modifications made; + +**(d)** Explain the relationship between the modified Work and the original Software. + +#### 6.1.9 Exceptions and Special Circumstances Exemptions from these Source Code linking requirements: -- Must be explicitly granted by Us in writing -- Will be considered on a case-by-case basis -- Do not exempt You from other terms of this License +**(a)** Must be explicitly requested in writing with detailed justification; -#### 6.1.9. Consequences of Non-Compliance +**(b)** Will be considered on a case-by-case basis at Our sole discretion; -Failure to comply with these Source Code linking requirements may result in: +**(c)** Do not exempt You from other terms and obligations of this Licence; -- Revocation of Your rights under this License -- A requirement to immediately cease distribution of the Work -- Legal action to enforce compliance +**(d)** May be subject to alternative arrangements or additional conditions. -## 7. Attribution +#### 6.1.10 Consequences of Non-Compliance -All modifications of Our Software must be attributed to the original author(s) of the Software. This requirement ensures proper recognition of the original creators and maintains transparency about the software's lineage. +Failure to comply with Source Code availability requirements may result in: + +**(a)** Immediate revocation of Your rights under this Licence; + +**(b)** A legal requirement to cease distribution of the non-compliant Work; + +**(c)** Legal action to enforce compliance and seek appropriate remedies; + +**(d)** Public notice of non-compliance to inform the community and protect Our rights. + +## 7. ATTRIBUTION REQUIREMENTS + +All modifications and derivative works of Our Software must provide appropriate attribution to the original author(s) of the Software. This requirement ensures proper recognition of creators and maintains transparency about the Software's lineage and development history. ### 7.1 Required Attribution Elements -When distributing modifications of Our Software, You must include the following attribution elements: +When distributing modifications or derivative works of Our Software, You must include the following attribution elements: -- The name(s) of the original author(s) or organization(s) -- The title of the original Software -- A link to the original Software's repository or website -- The copyright notice associated with the original Software +**(a)** The full name(s) of the original author(s) or organisation(s); -### 7.2. Placement of Attribution +**(b)** The complete title of the original Software; -The attribution must be prominently displayed in: +**(c)** A direct link to the original Software's repository, website, or official distribution location; -- The source code of the modified Software -- Any documentation accompanying the modified Software -- The user interface, if applicable and reasonable +**(d)** The copyright notice associated with the original Software; -### 7.3. Format of Attribution +**(e)** A clear statement that the Work is derived from or incorporates Our Software. -The attribution should be presented in a clear and readable format. For example: +### 7.2 Placement and Visibility of Attribution -```md -This software is a modification of [Original Software Name] by Naomi Carrigan. +The attribution must be prominently displayed and easily accessible in: + +**(a)** The source code of the modified or derivative Software; + +**(b)** All documentation accompanying the modified Software; + +**(c)** The user interface of the Software, where applicable and reasonable to do so; + +**(d)** Any promotional materials, websites, or descriptions of the derivative Work; + +**(e)** Distribution packages, installation files, and software repositories. + +### 7.3 Format and Presentation of Attribution + +The attribution should be presented in a clear, readable, and professional format. A recommended format is: + +``` +This software is based upon [Original Software Name] by Naomi Carrigan. Original software: [Link to original repository] -Copyright (c) 2024 Naomi Carrigan +Copyright © [Year] Naomi Carrigan + +Modifications made by [Your Name/Organisation]: +- [Brief description of modifications] +- [Additional modifications as applicable] ``` -### 7.4. Attribution in Derivative Works +### 7.4 Attribution in Derivative Works -If Your modifications result in a substantially different Work: +When Your modifications result in a substantially different Work: -- You must still provide attribution to the original Software -- You may add Your own copyright notice alongside the original attribution -- You should clearly indicate which parts are Your modifications +**(a)** You must still provide complete attribution to the original Software; -### 7.5. Prohibition on Misattribution +**(b)** You may add Your own copyright notice alongside, but not in place of, the original attribution; -You must not: +**(c)** You should clearly indicate which parts represent Your modifications or additions; -- Misrepresent the origin of the Software -- Imply endorsement by the original authors without explicit permission -- Remove or alter any existing attribution in the original Software +**(d)** The relationship to the original Software must remain clear and unambiguous. -### 7.6. Attribution in Binary Distributions +### 7.5 Prohibition on Misattribution -If You distribute only binary versions of the modified Software: +You must not engage in any form of misattribution, including: -- The attribution must be included in accompanying documentation -- You must provide a means for users to view the full attribution and license +**(a)** Misrepresenting or obscuring the origin or authorship of the original Software; -### 7.7 Attribution in Larger Works +**(b)** Implying endorsement, approval, or sponsorship by the original authors without explicit permission; -If You include the modified Software as part of a larger work: +**(c)** Removing, altering, or obscuring any existing attribution in the original Software; -- The attribution for Our Software must be clearly distinguishable -- You must not imply that the entire work is governed by this License +**(d)** Claiming original authorship of code or content that derives from Our Software. -### 7.8. Updates to Attribution +### 7.6 Attribution in Binary Distributions -You are responsible for keeping the attribution up-to-date if: +When You distribute only compiled binaries or executable versions of modified Software: -- The original Software updates its attribution requirements -- You incorporate additional third-party components that require attribution +**(a)** The attribution must be included in all accompanying documentation and materials; -### 7.9. Waiver of Attribution +**(b)** You must provide a readily accessible means for users to view the complete attribution and licence information; -Any waiver of these attribution requirements must be explicitly granted by Us in writing. +**(c)** Attribution information should be accessible through standard software information dialogs or help systems; -## 8. Downstream Behaviour +**(d)** Installation packages must include attribution information in a prominent location. -Works that use or modify our Software or Packages are still required to follow our Code of Conduct. This ensures that all projects associated with Our Software maintain ethical standards and foster a positive community. +### 7.7 Attribution in Larger Works and Collections -### 8.1. Scope of Code of Conduct Application +When You include modified Software as part of a larger work or software collection: -The Code of Conduct applies to: +**(a)** The attribution for Our Software must be clearly distinguishable from attributions for other components; -- The development process of Works using Our Packages -- Any community interactions related to the use of Our Packages -- Support forums, issue trackers, or other platforms where Our Packages are discussed in relation to Your Work +**(b)** You must not imply that the entire work or collection is governed solely by this Licence; -### 8.2. Responsibility for Enforcement +**(c)** Each component's attribution and licensing information must be clearly separated and identified; + +**(d)** Users must be able to easily identify which parts are subject to this Licence. + +### 7.8 Updates and Maintenance of Attribution You are responsible for: -- Ensuring that contributors to Your Work are aware of and adhere to Our Code of Conduct -- Enforcing the Code of Conduct in Your project's community spaces -- Addressing violations of the Code of Conduct promptly and appropriately +**(a)** Keeping attribution information current and accurate; -### 8.3. Reporting Violations +**(b)** Updating attribution if the original Software changes its attribution requirements; -If You encounter violations of the Code of Conduct related to the use of Our Packages: +**(c)** Adding appropriate attribution when incorporating additional third-party components; -- You should address them within Your project's scope if they occur in Your community spaces -- You may report serious or persistent violations to Us for further action +**(d)** Correcting any errors in attribution information when they are identified. -### 8.4. Consequences of Non-Compliance +### 7.9 Waiver and Modification of Attribution -Failure to adhere to the Code of Conduct may result in: +Any waiver or modification of these attribution requirements: -- Revocation of Your right to use Our Packages -- Disassociation of Your Work from Our Software ecosystem -- Public notice of non-compliance, if deemed necessary +**(a)** Must be explicitly granted by Us in writing; -### 8.5. Modifications to the Code of Conduct +**(b)** Will be considered on a case-by-case basis; -We reserve the right to update Our Code of Conduct. You are responsible for: +**(c)** Does not affect other obligations under this Licence; -- Staying informed about any changes to the Code of Conduct -- Implementing updated versions of the Code of Conduct in a timely manner +**(d)** May be subject to specific conditions or limitations. -### 8.6. Extending the Code of Conduct +## 8. DOWNSTREAM BEHAVIOUR AND CONDUCT -You may extend or adapt the Code of Conduct for Your specific project needs, provided that: +All Works that use or modify Our Software or Packages must adhere to Our Code of Conduct. This requirement ensures that all projects associated with Our Software maintain ethical standards and foster positive, inclusive communities. -- Your modifications do not weaken or contradict Our original Code of Conduct -- You clearly indicate which parts are Your extensions +### 8.1 Scope of Code of Conduct Application -## 9. Assets +Our Code of Conduct applies to: -Any non-Software Asset, unless specifically provided with the Source Code of Our Software, may not be used in any Modifications, Incorporations, or Distributions of Our Software. +**(a)** The development process and community interactions for Works using Our Software or Packages; -Assets specifically belong to Us, and the License does not grant any rights to reuse, modification, or distribution of Assets. -Prior versions of Our Software may have included Assets which were removed in a later version. The removal of an Asset from Our Source Code constitutes a revocation of the rights to use said Asset. +**(b)** Any community forums, discussions, or platforms where Our Software is discussed in relation to Your Work; -### 9.1 Definition of Assets +**(c)** Support channels, issue trackers, or communication platforms related to derivative works; -For the purposes of this License, "Assets" include, but are not limited to: +**(d)** Professional representation and conduct when publicly associated with Our Software. -- Images, icons, and graphics -- Audio files and sound effects -- Video content -- Fonts and typefaces -- Logos and branding materials -- Text content and documentation not integral to the Software's functionality -- Data files and databases +### 8.2 Responsibility for Enforcement -### 9.2 Ownership and Rights +As a user of Our Software, You are responsible for: -- We retain full ownership and all rights to all Assets associated with Our Software. -- The License granted for the Software does not extend to any Assets unless explicitly stated. +**(a)** Ensuring that all contributors to Your Work are aware of and agree to adhere to Our Code of Conduct; -### 9.3 Prohibited Uses +**(b)** Actively enforcing the Code of Conduct within Your project's community spaces and interactions; -You may not: +**(c)** Addressing violations promptly, fairly, and in accordance with established procedures; -- Use Our Assets in any Modifications of Our Software -- Incorporate Our Assets into other Works -- Distribute Our Assets separately from or alongside Our Software -- Alter, manipulate, or create derivative works of Our Assets +**(d)** Creating and maintaining a positive, inclusive environment that reflects the values of Our Code of Conduct. -### 9.4 Exceptions +### 8.3 Reporting and Addressing Violations -- Assets that are explicitly marked as freely usable or provided under a separate license within Our Source Code may be used according to the terms specified for those specific Assets. -- Any exceptions must be granted by Us in writing and will be considered on a case-by-case basis. +When You encounter violations of the Code of Conduct: -### 9.5 Removal and Revocation +**(a)** Address them appropriately within Your project's scope if they occur in spaces You control; -- We reserve the right to remove any Asset from Our Software at any time. -- The removal of an Asset from Our Source Code immediately revokes any previous rights or permissions to use that Asset, even if it was present in earlier versions of the Software. +**(b)** Report serious, persistent, or egregious violations to Us for investigation and potential action; -### 9.5.3 Upon removal of an Asset, You must: +**(c)** Cooperate with Our investigations and enforcement efforts; -- Cease all use of the removed Asset -- Remove the Asset from any Modifications or Distributions of Our Software -- Ensure that the Asset is not used in any future versions or forks of Our Software under Your control +**(d)** Take corrective measures to prevent recurrence of violations. -### 9.6 Responsibility +### 8.4 Consequences of Non-Compliance -- You are responsible for ensuring that You do not use, modify, or distribute Our Assets in violation of these terms. -- You agree to indemnify and hold Us harmless from any claims arising from Your unauthorized use of Our Assets. +Failure to adhere to Our Code of Conduct may result in: -### 9.7 Reporting Violations +**(a)** Revocation of Your right to use Our Software or Packages; -If You become aware of any unauthorized use of Our Assets, You are encouraged to report this to Us immediately. +**(b)** Exclusion of Your Work from Our Software ecosystem and community; -### 9.8 No Implied Rights +**(c)** Public notice of non-compliance to protect the community; -The presence of an Asset in Our Software does not imply any right to use that Asset outside the scope of this License. +**(d)** Legal action where violations involve illegal conduct or cause significant harm. -### 9.9 Separate Agreements +### 8.5 Updates and Evolution of Code of Conduct -For any use of Our Assets not covered by this License, a separate agreement must be negotiated and obtained from Us. +We reserve the right to update and evolve Our Code of Conduct. You are responsible for: -## 10. Contributions +**(a)** Staying informed about changes to the Code of Conduct; -By making contributions to the software, whether in the form of code, documentation, or any other material, You agree to the following: +**(b)** Implementing updated versions in a timely manner; -### 10.1 Grant of Copyright +**(c)** Communicating changes to Your community and contributors; -You hereby grant Us and Our successors a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license to use, reproduce, modify, distribute, sublicense, and otherwise exploit Your Contributions, including any intellectual property rights therein, in any manner and for any purpose, without any obligation to provide attribution or compensation. +**(d)** Ensuring ongoing compliance with the most current version. -You retain all copyright over Your individual Contributions, and may use Your Contributions in Works outside of this License. Contributing to Our Software does not grant any copyright over the Software, with or without your Contributions. +### 8.6 Extension and Customisation -#### 10.1.1 Scope of License +You may extend or customise the Code of Conduct for Your specific project needs, provided that: -This license grant covers: +**(a)** Your modifications do not weaken, contradict, or undermine Our original Code of Conduct; -- All forms of Your Contributions, including but not limited to source code, documentation, designs, and ideas -- Any patents You own or control that are necessarily infringed by Your Contributions +**(b)** You clearly indicate which parts are Your extensions or modifications; -#### 10.1.2 Our Rights +**(c)** The core principles and values of Our Code of Conduct are preserved and respected; -We may: +**(d)** Your extensions promote the same inclusive and respectful community standards. -- Incorporate Your Contributions into the Software at Our discretion -- Modify or adapt Your Contributions as We see fit -- Remove Your Contributions from the Software at any time +## 9. ASSETS AND PROPRIETARY MATERIALS -#### 10.1.3 Your Retained Rights +Any non-Software Assets, unless specifically provided with and integrated into the Source Code of Our Software, may not be used in any Modifications, Incorporations, or Distributions of Our Software. -You retain the right to: +### 9.1 Comprehensive Definition of Assets -- Use Your Contributions in other projects -- License Your Contributions to others under different terms +For the purposes of this Licence, "Assets" include, but are not limited to: -#### 10.1.4 No Obligation for Inclusion +**(a)** Images, photographs, illustrations, and graphical elements; -We are under no obligation to include Your Contributions in the Software. +**(b)** Icons, logos, and user interface design elements; -### 10.2 Licensing of Contributions +**(c)** Audio files, sound effects, and musical compositions; -All contributions You make to the Software will be licensed under the same terms and conditions as the original Software, subject to the terms of this License. You understand and acknowledge that Your Contributions will become an integral part of the software and will be subject to the same rights and obligations as the original codebase. +**(d)** Video content, animations, and multimedia presentations; -#### 10.2.1 Integration with Existing License +**(e)** Fonts, typefaces, and typographical designs; -Your Contributions will be subject to: +**(f)** Logos, trademarks, service marks, and branding materials; -- All terms and conditions of this License -- Any future modifications to the License that We may make +**(g)** Text content and documentation not integral to the Software's functionality; -#### 10.2.2 No Special Rights +**(h)** Data files, databases, and content repositories; -Contributing does not grant You: +**(i)** Design templates, layouts, and aesthetic elements. -- Any special rights or privileges within the project -- The ability to dictate how Your Contributions are used or modified +### 9.2 Ownership and Rights Reservation -#### 10.2.3 Future License Changes +**(a)** We retain complete and exclusive ownership of all rights, title, and interest in and to all Assets associated with Our Software; -You agree that We may: +**(b)** The Licence granted for the Software does not extend to any Assets unless explicitly stated otherwise; -- Change the license of the entire Software, including Your Contributions, in the future -- Dual-license the Software, including Your Contributions, under additional licenses +**(c)** All intellectual property rights in Assets remain reserved to Us; -### 10.3 Representation +**(d)** No rights to Assets are granted by implication, estoppel, or otherwise. -You represent and warrant that You have the necessary rights to grant the above License and that Your Contributions do not infringe upon the intellectual property rights or other legal rights of any third party. +### 9.3 Comprehensive Prohibition on Asset Use -#### 10.3.1 Originality +You are expressly prohibited from: -You confirm that Your Contributions are: +**(a)** Using Our Assets in any Modifications or derivative works of Our Software; -- Your original work, or -- Derived from sources that You have the right to use and contribute under these terms +**(b)** Incorporating Our Assets into other Works, projects, or applications; -#### 10.3.2 Third-Party Content +**(c)** Distributing Our Assets separately from or alongside Our Software; -If Your Contributions include or are based on third-party content, You warrant that: +**(d)** Altering, manipulating, editing, or creating derivative works based on Our Assets; -- You have obtained all necessary permissions to include such content -- You have clearly identified any third-party content and its source +**(e)** Using Our Assets for commercial purposes or in connection with commercial activities; -#### 10.3.3 Employment and Contractual Obligations +**(f)** Sublicensing, selling, or otherwise transferring rights in Our Assets to third parties. -You warrant that: +### 9.4 Limited Exceptions and Permissions -- Your Contributions do not violate any employment or contractual obligations You may have -- You have obtained any necessary permissions from Your employer or clients to make these Contributions +**(a)** Assets that are explicitly designated as freely usable or provided under a separate licence within Our Source Code may be used according to the specific terms designated for those Assets; -#### 10.3.4 Intellectual Property Claims +**(b)** Any use of Assets beyond these limited exceptions requires Our explicit written permission; -You agree to: +**(c)** Requests for permission to use Assets will be considered on a case-by-case basis at Our sole discretion; -- Promptly notify Us of any third-party intellectual property claims related to Your Contributions -- Cooperate with Us in addressing any such claims +**(d)** Granted permissions may be subject to specific conditions, limitations, or requirements. -#### 10.3.5 Accuracy of Information +### 9.5 Asset Removal and Revocation of Rights -You confirm that any information You provide about Your Contributions is accurate and complete to the best of Your knowledge. +**(a)** We reserve the absolute right to remove any Asset from Our Software at any time and for any reason; -## 11. Warranty +**(b)** The removal of an Asset from Our Source Code immediately and automatically revokes any previous rights or permissions to use that Asset; -The Software provided under this license is provided "as is," without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. The entire risk as to the quality and performance of the software is with You. Should the software prove defective, You assume the cost of all necessary servicing, repair, or correction. +**(c)** Such revocation applies retroactively, including to Assets present in earlier versions of the Software; -### 11.1 Disclaimer of Warranties +**(d)** No compensation or consideration is owed for revoked Asset rights. -We explicitly disclaim all warranties, whether express, implied, or statutory, including but not limited to: +### 9.6 Obligations Upon Asset Removal -- Any warranty of merchantability -- Fitness for a particular purpose -- Non-infringement of third-party rights -- Absence of latent or other defects -- Accuracy or completeness of the Software +Upon removal of an Asset from Our Software, You must immediately: -We make no warranties or representations regarding the use of the Software in terms of: +**(a)** Cease all use of the removed Asset in any context; -- Correctness -- Accuracy -- Reliability -- Current-ness -- Or otherwise +**(b)** Remove the Asset from any Modifications, derivative works, or distributions under Your control; -### 11.2 "As Is" Basis +**(c)** Ensure that the Asset is not used in any current or future versions of Works derived from Our Software; -You expressly understand and agree that your use of the Software is at your sole risk and that the Software is provided "as is" and "as available." +**(d)** Take reasonable measures to notify any downstream users or distributors of the requirement to remove the Asset. -Any material downloaded or otherwise obtained through the use of the Software is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. - -### 11.3 No Guarantee of Performance or Results - -We do not warrant that: - -- The Software will meet your requirements -- The Software will be uninterrupted, timely, secure, or error-free -- The results that may be obtained from the use of the Software will be accurate or reliable -- Any errors in the Software will be corrected - -### 11.4 Third-Party Content and Services - -We make no warranties regarding any third-party content or services that may be accessible through the Software. - -Your interactions with such third-party content or services are solely between you and the third party. - -### 11.5 Security - -While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security. - -### 11.6 Modifications and Updates - -We reserve the right to modify, suspend, or discontinue the Software at any time without notice. - -We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Software. - -### 11.7 Your Responsibility - -You acknowledge that: - -- The software may contain errors, bugs, or inaccuracies -- It may not function as intended or expected -- You use it at your own risk and discretion - -You are solely responsible for determining whether the software is suitable for your intended use. - -### 11.8 Limitation of Remedies - -Your exclusive remedy and our entire liability for any breach of this warranty shall be, at our option: - -- Return of the price paid for the software (if any) -- Repair or replacement of the software - -## 12. Limitation of Liability - -In no event unless required by applicable law or agreed to in writing will We or Our Contributors be liable to You for damages, including any general, special, incidental, or consequential damages arising out of the use or inability to use the software (including but not limited to loss of data or data being rendered inaccurate or losses sustained by You or third parties), even if We or Our Contributors have been advised of the possibility of such damages. - -Absolutely no liability will be held for Modifications or Incorporations of the Software. You are solely responsible for any damages caused by Your Modifications or Incorporations. - -### 12.1 Scope of Limitation - -This limitation of liability applies to: - -- Us (the software providers) -- Our Contributors -- Any affiliated entities, directors, officers, employees, or agents - -This limitation covers all forms of legal action, whether in contract, tort (including negligence), strict liability, or otherwise. - -### 12.2 Types of Damages Excluded - -We shall not be liable for any: - -- Direct damages -- Indirect damages -- Incidental damages -- Special damages -- Consequential damages -- Punitive damages - -This includes, but is not limited to, damages for: - -- Loss of profits -- Loss of business -- Business interruption -- Loss of business opportunity -- Loss of goodwill -- Loss of use -- Loss or corruption of data -- Cost of procurement of substitute goods or services - -### 12.3 Use of Software - -We shall not be liable for any damages arising from: - -- The use of the software -- The inability to use the software -- Any defect in the software -- Any error or omission in the software - -This applies even if We or Our Contributors have been advised of the possibility of such damages. - -### 12.4 Modifications and Incorporations - -We explicitly disclaim all liability for any Modifications or Incorporations of the Software. - -You assume full responsibility and risk for: - -- Any modifications You make to the Software -- Any incorporations of the Software into other works - -You agree to indemnify and hold Us harmless from any claims arising from Your Modifications or Incorporations. - -### 12.5 Third-Party Claims - -We shall not be liable for any claims or damages arising from third-party use of the Software, including use of any Modifications or Incorporations You create. - -### 12.6 Limitation Amount - -In jurisdictions that do not allow the exclusion or limitation of liability for certain damages, Our liability shall be limited to the maximum extent permitted by law. - -In no event shall Our total liability to You for all damages exceed the amount paid by You for the Software, if any. - -### 12.7 Essential Purpose - -You acknowledge that this limitation of liability is an essential part of the bargain between You and Us and shall apply even if any remedy fails of its essential purpose. - -### 12.8 Severability - -If any portion of this limitation of liability is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect. - -## 13. Your Responsibility - -You acknowledge and agree that Your use of the Software is at Your sole risk and discretion, and You are solely responsible for any loss or damage to Your computer system or other device, or loss of data that results from such use. You are also responsible for ensuring that Your use of the Software complies with all applicable laws and regulations. - -### 13.1 Assumption of Risk - -You expressly understand and agree that: - -- Your use of the Software is at Your own risk -- You are solely responsible for any consequences resulting from Your use of the Software - -This assumption of risk includes, but is not limited to: - -- Any damage to Your computer systems or devices -- Loss of data -- Any other adverse effects resulting from the use or misuse of the Software - -### 13.2 System Requirements and Compatibility - -You are responsible for: - -- Ensuring Your systems meet the minimum requirements for running the Software -- Verifying the compatibility of the Software with Your existing hardware and software - -We do not guarantee that the Software will be compatible with all systems or configurations. - -### 13.3 Data Management +### 9.7 User Responsibility and Compliance You are solely responsible for: -- Backing up Your data before using the Software -- Implementing appropriate data management and protection measures +**(a)** Ensuring that You do not use, modify, or distribute Our Assets in violation of these terms; -We are not responsible for any data loss or corruption that may occur as a result of using the Software. +**(b)** Monitoring Your use of Our Software to identify any Assets that may be subject to these restrictions; -### 13.4 Legal Compliance +**(c)** Implementing appropriate measures to prevent unauthorised use of Our Assets; -You are responsible for ensuring that Your use of the Software complies with: +**(d)** Training any team members or collaborators about these Asset restrictions. -- All applicable local, state, national, and international laws and regulations -- Any specific regulations pertaining to Your industry or field of use +### 9.8 Indemnification for Asset Violations + +You agree to indemnify, defend, and hold Us harmless from and against any and all claims, damages, losses, costs, expenses, or legal actions arising from Your unauthorised use, modification, or distribution of Our Assets. + +### 9.9 Reporting Asset Violations + +If You become aware of any unauthorised use of Our Assets, whether by Yourself or others, You are strongly encouraged to report such use to Us immediately through Our established reporting channels. + +### 9.10 No Implied Rights or Permissions + +**(a)** The mere presence of an Asset in Our Software does not imply any right to use that Asset outside the scope explicitly permitted by this Licence; + +**(b)** No rights in Assets arise by implication, course of dealing, or otherwise; + +**(c)** Any uncertainty regarding Asset rights should be resolved through direct communication with Us. + +### 9.11 Separate Agreements for Asset Use + +For any use of Our Assets not covered by this Licence or the limited exceptions noted herein, a separate written agreement must be negotiated and executed with Us prior to any such use. + +## 10. CONTRIBUTIONS TO OUR SOFTWARE + +By making Contributions to Our Software, whether in the form of code, documentation, Assets, or any other materials, You agree to the following terms and grant the rights specified below. + +### 10.1 Grant of Copyright Licence + +You hereby grant to Us and Our successors a perpetual, worldwide, non-exclusive, royalty-free, irrevocable licence to: + +**(a)** Use, reproduce, modify, adapt, and create derivative works from Your Contributions; + +**(b)** Distribute, sublicense, and otherwise exploit Your Contributions in any manner and for any purpose; + +**(c)** Incorporate Your Contributions into Our Software and related projects; + +**(d)** Exercise all intellectual property rights in Your Contributions, including but not limited to copyright and patent rights. + +#### 10.1.1 Scope of Rights Granted + +This licence grant encompasses: + +**(a)** All forms of Your Contributions, including source code, documentation, designs, ideas, and any other materials; + +**(b)** Any patents You own or control that are necessarily infringed by Your Contributions or their incorporation into Our Software; + +**(c)** All current and future intellectual property rights in Your Contributions; + +**(d)** The right to use Your Contributions in ways that may differ from their original intended purpose. + +#### 10.1.2 Our Rights and Discretion + +We retain complete discretion to: + +**(a)** Accept or reject any Contributions at Our sole discretion; + +**(b)** Incorporate Your Contributions into Our Software in whole or in part; + +**(c)** Modify, adapt, or combine Your Contributions with other materials; + +**(d)** Remove Your Contributions from Our Software at any time without notice or explanation. + +#### 10.1.3 Your Retained Rights + +Notwithstanding the licence grant above, You retain: + +**(a)** Copyright ownership in Your original Contributions; + +**(b)** The right to use Your Contributions in other projects under different licensing terms; + +**(c)** The right to licence Your Contributions to others independently of this grant; + +**(d)** All moral rights in Your Contributions to the extent recognised by applicable law. + +#### 10.1.4 No Obligation for Attribution or Compensation + +**(a)** We are under no obligation to provide attribution, credit, or recognition for Your Contributions; + +**(b)** No compensation, royalty, or other payment is owed for Your Contributions; + +**(c)** We may use Your Contributions without any ongoing obligations to You; + +**(d)** Your Contributions become part of Our Software without creating any special relationship or ongoing rights. + +### 10.2 Licensing of Contributions + +All Contributions You make to Our Software will be subject to the same licence terms and conditions as Our original Software, governed by this Licence. + +#### 10.2.1 Integration with Existing Licence + +Your Contributions will be: + +**(a)** Subject to all current terms and conditions of this Licence; + +**(b)** Bound by any future modifications to this Licence that We may implement; + +**(c)** Treated as integral parts of Our Software for all licensing purposes; + +**(d)** Available to all users under the same terms as Our original Software. + +#### 10.2.2 No Special Rights or Status + +Contributing to Our Software does not grant You: + +**(a)** Any special rights, privileges, or status within Our project; + +**(b)** The ability to influence how Your Contributions are used, modified, or distributed; + +**(c)** Veto power over decisions regarding Your Contributions; + +**(d)** Any ongoing involvement in the direction or management of Our Software. + +#### 10.2.3 Future Licence Changes + +You acknowledge and agree that: + +**(a)** We may change the licence of Our Software, including Your Contributions, at any time; + +**(b)** We may dual-licence or multi-licence Our Software under additional licences; + +**(c)** Such licence changes will apply to Your Contributions without requiring Your separate consent; + +**(d)** You waive any right to object to reasonable licence changes. + +### 10.3 Representations and Warranties + +You represent and warrant that You have all necessary rights to grant the above licences and that Your Contributions do not infringe upon any intellectual property rights or other legal rights of any third party. + +#### 10.3.1 Originality and Ownership + +You confirm that Your Contributions are: + +**(a)** Your original work product created independently by You; + +**(b)** Derived from sources for which You have all necessary rights to contribute under these terms; + +**(c)** Free from any encumbrances, restrictions, or claims by third parties; + +**(d)** Not subject to any conflicting obligations or agreements. + +#### 10.3.2 Third-Party Content and Dependencies + +If Your Contributions include or are based upon third-party content, You warrant that: + +**(a)** You have obtained all necessary permissions, licences, and rights to include such content; + +**(b)** You have clearly identified any third-party content and disclosed its source and licensing terms; + +**(c)** The inclusion of such third-party content is legally permissible and does not create liability for Us; + +**(d)** Such third-party content is compatible with the terms of this Licence. + +#### 10.3.3 Employment and Contractual Compliance + +You warrant that: + +**(a)** Your Contributions do not violate any employment agreement, contract, or other obligation You may have; + +**(b)** You have obtained any necessary permissions from Your employer, clients, or other relevant parties; + +**(c)** You are legally authorised to make these Contributions; + +**(d)** No third party has any claim or right that would limit Our use of Your Contributions. + +#### 10.3.4 Ongoing Obligations + +You agree to: + +**(a)** Promptly notify Us of any third-party claims or disputes related to Your Contributions; + +**(b)** Cooperate fully with Us in addressing any such claims or disputes; + +**(c)** Provide any additional documentation or information We may reasonably request; + +**(d)** Update Us if any of Your representations or warranties become untrue or inaccurate. + +#### 10.3.5 Accuracy and Completeness + +You confirm that: + +**(a)** All information You provide about Your Contributions is accurate and complete; + +**(b)** You have disclosed all relevant facts that might affect Our decision to accept Your Contributions; + +**(c)** You will promptly correct any errors or omissions in the information provided; + +**(d)** You understand the legal implications of the representations and warranties You are making. + +## 11. WARRANTIES AND DISCLAIMERS + +Our Software is provided to You on an "as is" and "as available" basis, without any warranties of any kind, whether express, implied, statutory, or otherwise. + +### 11.1 Comprehensive Disclaimer of Warranties + +We expressly disclaim all warranties and conditions, including but not limited to: + +**(a)** Any warranties of merchantability, quality, or fitness for a particular purpose; + +**(b)** Any warranties of non-infringement of third-party intellectual property rights; + +**(c)** Any warranties regarding the absence of latent or other defects, bugs, or errors; + +**(d)** Any warranties of accuracy, completeness, reliability, or currentness of the Software; + +**(e)** Any warranties that the Software will meet Your specific requirements or expectations; + +**(f)** Any warranties regarding the security, privacy, or data protection capabilities of the Software. + +### 11.2 "As Is" and "As Available" Basis + +You expressly understand and acknowledge that: + +**(a)** Your use of the Software is entirely at Your own risk and discretion; + +**(b)** The Software is provided in its current state without any promise of improvement, support, or maintenance; + +**(c)** We make no guarantees regarding the availability, uptime, or continued operation of any services related to the Software; + +**(d)** Any reliance upon the Software or any results obtained through its use is solely Your responsibility. + +### 11.3 No Guarantee of Performance or Results + +We do not warrant or guarantee that: + +**(a)** The Software will operate without interruption, errors, or defects; + +**(b)** The Software will be compatible with Your systems, hardware, or other software; + +**(c)** Any defects or errors in the Software will be corrected; + +**(d)** The Software will produce accurate, reliable, or expected results; + +**(e)** The Software will be secure against all possible threats or vulnerabilities; + +**(f)** Any data processed by the Software will be preserved, protected, or recoverable. + +### 11.4 Third-Party Content and Integrations + +We make no warranties or representations regarding: + +**(a)** Any third-party content, services, or applications that may be accessible through or integrated with the Software; + +**(b)** The accuracy, legality, or appropriateness of third-party materials; + +**(c)** The continued availability or functionality of third-party services; + +**(d)** Your interactions or transactions with third-party providers. + +### 11.5 Security and Data Protection + +Whilst We endeavour to implement reasonable security measures: + +**(a)** We cannot guarantee absolute security or protection against all possible threats; + +**(b)** You acknowledge that no software or system is completely secure; + +**(c)** You assume all risks related to data security, privacy, and protection when using the Software; + +**(d)** You are responsible for implementing additional security measures appropriate to Your use case. + +### 11.6 Modifications and Updates + +We reserve the right to: + +**(a)** Modify, update, suspend, or discontinue the Software at any time without notice; + +**(b)** Change the features, functionality, or interface of the Software; + +**(c)** Alter the terms under which the Software is made available; + +**(d)** We shall not be liable for any consequences resulting from such changes. + +### 11.7 Your Acknowledgment of Risk + +You acknowledge and accept that: + +**(a)** Software development inherently involves risks and uncertainties; + +**(b)** The Software may contain bugs, errors, inaccuracies, or incomplete features; + +**(c)** Use of the Software may result in unexpected behaviour, data loss, or system issues; + +**(d)** You bear sole responsibility for evaluating the suitability of the Software for Your intended purposes. + +### 11.8 Limitation of Remedies + +In the event of any breach of warranty (if any were provided), Your exclusive remedy would be, at Our sole option: + +**(a)** Return of any fees paid for the Software (which in most cases would be zero); + +**(b)** Reasonable efforts to repair or replace the defective Software; + +**(c)** Such remedies would constitute Your sole and exclusive remedy for any breach of warranty. + +## 12. LIMITATION OF LIABILITY + +To the maximum extent permitted by applicable law, We and Our Contributors shall not be liable for any damages of any kind arising out of or relating to Your use of the Software. + +### 12.1 Scope of Liability Limitation + +This limitation of liability applies to: + +**(a)** Us, as the creators and maintainers of the Software; + +**(b)** All Contributors who have submitted Contributions to the Software; + +**(c)** Any affiliated entities, subsidiaries, officers, directors, employees, agents, or representatives; + +**(d)** Any successors in interest or assigns. + +This limitation covers all forms of legal action, whether based in contract, tort (including negligence), strict liability, breach of warranty, or any other legal theory. + +### 12.2 Comprehensive Exclusion of Damages + +We shall not be liable for any: + +**(a)** **Direct damages:** Including but not limited to actual losses, costs, or expenses directly resulting from use of the Software; + +**(b)** **Indirect damages:** Including consequential, incidental, special, or punitive damages; + +**(c)** **Economic losses:** Including loss of profits, business income, revenue, or business opportunities; + +**(d)** **Operational impacts:** Including business interruption, loss of use, or loss of productivity; + +**(e)** **Data-related damages:** Including loss, corruption, or unauthorised access to data or information; + +**(f)** **Replacement costs:** Including the cost of procuring substitute goods, services, or technology; + +**(g)** **Reputational harm:** Including damage to reputation, goodwill, or business relationships. + +### 12.3 Software Use and Performance + +We shall not be liable for any damages arising from: + +**(a)** Your use, misuse, or inability to use the Software; + +**(b)** Any defects, bugs, errors, or malfunctions in the Software; + +**(c)** Any security vulnerabilities or breaches involving the Software; + +**(d)** Incompatibility of the Software with Your systems or other software; + +**(e)** Failure of the Software to meet Your expectations or requirements; + +**(f)** Any reliance You place on the Software or results obtained through its use. + +This exclusion applies even if We have been advised of the possibility of such damages. + +### 12.4 Modifications, Incorporations, and Derivative Works + +We explicitly disclaim all liability for: + +**(a)** Any damages arising from modifications You make to Our Software; + +**(b)** Incorporation of Our Software into other works or systems; + +**(c)** Distribution of modified or derivative versions of Our Software; + +**(d)** Any consequences of combining Our Software with other software or systems. + +You assume complete responsibility and liability for all such activities and their consequences. + +### 12.5 Third-Party Claims and Actions + +We shall not be liable for: + +**(a)** Any claims, demands, or actions brought by third parties against You related to Your use of the Software; + +**(b)** Any damages resulting from third-party use of Software that You have modified or distributed; + +**(c)** Any intellectual property infringement claims related to Your modifications or use of the Software; + +**(d)** Any regulatory or legal violations resulting from Your use of the Software. + +### 12.6 Maximum Liability Cap + +In jurisdictions that do not permit the complete exclusion of liability: + +**(a)** Our total aggregate liability to You shall not exceed the amount You paid for the Software (which in most cases is zero); + +**(b)** This limitation applies regardless of the number of claims or the legal theory upon which they are based; + +**(c)** This cap represents the maximum amount recoverable against Us under any circumstances. + +### 12.7 Essential Nature of Limitations + +You acknowledge and agree that: + +**(a)** These liability limitations are fundamental and essential terms of this Licence; + +**(b)** We would not make the Software available without these protections; + +**(c)** These limitations shall apply even if any limited remedy provided for in this Licence fails of its essential purpose; + +**(d)** These limitations represent a fair allocation of risk between the parties. + +### 12.8 Severability and Enforcement + +**(a)** If any portion of these liability limitations is found invalid or unenforceable in any jurisdiction, the remaining limitations shall continue in full force and effect; + +**(b)** Any invalid limitation shall be modified to the minimum extent necessary to make it enforceable whilst preserving its intended effect; + +**(c)** These limitations shall be enforced to the maximum extent permitted by applicable law in each relevant jurisdiction. + +## 13. USER RESPONSIBILITY AND ASSUMPTION OF RISK + +You acknowledge and expressly agree that Your use of Our Software is entirely at Your sole risk, discretion, and responsibility. + +### 13.1 Comprehensive Assumption of Risk + +You expressly understand, acknowledge, and agree that: + +**(a)** You assume all risks associated with downloading, installing, using, or modifying Our Software; + +**(b)** You are solely responsible for any and all consequences, damages, or losses resulting from Your use of Our Software; + +**(c)** This assumption of risk extends to all direct, indirect, consequential, and incidental effects of Your use; + +**(d)** No representations or warranties have been made to You regarding the safety, reliability, or suitability of Our Software. + +### 13.2 System Compatibility and Technical Requirements + +You are solely responsible for: + +**(a)** Determining whether Our Software is compatible with Your existing systems, hardware, and software configurations; + +**(b)** Ensuring that Your systems meet any minimum technical requirements for running Our Software; + +**(c)** Verifying compatibility before installation or use to prevent system conflicts or damage; + +**(d)** Understanding and accepting any risks associated with installing or running Our Software on Your systems. + +### 13.3 Data Management and Protection + +You bear complete responsibility for: + +**(a)** Creating complete and reliable backups of all important data before using Our Software; + +**(b)** Implementing appropriate data protection, security, and recovery measures; + +**(c)** Establishing data retention and management policies suitable for Your needs; + +**(d)** Any data loss, corruption, unauthorised access, or breach that may occur in connection with Your use of Our Software. + +### 13.4 Legal and Regulatory Compliance + +You are solely responsible for ensuring that Your use of Our Software complies with: + +**(a)** All applicable local, regional, national, and international laws and regulations; + +**(b)** Industry-specific regulations and standards that may apply to Your field of work or business; + +**(c)** Organisational policies, procedures, and compliance requirements; + +**(d)** Contractual obligations You may have with third parties. This includes, but is not limited to: -- Data protection and privacy laws -- Intellectual property laws -- Export control regulations +**(i)** Data protection and privacy laws (such as GDPR, CCPA, or similar regulations); -### 13.5 Ethical Use +**(ii)** Intellectual property laws and licensing requirements; -You agree to use the Software in an ethical manner, including: +**(iii)** Export control and trade restriction regulations; -- Respecting the rights and privacy of others -- Not using the Software for any illegal or malicious purposes +**(iv)** Professional licensing and regulatory requirements; -### 13.6 Security Measures +**(v)** Employment and labour law compliance; -You are responsible for implementing appropriate security measures, including: +**(vi)** Financial and securities regulations where applicable. -- Protecting Your login credentials -- Securing Your systems against unauthorized access -- Promptly applying any security updates or patches we may provide +### 13.5 Ethical Use and Conduct -### 13.7 Modifications and Integrations +You agree to use Our Software in an ethical and responsible manner, including: -If You modify the Software or integrate it with other systems: +**(a)** Respecting the rights, privacy, and dignity of all individuals who may be affected by Your use; -- You are solely responsible for any resulting issues or damages -- You must ensure these modifications or integrations comply with this License +**(b)** Refraining from using Our Software for any illegal, harmful, or malicious purposes; -### 13.8 Reporting Issues +**(c)** Following industry best practices and professional standards relevant to Your use case; -You agree to promptly report any bugs, security vulnerabilities, or other issues You discover in the Software. +**(d)** Taking reasonable measures to prevent misuse of Our Software by others. -### 13.9 Indemnification +### 13.6 Security Implementation and Maintenance -You agree to indemnify and hold Us harmless from any claims, damages, or expenses arising from: +You are responsible for: -- Your use of the Software -- Your violation of this License or any applicable laws +**(a)** Implementing appropriate security measures to protect Your systems, data, and networks; -## 14. Enforcement +**(b)** Maintaining the confidentiality and security of any login credentials, access tokens, or authentication information; -Enforcement of this License will be done at Our discretion. A decision not to enforce a License violation will not preclude Us from enforcing that violation or any other violation of this License in the future. +**(c)** Promptly applying any security updates, patches, or recommendations We may provide; -### 14.1 Discretionary Enforcement +**(d)** Monitoring Your systems for security threats and responding appropriately to any incidents; -We reserve the right to enforce the terms of this License at Our sole discretion. +**(e)** Securing Your installations against unauthorised access, modification, or misuse. + +### 13.7 Modifications and Customisations + +If You modify Our Software or integrate it with other systems: + +**(a)** You assume complete responsibility for any resulting issues, conflicts, or damages; + +**(b)** You must ensure that all modifications comply with the terms of this Licence; + +**(c)** You are responsible for testing and validating the functionality and security of modified versions; + +**(d)** You bear sole responsibility for supporting and maintaining any modifications You make. + +### 13.8 Monitoring and Reporting Obligations + +You agree to: + +**(a)** Monitor Your use of Our Software for compliance with this Licence and applicable laws; + +**(b)** Promptly report any bugs, security vulnerabilities, or other significant issues You discover; + +**(c)** Cooperate with any reasonable requests for information regarding Your use of Our Software; + +**(d)** Notify Us immediately of any potential violations of this Licence that You become aware of. + +### 13.9 Indemnification Obligations + +You agree to indemnify, defend, and hold harmless Us and Our Contributors from and against any and all: + +**(a)** Claims, demands, or legal actions arising from Your use, modification, or distribution of Our Software; + +**(b)** Damages, losses, costs, expenses (including reasonable legal fees), or liabilities resulting from Your breach of this Licence; + +**(c)** Violations of applicable laws or regulations in connection with Your use of Our Software; + +**(d)** Third-party claims related to Your modifications or derivative works based on Our Software. + +### 13.10 Limitation of Our Obligations + +You acknowledge and agree that: + +**(a)** We have no obligation to provide support, maintenance, updates, or assistance regarding Our Software; + +**(b)** We are not responsible for training You or Your personnel in the proper use of Our Software; + +**(c)** Any assistance, guidance, or information We may voluntarily provide does not create any warranty or support obligation; + +**(d)** You may not rely on Our continued availability or willingness to provide voluntary assistance. + +## 14. ENFORCEMENT DISCRETION AND PROCEDURES + +Enforcement of this Licence shall be conducted at Our sole discretion. Our decision not to enforce any particular violation shall not constitute a waiver of Our right to enforce that violation or any other violation in the future. + +### 14.1 Discretionary Enforcement Authority + +We reserve the complete and unqualified right to: + +**(a)** Enforce the terms of this Licence at Our sole and absolute discretion; + +**(b)** Determine what constitutes a violation of this Licence; + +**(c)** Choose the appropriate response to any violation, including no response at all; + +**(d)** Prioritise enforcement actions based on Our assessment of severity, impact, and available resources. + +### 14.2 Range of Enforcement Actions Our enforcement actions may include, but are not limited to: -- Issuing warnings -- Requesting compliance within a specified timeframe -- Terminating the License for the violating party -- Taking legal action +**(a)** **Educational measures:** Providing information, guidance, or warnings about compliance requirements; -Factors We may consider in deciding whether to enforce include: +**(b)** **Corrective requests:** Requesting specific actions to bring conduct into compliance within specified timeframes; -- The severity of the violation -- The impact on other users or the broader community -- The violator's history of compliance or non-compliance -- The violator's willingness to rectify the violation +**(c)** **Licence termination:** Revoking the violating party's rights under this Licence permanently or temporarily; -### 14.2 Non-Waiver +**(d)** **Legal action:** Pursuing civil remedies, injunctive relief, or other legal remedies available under applicable law; + +**(e)** **Public disclosure:** Making violations and enforcement actions public to protect the community and inform stakeholders. + +### 14.3 Factors Considered in Enforcement Decisions + +In deciding whether and how to enforce this Licence, We may consider: + +**(a)** The severity and scope of the violation; + +**(b)** The actual or potential impact on Us, Our Software, other users, or the broader community; + +**(c)** The violator's history of compliance or previous violations; + +**(d)** The violator's willingness to acknowledge the violation and take corrective action; + +**(e)** The resources required for enforcement and the likelihood of successful resolution; + +**(f)** Whether enforcement would serve the broader interests of Our Software community. + +### 14.4 Non-Waiver Principle Our decision not to enforce a particular violation: -- Does not constitute a waiver of Our right to enforce that violation in the future -- Does not prevent Us from enforcing other violations of the License -- Does not imply approval or acceptance of the violating behavior +**(a)** Does not constitute a waiver of Our right to enforce that same violation in the future; -Each instance of a violation will be considered separately, regardless of past enforcement decisions. +**(b)** Does not prevent Us from enforcing other provisions of this Licence against the same or different parties; -### 14.3 Reporting Violations +**(c)** Does not imply approval, acceptance, or authorisation of the violating behaviour; -Users are encouraged to report suspected License violations to Us. +**(d)** Does not establish any precedent limiting Our future enforcement discretion. -Reports should include: +Each instance of violation will be evaluated independently, regardless of Our past enforcement decisions or apparent tolerance of similar conduct. -- A description of the suspected violation -- Any evidence supporting the claim -- The reporter's contact information (optional) +### 14.5 Reporting Violations -### 14.4 Investigation of Violations +We encourage community members and stakeholders to report suspected violations of this Licence. Effective reports should include: -We reserve the right to investigate any suspected violations of this License. +**(a)** A clear and detailed description of the suspected violation; -During an investigation, We may: +**(b)** Specific evidence supporting the allegation, such as links, documentation, or screenshots; -- Request additional information from involved parties -- Examine any relevant code, documentation, or other materials -- Temporarily suspend access to the Software for the party under investigation +**(c)** Information about the impact or potential harm caused by the violation; -### 14.5 Enforcement Actions +**(d)** The reporter's contact information (which may be kept confidential upon request). -If We determine that a violation has occurred, We may take one or more of the following actions: +Reports should be submitted to: legal@nhcarrigan.com -- Issue a warning to the violating party -- Require the violating party to remedy the violation within a specified timeframe -- Revoke the violating party's rights under this License -- Publicly disclose the violation and Our response to it -- Pursue legal remedies +### 14.6 Investigation Procedures -### 14.6 Appeals Process +When investigating suspected violations, We reserve the right to: -A party subject to enforcement action may appeal Our decision. +**(a)** Request additional information, documentation, or evidence from all relevant parties; -Appeals must be submitted in writing within 30 days of the enforcement action. +**(b)** Examine any publicly available code, documentation, or other materials; -We will review appeals and make a final decision at Our discretion. +**(c)** Consult with legal counsel, technical experts, or community advisors; -### 14.7 Cooperation with Authorities +**(d)** Temporarily suspend access to Our Software or related services during the investigation; -We reserve the right to cooperate with any law enforcement or regulatory authority investigating potential violations of applicable laws related to the use of Our Software. +**(e)** Take interim protective measures to prevent ongoing harm while the investigation is pending. -### 14.8 Modifications to Enforcement Policy +### 14.7 Due Process and Fairness -We may modify Our enforcement policies at any time without notice. +Whilst We retain complete enforcement discretion, We strive to: -Any changes to enforcement policies will apply to all existing and future violations. +**(a)** Conduct investigations fairly and objectively; -## 15. Termination +**(b)** Provide reasonable opportunity for alleged violators to respond to accusations; -This License is effective until terminated. We may, at Our sole discretion, terminate this License at any time, with or without cause, and with or without notice. Upon termination, You shall cease all use of the software and destroy all copies, full or partial, of the software in Your possession. +**(c)** Consider all relevant facts and circumstances before making enforcement decisions; -Termination of this License shall not relieve You of any obligations or liabilities accrued prior to the termination date, including but not limited to any indemnification obligations and limitations of liability outlined in this License. +**(d)** Apply enforcement actions proportionally to the nature and severity of violations. -Breach of any terms or conditions of this License shall result in the immediate termination of this License. +### 14.8 Appeals and Reconsideration + +Parties subject to enforcement actions may request reconsideration by: + +**(a)** Submitting a written appeal within thirty (30) days of the enforcement action; + +**(b)** Providing new evidence or information that was not available during the initial investigation; + +**(c)** Demonstrating that the enforcement action was based on factual errors or misunderstanding; + +**(d)** Showing that corrective actions have been taken to address the violation. + +We will review appeals in good faith but retain sole discretion over final enforcement decisions. + +### 14.9 Cooperation with Legal Authorities + +We reserve the right to: + +**(a)** Cooperate with law enforcement agencies investigating potential criminal violations; + +**(b)** Report violations to appropriate regulatory authorities where required by law; + +**(c)** Provide information to legal authorities as permitted or required by applicable legal process; + +**(d)** Coordinate Our enforcement actions with ongoing legal proceedings or investigations. + +### 14.10 Modification of Enforcement Policies + +We may modify Our enforcement policies, procedures, or priorities at any time without prior notice. Any changes will: + +**(a)** Apply to all future violations and ongoing enforcement matters; + +**(b)** Be implemented in a manner consistent with Our discretionary authority under this Licence; + +**(c)** Not affect Our fundamental rights and remedies under this Licence or applicable law. + +## 15. TERMINATION OF LICENCE + +This Licence shall remain in effect until terminated in accordance with the provisions set forth below. ### 15.1 Termination by Us -We reserve the right to terminate this License: +We reserve the absolute and unrestricted right to terminate this Licence: -- At any time -- For any reason or no reason -- With or without prior notice +**(a)** At any time, for any reason or for no reason at all; -Reasons for termination may include, but are not limited to: +**(b)** With or without prior notice to You; -- Violation of any terms of this License -- Misuse of the Software -- Legal or regulatory requirements -- Discontinuation of the Software +**(c)** With immediate effect upon notification or as otherwise specified by Us; -### 15.2 Automatic Termination +**(d)** For the convenience of Our business operations or strategic decisions. -This License terminates automatically if You: +Common reasons for termination may include, but are not limited to: -- Fail to comply with any term or condition of this License -- Initiate any litigation against Us related to the Software +**(i)** Violation of any terms or conditions of this Licence; -### 15.3 Effect of Termination +**(ii)** Misuse of Our Software contrary to its intended purposes; -Upon termination of this License, You must: +**(iii)** Breach of Our Code of Conduct or community standards; -- Immediately cease all use of the Software -- Destroy all copies, full or partial, of the Software in Your possession or control -- Remove the Software from all systems under Your control -- Cease distribution of any works derived from the Software +**(iv)** Legal or regulatory requirements mandating termination; -You must provide written confirmation of these actions upon Our request. +**(v)** Discontinuation of Our Software or related services; -### 15.4 Survival of Terms +**(vi)** Changes in Our business model or strategic direction. -The following sections of this License shall survive termination: +### 15.2 Automatic Termination Events -- Any sections explicitly stated to survive termination -- All provisions regarding ownership, disclaimer of warranties, limitations of liability, and indemnification -- Any accrued rights or obligations +This Licence shall terminate automatically and immediately, without any notice from Us, if: -### 15.5 No Refunds +**(a)** You fail to comply with any material term or condition of this Licence; -Termination of this License does not entitle You to any refunds, credits, or other compensation. +**(b)** You initiate or threaten litigation against Us relating to Our Software or this Licence; -### 15.6 Reinstatement +**(c)** You engage in conduct that We reasonably determine to be harmful to Us, Our Software, or Our community; -Your rights under this License may be reinstated only upon Our express written consent. +**(d)** You file for bankruptcy, become insolvent, or make an assignment for the benefit of creditors; -Any reinstatement may be subject to additional terms and conditions. +**(e)** You cease to exist as a legal entity or discontinue business operations. -### 15.7 Termination and Third Parties +### 15.3 Immediate Obligations Upon Termination -Termination of Your License does not affect the rights of any third parties who have received the Software or derivative works from You in compliance with this License prior to termination. +Upon termination of this Licence for any reason, You must immediately and completely: -### 15.8 Notification of Termination +**(a)** Cease all use of Our Software in any form or context; -While We may terminate this License without notice, We may choose to provide notification through: +**(b)** Destroy or permanently delete all copies of Our Software in Your possession or control, including: -- Email to Your last known address -- Posting on Our website or in the Software repository -- Any other means We deem appropriate +- **(i)** Source code versions +- **(ii)** Compiled or executable versions +- **(iii)** Modified or derivative versions +- **(iv)** Backup copies stored on any media +- **(v)** Cached or temporary files -### 15.9 Appeal of Termination +**(c)** Remove Our Software from all computer systems, servers, and devices under Your control; -If You believe the termination was in error, You may appeal the decision within 30 days of termination. +**(d)** Cease distribution of any Works derived from Our Software; -Appeals must be submitted in writing and will be reviewed at Our discretion. +**(e)** Take reasonable measures to ensure that any third parties You have provided with Our Software are notified of the termination and cease their use as well. -## 16. License Versions +### 15.4 Certification of Compliance -Versioning of this license is managed through git. You may view the version history [in these commits](https://git.nhcarrigan.com/nhcarrigan/docs/commits/branch/main/LICENSE.md). +Upon Our request, You must provide written certification that You have fully complied with all termination obligations, including: -### 16.1 Future License Changes +**(a)** Confirmation of the destruction or deletion of all copies of Our Software; -We reserve the right to modify the terms of this License, including its licensing of Contributions, at its sole discretion. In the event that such changes are made, We will make reasonable efforts to notify You through Our chat channels. +**(b)** Certification that all use and distribution has ceased; -#### 16.1.1 Notification Process +**(c)** Details of any third parties who may have received Our Software from You; -Notifications of License changes may include: +**(d)** Any other information reasonably requested to verify compliance with termination requirements. -- Announcements in Our chat channels -- Updates to the License file in the git repository -- Notifications on Our website or blog -- Email notifications to registered users, if applicable +### 15.5 Survival of Terms -#### 16.1.2 Review Period +The following provisions of this Licence shall survive termination and continue in full force and effect indefinitely: -We may, at Our discretion, provide a review period for significant License changes. +**(a)** All warranty disclaimers and limitations of liability; -During this period, users may submit feedback or concerns about the proposed changes. +**(b)** Indemnification obligations and User responsibility provisions; -#### 16.1.3 Acceptance of Changes +**(c)** Intellectual property rights and ownership provisions; -Continued use of the Software after a License change constitutes acceptance of the new terms. +**(d)** Definitions and interpretation clauses; -### 16.2 Version Perpetuation +**(e)** Dispute resolution and governing law provisions; -All Works derived from this Software must be licensed under the latest version of this License. This includes Works that are modifications or incorporations of the Software. +**(f)** Any other provisions that by their nature are intended to survive termination. -Changes to this License retroactively apply to all Works derived from this Software, even those created before the date of the changes. +### 15.6 No Entitlement to Refunds or Compensation -#### 16.2.1 Scope of Retroactive Application +Termination of this Licence does not entitle You to: -Retroactive application includes: +**(a)** Any refunds, credits, or financial compensation; -- All existing Works derived from the Software -- Any ongoing use or distribution of such Works -- Future modifications to existing derived Works +**(b)** Reimbursement for costs incurred in using or implementing Our Software; -#### 16.2.2 Compliance Timeline +**(c)** Damages for loss of use or business disruption; -Users of derived Works must update to the latest License version within a reasonable timeframe after notification of changes. +**(d)** Any other form of compensation or consideration. -#### 16.2.3 Conflicts with Existing Agreements +### 15.7 Reinstatement Possibilities -In case of conflicts between retroactive changes and existing agreements: +Your rights under this Licence may potentially be reinstated only: -- The terms of this License shall prevail -- Users may need to renegotiate any conflicting agreements +**(a)** Upon Our express written consent, granted in Our sole discretion; -### 16.3 Last Updated +**(b)** Subject to such additional terms, conditions, or restrictions as We may impose; -The terms of this License were last modified on 7 July 2024. +**(c)** With no guarantee that reinstatement will be granted even if requested; -#### 16.3.1 Version Identification +**(d)** Following satisfactory resolution of the issues that led to termination. -Each version of the License will be identified by: +### 15.8 Effect on Third-Party Rights -- The last modification date +Termination of Your Licence does not affect: -#### 16.3.2 Version Comparison +**(a)** The rights of any third parties who received Our Software from You in compliance with this Licence prior to termination; -Users can compare different versions of the License by: +**(b)** The validity of any sublicences properly granted before termination; -- Reviewing the commit history in the git repository -- Checking the "Last Updated" date in each version +**(c)** Our rights and remedies against You or any other party; -#### 16.3.3 Archived Versions +**(d)** The enforceability of Our intellectual property rights. -Previous versions of the License will remain accessible in the commit history for reference purposes. +### 15.9 Methods of Termination Notice -## 17. Contact +When We elect to provide notice of termination, such notice may be delivered through: -If you have questions about this License, We may be reached in Our [forum](https://forum.nhcarrigan.com). +**(a)** Email to Your last known email address; -### 17.1 Communication Channels +**(b)** Posting on Our website, repository, or community forums; -#### 17.1.1 Primary Contact Method +**(c)** Direct communication through any platform or service You use to access Our Software; -Our chat server is the primary method for License-related inquiries. +**(d)** Any other method We deem appropriate under the circumstances. -#### 17.1.2 Additional Contact Methods +### 15.10 Appeal and Review Process -- Email: `license@nhcarrigan.com` -- Issue Tracker: https://git.nhcarrigan.com/nhcarrigan/docs/issues +If You believe termination was made in error, You may: -### 17.2 Response Times +**(a)** Submit a written appeal within thirty (30) days of termination; -We strive to respond to inquiries within 5 business days. +**(b)** Provide evidence supporting Your position that termination was unwarranted; -Complex issues may require additional time for a comprehensive response. +**(c)** Request reconsideration based on changed circumstances or corrective actions; -### 17.3 Language Support +**(d)** Such appeals will be reviewed at Our sole discretion, and Our decision shall be final. -Primary communication is in English. +## 16. LICENCE VERSIONING AND UPDATES -We will make reasonable efforts to accommodate other languages when possible. +This Licence is subject to version control and potential updates as described below. -### 17.4 Confidentiality +### 16.1 Version Management System -Communications regarding the License are generally not confidential unless explicitly agreed upon. +**(a)** The versioning of this Licence is managed through our git version control system; -Do not share sensitive or personal information in public channels. +**(b)** You may view the complete version history and all changes at: https://git.nhcarrigan.com/nhcarrigan/docs/commits/branch/main/LICENSE.md -### 17.5 Suggestions +**(c)** Each version is identified by commit hash, date, and version number where applicable; -This License is a living document. We are happy to hear suggestions about the terms of this License. Please reach out to Us in Our chat server. +**(d)** All historical versions remain accessible for reference and comparison purposes. -#### 17.5.1 Suggestion Process +### 16.2 Right to Modify Terms -To submit a suggestion: +We reserve the unrestricted right to modify, amend, update, or replace any terms of this Licence, including: -- Join Our chat server -- Locate the appropriate channel for License discussions -- Clearly state your suggestion and provide a rationale +**(a)** Substantive changes to rights, obligations, or restrictions; -#### 17.5.2 Evaluation of Suggestions +**(b)** Modifications to enforcement procedures or remedies; -We will review all suggestions in good faith. +**(c)** Updates to definitions, scope, or applicability; -Factors considered in evaluating suggestions include: +**(d)** Changes to contribution terms and intellectual property provisions; -- Alignment with the License's overall purpose -- Legal implications -- Impact on existing users and projects -- Practicality of implementation +**(e)** Any other modifications We deem necessary or appropriate. -#### 17.5.3 Feedback on Suggestions +#### 16.2.1 Notification Procedures -We will provide feedback on suggestions when possible. +When We make changes to this Licence, We will make reasonable efforts to notify affected users through: -Implementation of suggestions is at Our sole discretion. +**(a)** Announcements in Our community forums and chat channels; -### 17.6 Legal Inquiries +**(b)** Updates and notifications in Our software repositories; -For formal legal inquiries, please contact `legal@nhcarrigan.com`. +**(c)** Notices posted on Our official website or blog; -Legal inquiries should be made in writing and may require verification of identity and authority. +**(d)** Email notifications to registered users where contact information is available; -### 17.7 Reporting Violations +**(e)** In-application notifications where technically feasible. -#### 17.7.1 To report potential License violations: +#### 16.2.2 Review and Comment Period -- Provide a detailed description of the suspected violation -- Include any supporting evidence -- Use the designated reporting channel in Our chat server +For significant changes to this Licence, We may, at Our sole discretion: + +**(a)** Provide a public review period before implementing changes; + +**(b)** Accept feedback and comments from the community; + +**(c)** Consider reasonable suggestions for modifications; + +**(d)** The final decision regarding any changes remains entirely at Our discretion. + +#### 16.2.3 Effective Date of Changes + +Changes to this Licence shall become effective: + +**(a)** Immediately upon publication of the updated version, unless otherwise specified; + +**(b)** On a specific future date announced with the changes; + +**(c)** Upon Your continued use of Our Software after notification of changes; + +**(d)** As otherwise determined by Us and communicated with the updated Licence. + +### 16.3 Mandatory Version Updates + +All Works derived from Our Software must comply with the most current version of this Licence at all times. + +#### 16.3.1 Automatic Application to Existing Works + +**(a)** Changes to this Licence apply retroactively to all existing Works derived from Our Software; + +**(b)** This includes Works that were created, modified, or distributed before the date of Licence changes; + +**(c)** Users of existing Works must update their compliance to reflect the new Licence terms; + +**(d)** Continued use or distribution of existing Works constitutes acceptance of the updated terms. + +#### 16.3.2 Scope of Retroactive Application + +Retroactive application of Licence changes includes: + +**(a)** All existing modifications and derivative works of Our Software; + +**(b)** Any ongoing use, distribution, or development activities; + +**(c)** Future updates or modifications to existing derivative works; + +**(d)** All associated documentation, attribution, and compliance requirements. + +#### 16.3.3 Compliance Timeline and Requirements + +**(a)** Users must update their practices to comply with Licence changes within a reasonable timeframe after notification; + +**(b)** "Reasonable timeframe" typically means thirty (30) to ninety (90) days, depending on the nature of the changes; + +**(c)** We may specify different timeframes for different types of changes; + +**(d)** Failure to comply within the specified timeframe may result in automatic termination of Licence rights. + +#### 16.3.4 Resolution of Conflicts + +In case of conflicts between new Licence terms and existing agreements or practices: + +**(a)** The terms of the most current version of this Licence shall prevail; + +**(b)** Users may need to renegotiate or modify any conflicting agreements with third parties; + +**(c)** Where legal conflicts cannot be resolved, users may need to cease using Our Software; + +**(d)** We are not responsible for any costs, damages, or complications arising from such conflicts. + +### 16.4 Version Information and Documentation + +#### 16.4.1 Current Version Identification + +**(a)** Each version of this Licence includes a "last modified" date for identification; + +**(b)** The most current version is always available at our official documentation site; + +**(c)** Version numbers or identifiers may be assigned to major revisions; + +**(d)** Users are responsible for ensuring they are referencing the most current version. + +#### 16.4.2 Change Documentation + +**(a)** Significant changes will be documented with explanations of the modifications and their implications; + +**(b)** A change log may be maintained to help users understand the evolution of terms; + +**(c)** Comparison tools may be provided to help users identify differences between versions; + +**(d)** Technical explanations may be provided for complex or technical changes. + +#### 16.4.3 Historical Archive + +**(a)** Previous versions of this Licence will remain accessible through our version control system; + +**(b)** Users may reference historical versions for comparison or understanding purposes; + +**(c)** Historical versions are provided for reference only and do not constitute current licence terms; + +**(d)** Legal effect and enforceability apply only to the most current version. + +### 16.5 Last Updated Information + +**The terms of this Licence were last modified on:** 7 July 2024 + +**(This date will be updated with each revision of the Licence to reflect the most recent changes)** + +## 17. CONTACT INFORMATION AND SUPPORT + +For questions, clarifications, or other matters related to this Licence, We may be contacted through the channels specified below. + +### 17.1 Primary Communication Channels + +#### 17.1.1 Community Forum + +Our primary venue for Licence-related discussions and inquiries: + +**Website:** https://forum.nhcarrigan.com + +**Purpose:** General questions, clarifications, community discussion about licence terms + +**Response Time:** We endeavour to respond within five (5) business days + +#### 17.1.2 Direct Email Contacts + +**General Licence Inquiries:** licence@nhcarrigan.com + +**Legal and Compliance Matters:** legal@nhcarrigan.com + +**Violation Reports:** legal@nhcarrigan.com + +**Business and Commercial Inquiries:** business@nhcarrigan.com + +#### 17.1.3 Technical Support Channels + +**Issue Tracker:** https://git.nhcarrigan.com/nhcarrigan/docs/issues + +**Purpose:** Technical problems with accessing or understanding this Licence document + +### 17.2 Response Standards and Expectations + +#### 17.2.1 General Response Times + +**(a)** Routine inquiries: Within five (5) to seven (7) business days; + +**(b)** Urgent compliance matters: Within two (2) to three (3) business days; + +**(c)** Legal or violation reports: Within twenty-four (24) to forty-eight (48) hours; + +**(d)** Complex technical or legal questions may require additional time for comprehensive responses. + +#### 17.2.2 Business Hours and Availability + +**(a)** Our standard business hours are Monday through Friday, 9:00 AM to 5:00 PM Pacific Standard Time; + +**(b)** Responses may be delayed during weekends, holidays, or other non-business periods; + +**(c)** Urgent matters requiring immediate attention should be clearly marked as such; + +**(d)** We reserve the right to prioritise inquiries based on urgency and available resources. + +### 17.3 Communication Guidelines + +#### 17.3.1 Language and Accessibility + +**(a)** Primary communication is conducted in English; + +**(b)** We will make reasonable efforts to accommodate other languages when possible and practical; + +**(c)** Complex legal or technical matters may require English communication for accuracy; + +**(d)** Translation services may be recommended for non-English speakers with complex inquiries. + +#### 17.3.2 Information Security and Confidentiality + +**(a)** Communications regarding this Licence are generally not considered confidential unless explicitly agreed upon in advance; + +**(b)** Do not share sensitive personal information, proprietary business data, or confidential materials through public channels; + +**(c)** For confidential matters, use direct email contact and clearly mark communications as confidential; + +**(d)** We reserve the right to make licence-related discussions public to benefit the broader community. + +#### 17.3.3 Professional Communication Standards + +**(a)** All communications should be professional, respectful, and constructive; + +**(b)** Abusive, threatening, or inappropriate communications will not be tolerated; + +**(c)** Communications must comply with Our Code of Conduct; + +**(d)** We reserve the right to cease communication with parties who engage in inappropriate conduct. + +### 17.4 Types of Inquiries We Address + +#### 17.4.1 Licence Interpretation and Clarification + +**(a)** Questions about specific terms, conditions, or requirements; + +**(b)** Clarification of rights and obligations under this Licence; + +**(c)** Guidance on compliance with licence terms; + +**(d)** Interpretation of how the licence applies to specific use cases. + +#### 17.4.2 Compliance and Legal Matters + +**(a)** Questions about compliance requirements for specific projects or use cases; + +**(b)** Reporting of potential licence violations; + +**(c)** Requests for legal clarification or formal interpretation; + +**(d)** Dispute resolution and enforcement matters. + +#### 17.4.3 Business and Commercial Inquiries + +**(a)** Questions about commercial use of Our Software; + +**(b)** Requests for special licensing arrangements; + +**(c)** Partnership or collaboration opportunities; + +**(d)** Custom licensing or commercial support arrangements. + +### 17.5 Community Feedback and Suggestions + +#### 17.5.1 Encouraging Community Input + +This Licence is designed to serve Our Software community effectively, and We welcome constructive feedback and suggestions for improvement. + +#### 17.5.2 Suggestion Submission Process + +To submit suggestions for licence improvements: + +**(a)** Join Our community forum and locate the appropriate discussion area; + +**(b)** Clearly describe Your suggestion and provide detailed rationale; + +**(c)** Explain the problem Your suggestion addresses and how it would improve the licence; + +**(d)** Be prepared to engage in constructive discussion with other community members. + +#### 17.5.3 Evaluation Criteria + +We evaluate suggestions based on: + +**(a)** Alignment with the overall purpose and philosophy of this Licence; + +**(b)** Legal soundness and practical enforceability; + +**(c)** Impact on existing users and projects; + +**(d)** Feasibility of implementation and ongoing maintenance; + +**(e)** Benefit to the broader software community. + +#### 17.5.4 Implementation and Feedback + +**(a)** We will acknowledge receipt of suggestions and provide feedback when possible; + +**(b)** Implementation of suggestions remains entirely at Our discretion; + +**(c)** Significant suggestions may be subject to community discussion and review; + +**(d)** Contributors of adopted suggestions may receive acknowledgment in licence updates. + +### 17.6 Formal Legal Communications + +#### 17.6.1 Legal Notices and Service of Process + +For formal legal communications, including service of legal process: + +**Email:** legal@nhcarrigan.com + +**Subject Line:** LEGAL NOTICE - [Brief Description] + +**Requirements:** All formal legal communications should be clearly identified as such and may require verification of identity and authority. + +#### 17.6.2 Compliance with Legal Requirements + +**(a)** Legal communications should comply with applicable rules for service of process; + +**(b)** International communications may require additional procedural compliance; + +**(c)** We may request additional verification for formal legal matters; + +**(d)** Response times for legal matters may differ from general inquiry response times. + +### 17.7 Reporting Licence Violations + +#### 17.7.1 How to Report Violations + +To report suspected violations of this Licence: + +**(a)** **Email:** legal@nhcarrigan.com with subject line "LICENCE VIOLATION REPORT" + +**(b)** **Forum:** Use designated violation reporting channels in our community forum + +**(c)** **Provide detailed information:** Include specific details about the suspected violation, supporting evidence, and contact information + +#### 17.7.2 Information to Include in Reports + +**(a)** Detailed description of the suspected violation and relevant licence provisions; + +**(b)** Evidence supporting the allegation (links, screenshots, documentation); + +**(c)** Information about any attempts to resolve the matter directly; + +**(d)** Your contact information and relationship to the matter (which may be kept confidential); + +**(e)** Any relevant dates, timelines, or deadlines. + +#### 17.7.3 Confidentiality and Protection + +**(a)** We will treat violation reports with appropriate confidentiality; + +**(b)** Reporter identity may be kept confidential upon request; + +**(c)** We will not retaliate against good-faith reporters of violations; + +**(d)** False or malicious reports may result in consequences for the reporter. ### 17.8 Updates to Contact Information -We reserve the right to update Our contact information at any time. +**(a)** We reserve the right to update Our contact information, communication channels, or procedures at any time; -Current contact information will always be available in the latest version of this License. +**(b)** Current contact information will always be available in the most recent version of this Licence; + +**(c)** Users should verify contact information using the official licence document rather than cached or copied versions; + +**(d)** Changes to contact information will be announced through Our standard communication channels. + +--- + +**FINAL PROVISIONS** + +This Licence represents Our commitment to fostering an ethical, collaborative, and sustainable software development ecosystem whilst protecting Our rights and the rights of Our community members. By using Our Software, You become part of this community and agree to uphold its values and standards. + +We encourage all users to engage constructively with Our community, contribute positively to the development and improvement of Our Software, and help maintain the collaborative and ethical environment that makes open-source development possible. + +For the most current version of this Licence, please visit: [https://docs.nhcarrigan.com/legal/license/] + +**Document Version:** 2.0 +**Last Updated:** [Date to be inserted] +**Effective Date:** [Date to be inserted] +**Licence Identifier:** Naomi's Public Licence v2.0 + +--- + +*By using Our Software, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Licence. This Licence represents the complete agreement between you and us regarding your use of Our Software and supersedes all prior agreements and understandings.* \ No newline at end of file diff --git a/src/content/docs/legal/privacy.md b/src/content/docs/legal/privacy.md index b61e7cf..c52fd52 100644 --- a/src/content/docs/legal/privacy.md +++ b/src/content/docs/legal/privacy.md @@ -2,241 +2,466 @@ title: Privacy Policy --- -## 1. Overview and Scope +# PRIVACY POLICY -### 1.1. General Applicability +**YOUR PRIVACY RIGHTS AND OUR DATA PROTECTION COMMITMENTS** -This privacy policy ("General Policy") governs the collection, use, storage, and protection of data across all our services, platforms, and applications (collectively referred to as "Services"). +## 1. INTRODUCTION AND SCOPE -### 1.2. Project-Specific Policies +### 1.1 About This Policy -Individual projects or Services may be subject to additional, project-specific privacy policies ("Project Policies"). These Project Policies apply concurrently with the General Policy. In the event of any conflict between the General Policy and a Project Policy, the stricter privacy protections shall prevail. +This Privacy Policy ("Policy") sets out how nhcarrigan ("we," "us," "our," or "the Company") collects, uses, stores, and protects your personal information when you use our services, applications, and platforms (collectively, the "Services"). -### 1.3. Policy Updates and Retroactivity +### 1.2 Policy Applicability -We reserve the right to modify, amend, or update this General Policy and any Project Policies at any time. All changes to these policies, including the General Policy and any Project Policies, are retroactive and apply to previously collected data as well as data collected after the changes take effect. +This Policy applies to: -### 1.4. Notification of Changes +**(a)** All services, websites, and applications operated by nhcarrigan; -We will make reasonable efforts to notify users of significant changes to our privacy policies. However, it is the user's responsibility to regularly review the applicable privacy policies for any updates. +**(b)** All users of our Services, regardless of location; -### 1.5. Acceptance of Terms +**(c)** All personal data collected through our Services; -By accessing, using, or continuing to use our Services, you explicitly acknowledge and agree to be bound by the most current version of the General Policy and any applicable Project Policies. If you do not agree with the terms of these policies, you must immediately cease using our Services. +**(d)** Both current and former users of our Services. -### 1.6. Effective Date +### 1.3 Additional Policies -The effective date of the current version of this policy will be clearly stated at the beginning of the document. Each revision will be numbered or dated for easy reference. +Specific Services may be subject to additional privacy notices or terms ("Service-Specific Policies"). Where such policies exist: -## 2. Data Collection, Documentation, and User Rights +**(a)** They supplement this main Policy; -### 2.1. Data Collection Practices +**(b)** In case of conflict, the most privacy-protective terms shall apply; -We strive to collect only the data necessary for the proper functioning and improvement of our Services. However, the scope of data collection may change as our Services evolve. +**(c)** We shall clearly identify when additional policies apply. -### 2.2. Documentation Efforts +### 1.4 Policy Updates -We make every effort to maintain accurate and up-to-date documentation regarding our data collection practices. This includes: +We reserve the right to update this Policy at any time. Changes may: -- Regular reviews of our data collection processes -- Timely updates to our privacy policy and related documentation -- Clear communication about significant changes in data collection +**(a)** Take effect immediately upon publication; -### 2.3. Potential Undocumented Data Collection +**(b)** Apply retroactively to previously collected data; -Despite our best efforts, it is possible that at any given time, an application or Service may collect data that is not explicitly documented. This may occur due to: +**(c)** Require your continued consent through ongoing use of our Services. -- Recent updates or changes to our Services -- Technical issues or bugs -- Third-party integrations or dependencies +### 1.5 Acceptance and Consent -### 2.4. General Data Rights +By using our Services, you: -Regardless of whether specific data collection is documented, users have the following rights: +**(a)** Acknowledge that you have read and understood this Policy; -#### 2.4.1. Right to Access: +**(b)** Consent to our collection and processing of your personal data as described; -At any time, you may request a complete copy of your data stored by one of our applications. Requests must be done via `privacy@nhcarrigan.com` from the email address the data belongs to. This ensures that a user cannot impersonate you and request your data. We may request additional identifying information, depending on the structure of the data collected by the application. +**(c)** Agree to be bound by the current version of this Policy. -#### 3.4.2. Right to Rectification: +### 1.6 Contact for Privacy Matters -You may request corrections to any inaccurate data we hold about you. +For all privacy-related inquiries, please contact us at: **privacy@nhcarrigan.com** -#### 3.4.3. Right to Erasure: +## 2. INFORMATION WE COLLECT -At any time, you may request complete removal of your stored data. Requests must be done via `privacy@nhcarrigan.com` from the email address the data belongs to. This ensures that a user cannot impersonate you and request your data. We may request additional identifying information, depending on the structure of the data collected by the application. +### 2.1 Types of Personal Information -This will **not** opt you out of future data collection unless specifically requested. We reserve the right to refuse removal requests when the data are necessary for specific functionality of the app, in circumstances where removing your data would compromise the functionality for all users. +We may collect the following categories of personal information: -#### 3.4.4. Right to Restrict Processing: +**(a)** **Identity Information:** Name, username, email address, and demographic information; -At any time, you may request to opt out of data collection for an application by requesting removal of your data and discontinuing interaction with the application. We may request additional identifying information, depending on the structure of the data collected by the application. +**(b)** **Technical Information:** IP address, browser type, device information, and operating system; -We reserve the right to refuse opt-out requests when the data are necessary for specific functionality of the app, in circumstances where opting-out would compromise the functionality for all users. +**(c)** **Usage Information:** How you interact with our Services, including pages visited and features used; -#### 3.4.5. Right to Data Portability: +**(d)** **Communication Information:** Messages sent through our platforms and support communications; -You may request a copy of your data in a structured, commonly used, and machine-readable format. +**(e)** **Account Information:** Registration details, preferences, and account settings. -### 3.5. Exercising Your Rights +### 2.2 Methods of Collection -To exercise any of these rights or to inquire about data we may hold: +We collect personal information through: -- Contact us through `privacy@nhcarrigan.com`. -- Be prepared to verify your identity to protect the security of your information +**(a)** **Direct Provision:** Information you provide when registering, using our Services, or contacting us; -### 3.6. Opting Out of Data Collection +**(b)** **Automated Collection:** Technical data collected through cookies, logs, and analytics tools; -- You may cease using our Services -- For specific types of data collection, we may offer granular opt-out options -- Note that opting out of essential data collection may limit or prevent your use of certain Services +**(c)** **Third-Party Sources:** Information from integrated services and platforms (with your consent). -### 3.7. Response Time and Process +### 2.3 Undocumented Collection -We will make reasonable efforts to respond to all data-related requests within 30 days. Complex requests may require additional time, in which case we will notify you. +Despite our best efforts to maintain comprehensive documentation: -### 3.8. Limitations +**(a)** Some data collection may occur that is not explicitly documented; -While we strive to honour all legitimate requests, be aware that legal requirements may sometimes prevent us from fully complying with certain requests. +**(b)** This may result from system updates, third-party integrations, or technical changes; -### 3.9. Ongoing Commitment +**(c)** You maintain all privacy rights regardless of documentation status; -We are committed to transparency and user privacy. We continuously work to improve our data practices and documentation to ensure the highest standards of data protection and user trust. +**(d)** We commit to honouring all data subject rights for any collected information. -## 4. Data Retention +## 3. HOW WE USE YOUR INFORMATION -### 4.1. Retention Principle +### 3.1 Primary Purposes -We adhere to the principle of data minimization, storing personal data for the shortest time necessary to fulfil the purposes for which it was collected and to ensure the proper functioning of our applications. +We process your personal information for the following purposes: -### 4.2. Retention Periods +**(a)** **Service Provision:** To provide, operate, and maintain our Services; -Specific retention periods may vary depending on the type of data and the purpose for which it is processed. Generally: +**(b)** **Communication:** To respond to inquiries and provide customer support; -- Active user data is retained for the duration of the user's account activity -- Inactive user data may be retained for a period after the last user interaction, typically not exceeding 12 months -- Aggregated and anonymized data may be retained indefinitely for analytical purposes +**(c)** **Improvement:** To analyse usage patterns and enhance our Services; -### 4.3. Automatic Deletion +**(d)** **Security:** To protect against fraud, abuse, and security threats; -Where technically feasible, we implement automated processes to delete or anonymize personal data that has exceeded its retention period. +**(e)** **Legal Compliance:** To fulfil our legal obligations and protect our rights. -### 4.4. Legal and Regulatory Compliance +### 3.2 Legal Basis for Processing -Certain data may be retained for longer periods if required by applicable laws, regulations, or to comply with legal obligations. +Our legal basis for processing personal information includes: -### 4.5. Backup Retention +**(a)** **Consent:** Where you have explicitly agreed to processing; -For data recovery purposes, backups may contain personal data for a period beyond the active retention period. These backups are secured and accessed only when necessary for system restoration. +**(b)** **Contract:** Where processing is necessary to perform our Services; -### 4.6. User-Initiated Deletion +**(c)** **Legitimate Interests:** Where we have legitimate business interests that do not override your rights; -Users may request the deletion of their data at any time, subject to our legitimate business needs and legal obligations. +**(d)** **Legal Obligation:** Where required by applicable law. -## 5. Availability of Data +### 3.3 Automated Decision-Making -### 5.1. Access Control +We may use automated systems for: -Access to user data is strictly controlled and limited to authorized members of the nhcarrigan team on a need-to-know basis. +**(a)** Spam detection and content moderation; -### 5.2. Purpose Limitation +**(b)** Security threat identification; -Data access by the nhcarrigan team is permitted only for the following purposes: +**(c)** Service personalisation and recommendations. -- Debugging application issues -- Improving application functionality and user experience -- Contributing to the development and maintenance of the application -- Responding to user support requests -- Ensuring compliance with legal and regulatory requirements +You have the right to request human review of automated decisions that significantly affect you. -### 5.3. Data Security Measures +## 4. DATA SHARING AND DISCLOSURE -We implement robust security measures to protect data from unauthorized access, including but not limited to: +### 4.1 Internal Access -- Encryption of data in transit and at rest -- Multi-factor authentication for developer accounts -- Regular security audits and vulnerability assessments -- Logging of data access and modifications +Access to your personal information within our organisation is restricted to: -### 5.4. Developer Training and Accountability +**(a)** Authorised team members on a need-to-know basis; -All team members with data access are: +**(b)** Personnel responsible for system maintenance and support; -- Required to undergo privacy and security training -- Bound by confidentiality agreements -- Subject to disciplinary action for unauthorized data access or misuse +**(c)** Individuals involved in legal compliance and security matters. -### 5.5. Third-Party Access +### 4.2 Third-Party Sharing -We do not sell user data. In cases where third-party service providers require access to perform specific functions: +We may share your information with: -- Access is limited to the minimum necessary data -- Providers are bound by strict contractual obligations to protect user data -- We regularly review and audit third-party practices +**(a)** **Service Providers:** Third-party companies that help us operate our Services; -### 5.6. Transparency +**(b)** **Legal Authorities:** When required by law, court order, or to protect legal rights; -We maintain logs of data access by our team and can provide this information upon justified request, subject to privacy and security considerations. +**(c)** **Business Partners:** With your explicit consent and for specific purposes; -### 5.7. User Data Requests +**(d)** **Successors:** In the event of a merger, acquisition, or business transfer. -Users may request information about how their data has been accessed or used by contacting our designated data protection contact. +### 4.3 Data Sale Prohibition -### 5.8. Continuous Improvement +We do not and will not sell your personal information to third parties for commercial purposes. -We regularly review and update our data handling practices to ensure the highest standards of data protection and to minimize unnecessary access to personal information. +### 4.4 International Transfers -## 6. Contact Information and Data Inquiries +Your information may be transferred to and processed in countries other than your own. We ensure appropriate safeguards are in place for such transfers, including: -We value transparency and are committed to addressing any questions or concerns you may have regarding our privacy practices. There are several ways to reach us: +**(a)** Adequacy decisions by relevant authorities; -### 6.1. Forum +**(b)** Standard contractual clauses; -For immediate assistance and community support, join our forum: https://forum.nhcarrigan.com +**(c)** Other legally recognised transfer mechanisms. -### 6.2. Email Contact +## 5. YOUR PRIVACY RIGHTS -For privacy-specific inquiries or formal requests, please email: `privacy@nhcarrigan.com` +### 5.1 General Rights -### 6.3. Response Time +Regardless of your location, you have the following rights regarding your personal information: -We strive to respond to all inquiries within 5 business days. Complex issues may require additional time. +**(a)** **Right of Access:** Request a copy of the personal information we hold about you; -### 6.4. Types of Inquiries +**(b)** **Right of Rectification:** Request correction of inaccurate or incomplete information; -We welcome contact regarding: +**(c)** **Right of Erasure:** Request deletion of your personal information in certain circumstances; -- Questions about this privacy policy -- Inquiries about our data collection and use practices -- Requests to exercise your data rights (access, rectification, erasure, etc.) -- Reporting of potential data breaches or security concerns -- Suggestions for improving our privacy practices +**(d)** **Right to Restrict Processing:** Request limitation of how we process your information; -### 6.5. Information to Include +**(e)** **Right to Data Portability:** Receive your information in a structured, commonly used format. -To help us address your inquiry efficiently, please include: +### 5.2 Exercising Your Rights -- Your full name -- The email address associated with your account (if applicable) -- A detailed description of your question or concern -- Any relevant dates, times, or specific instances related to your inquiry +To exercise any of these rights: -### 6.6. Verification Process +**(a)** Submit requests to **privacy@nhcarrigan.com** from the email address associated with your account; -For security reasons, we may need to verify your identity before processing certain requests, especially those related to personal data. +**(b)** Provide sufficient information to verify your identity; -### 6.7. Alternative Contact Methods +**(c)** Specify clearly which right you wish to exercise; -If you are unable to use Discord or email, please visit our website for additional contact options: https://nhcarrigan.com +**(d)** Include any relevant details or documentation to support your request. -### 6.8. Updates and Notifications +### 5.3 Response Timeframes -If you wish to receive updates about changes to our privacy policy or data practices, please bookmark this page. +We endeavour to respond to all privacy requests within: -### 6.9. Legal Inquiries +**(a)** **Simple requests:** Five (5) business days; -For legal or formal inquiries, please use the email provided above and clearly mark your message as a legal inquiry. +**(b)** **Complex requests:** Thirty (30) days, with notification if additional time is required; -### 6.10. Accessibility +**(c)** **Urgent security matters:** Within twenty-four (24) hours where possible. -If you require this information in an alternative format for accessibility reasons, please let us know, and we will do our best to accommodate your needs. +### 5.4 Limitations on Rights + +Your privacy rights may be limited where: + +**(a)** Deletion would compromise essential functionality for all users; + +**(b)** We have overriding legitimate interests or legal obligations; + +**(c)** Information is necessary for the establishment, exercise, or defence of legal claims; + +**(d)** Processing is required for compliance with legal obligations. + +## 6. DATA RETENTION AND DELETION + +### 6.1 Retention Principles + +We retain personal information based on the following principles: + +**(a)** **Data Minimisation:** We keep only what is necessary for the stated purposes; + +**(b)** **Purpose Limitation:** Information is retained only as long as needed for its original purpose; + +**(c)** **Legal Requirements:** Some information may be retained to comply with legal obligations. + +### 6.2 Retention Periods + +General retention periods include: + +**(a)** **Active Account Data:** Retained whilst your account remains active; + +**(b)** **Inactive Account Data:** Retained for up to twelve (12) months after last activity; + +**(c)** **Communication Records:** Retained for up to three (3) years for support purposes; + +**(d)** **Legal and Compliance Data:** Retained as required by applicable laws. + +### 6.3 Automated Deletion + +Where technically feasible, we implement automated systems to: + +**(a)** Delete information that has exceeded its retention period; + +**(b)** Anonymise data where deletion is not possible; + +**(c)** Regularly review and purge unnecessary information. + +### 6.4 Backup Retention + +For system recovery purposes: + +**(a)** Backups may contain personal information beyond active retention periods; + +**(b)** Backup systems are secured and accessed only when necessary for restoration; + +**(c)** Personal information in backups is subject to the same protection standards. + +## 7. DATA SECURITY + +### 7.1 Security Measures + +We implement comprehensive security measures including: + +**(a)** **Encryption:** Data is encrypted both in transit and at rest; + +**(b)** **Access Controls:** Multi-factor authentication and role-based access restrictions; + +**(c)** **Monitoring:** Continuous monitoring for security threats and unauthorised access; + +**(d)** **Regular Audits:** Periodic security assessments and vulnerability testing. + +### 7.2 Personnel Security + +All team members with access to personal information: + +**(a)** Undergo privacy and security training; + +**(b)** Sign confidentiality agreements; + +**(c)** Are subject to background checks where legally permissible; + +**(d)** Face disciplinary action for unauthorised access or misuse. + +### 7.3 Incident Response + +In the event of a data breach: + +**(a)** We will investigate and contain the incident promptly; + +**(b)** Affected users will be notified within seventy-two (72) hours where feasible; + +**(c)** Relevant authorities will be notified as required by law; + +**(d)** We will provide regular updates on our investigation and remediation efforts. + +### 7.4 Third-Party Security + +Third-party service providers must: + +**(a)** Maintain equivalent security standards; + +**(b)** Sign data processing agreements; + +**(c)** Undergo regular security assessments; + +**(d)** Notify us immediately of any security incidents. + +## 8. COOKIES AND TRACKING TECHNOLOGIES + +### 8.1 Use of Cookies + +We use cookies and similar technologies to: + +**(a)** Remember your preferences and settings; + +**(b)** Analyse usage patterns and improve our Services; + +**(c)** Provide personalised content and features; + +**(d)** Maintain security and prevent fraud. + +### 8.2 Types of Cookies + +We may use the following types of cookies: + +**(a)** **Essential Cookies:** Necessary for basic functionality; + +**(b)** **Performance Cookies:** Help us understand how our Services are used; + +**(c)** **Functional Cookies:** Remember your choices and preferences; + +**(d)** **Targeting Cookies:** Used to deliver relevant content (with consent). + +### 8.3 Cookie Management + +You can manage cookies through: + +**(a)** Your browser settings; + +**(b)** Our cookie preference centre (where available); + +**(c)** Opt-out tools provided by third-party services. + +Please note that disabling certain cookies may affect the functionality of our Services. + +## 9. CHILDREN'S PRIVACY + +### 9.1 Age Restrictions + +Our Services are not intended for children under the age of thirteen (13), or the minimum digital age of consent in your jurisdiction, whichever is higher. + +### 9.2 Collection from Children + +We do not knowingly collect personal information from children under the applicable minimum age. If we become aware that we have collected such information: + +**(a)** We will delete the information promptly; + +**(b)** We will notify the child's parent or guardian if possible; + +**(c)** We will take steps to prevent future collection. + +### 9.3 Parental Rights + +Parents and guardians have the right to: + +**(a)** Review any personal information we hold about their child; + +**(b)** Request deletion of their child's information; + +**(c)** Refuse to permit further collection from their child. + +## 10. CONTACT INFORMATION AND COMPLAINTS + +### 10.1 Privacy Contact + +For all privacy-related matters, contact our Data Protection Officer at: + +**Email:** privacy@nhcarrigan.com + +**Forum:** https://forum.nhcarrigan.com (for general inquiries) + +### 10.2 Information to Include + +When contacting us about privacy matters, please provide: + +**(a)** Your full name and contact information; + +**(b)** Details of your request or concern; + +**(c)** Any relevant account information or identifiers; + +**(d)** Supporting documentation if applicable. + +### 10.3 Response Commitment + +We commit to: + +**(a)** Acknowledging all privacy inquiries within two (2) business days; + +**(b)** Providing substantive responses within the timeframes specified in this Policy; + +**(c)** Treating all inquiries with respect and confidentiality; + +**(d)** Following up to ensure your concerns have been adequately addressed. + +### 10.4 Complaints and Escalation + +If you are not satisfied with our response: + +**(a)** You may request escalation to senior management; + +**(b)** You have the right to lodge a complaint with relevant data protection authorities; + +**(c)** You may seek independent legal advice regarding your rights. + +### 10.5 Supervisory Authority Contact + +For complaints in jurisdictions with data protection authorities, you may contact your local supervisory authority. In the European Union, you can find your local authority at: https://edpb.europa.eu/about-edpb/board/members_en + +## 11. UPDATES AND EFFECTIVE DATE + +### 11.1 Policy Updates + +We may update this Policy periodically to reflect: + +**(a)** Changes in our data processing practices; + +**(b)** New legal requirements or regulatory guidance; + +**(c)** Feedback from users and data protection authorities; + +**(d)** Technological developments and security enhancements. + +### 11.2 Notification of Changes + +We will notify you of material changes through: + +**(a)** Prominent notices on our Services; + +**(b)** Email notifications to registered users; + +**(c)** Updates to our website and documentation. + +### 11.3 Version History + +Previous versions of this Policy are available upon request for transparency and reference purposes. + +**Last Updated:** [Date to be inserted] + +**Effective Date:** [Date to be inserted] + +--- + +*This Privacy Policy is designed to comply with applicable data protection laws whilst providing clear information about our privacy practices. If you have any questions or concerns, please do not hesitate to contact us.* \ No newline at end of file diff --git a/src/content/docs/legal/security.md b/src/content/docs/legal/security.md index 23655e3..ac40618 100644 --- a/src/content/docs/legal/security.md +++ b/src/content/docs/legal/security.md @@ -2,135 +2,608 @@ title: Security Policy --- -## 1. Introduction +# SECURITY POLICY -This Security Policy outlines the procedures for reporting security vulnerabilities in our applications and the terms under which we handle such reports. By participating in our security reporting process, you agree to comply with this policy. +**PROTECTING OUR SYSTEMS AND YOUR DATA THROUGH RESPONSIBLE SECURITY PRACTICES** -## 2. Scope +## 1. INTRODUCTION AND SCOPE -This policy applies to all applications, services, and systems maintained by our organization, including but not limited to: +### 1.1 Policy Overview -- Our main websites and applications -- All open-source projects hosted on our repositories -- Any associated APIs or backend services +This Security Policy ("Policy") establishes the procedures and terms under which we handle the reporting and resolution of security vulnerabilities discovered in our applications, systems, and services. By participating in our security reporting process, you acknowledge and agree to comply with all provisions of this Policy. -## 3. Reporting a Vulnerability +### 1.2 Scope of Coverage -### 3.1 Reporting Channels +This Policy applies to all applications, services, and systems maintained by nhcarrigan, including but not limited to: -If you discover a security vulnerability within any of our applications or systems, please report it through one of the following secure channels: +**(a)** All primary websites and web applications operated under our domain; -1. Send an email to `security@nhcarrigan.com` +**(b)** Mobile applications distributed through official channels; -### 3.2 Public Disclosure Prohibition +**(c)** Open-source projects hosted in our official repositories; -Do NOT disclose the vulnerability publicly or through any public channels, including but not limited to: +**(d)** Application Programming Interfaces (APIs) and backend services; -- Public GitHub issues -- Social media platforms -- Public forums or chat rooms -- Blog posts or articles +**(e)** Infrastructure and hosting environments that support our services; -### 3.3 Required Information +**(f)** Associated documentation, support systems, and auxiliary platforms. -When reporting a vulnerability, please provide: +### 1.3 Security Principles -- A detailed description of the vulnerability -- Steps to reproduce the issue -- Potential impact of the vulnerability -- Any suggested mitigation or fix (if known) +Our security programme is founded on the following principles: -## 4. Response Process +**(a)** **Transparency:** We maintain open communication about our security practices whilst protecting sensitive operational details; -### 4.1 Acknowledgment +**(b)** **Collaboration:** We work cooperatively with security researchers and the broader community to identify and address vulnerabilities; -We will acknowledge receipt of your vulnerability report within 3 business days. +**(c)** **Continuous Improvement:** We regularly assess and enhance our security measures based on emerging threats and best practices; -### 4.2 Assessment and Verification +**(d)** **User Protection:** Our primary focus is protecting the confidentiality, integrity, and availability of user data and systems. -Our security team will assess the reported vulnerability and may contact you for additional information if needed. +### 1.4 Legal Framework -### 4.3 Resolution Timeline +This Policy is designed to operate within the framework of applicable laws and regulations, including but not limited to computer fraud and abuse laws, data protection regulations, and responsible disclosure principles recognised in the security research community. -We strive to resolve confirmed vulnerabilities within 90 days of the initial report, depending on the complexity and severity of the issue. +## 2. VULNERABILITY REPORTING PROCEDURES -## 5. Disclosure Policy +### 2.1 Reporting Channels -### 5.1 Coordinated Disclosure +If you discover a security vulnerability within any of our systems or applications, please report it exclusively through our designated secure reporting channel: -We practice coordinated disclosure. We will work with you to ensure that a fix is available before any public disclosure of the vulnerability. +**Primary Contact:** security@nhcarrigan.com -### 5.2 Public Acknowledgment +**Subject Line Format:** [SECURITY] Brief description of vulnerability -With your permission, we may publicly acknowledge your contribution in discovering and reporting the vulnerability after it has been resolved. +**Alternative Contact:** For urgent matters requiring immediate attention, you may also contact our general support team with clear indication of the security nature of your report. -## 6. Legal Safe Harbor +### 2.2 Public Disclosure Prohibition -### 6.1 Authorization +To protect our users and systems, you must not disclose security vulnerabilities publicly or through any public channels until we have had reasonable opportunity to investigate and address the issue. Prohibited disclosure methods include, but are not limited to: -We authorize security research and vulnerability disclosure activities, provided they are conducted in accordance with this policy and all applicable laws. +**(a)** Public GitHub issues or pull requests; -### 6.2 Scope of Protection +**(b)** Social media platforms (Twitter, LinkedIn, Facebook, etc.); -We will not initiate legal action for accidental, good faith violations of this policy. This safe harbor applies only to activities that: +**(c)** Public forums, discussion boards, or community platforms; -- Comply with all aspects of this Security Policy -- Do not compromise or attempt to compromise the privacy or safety of our users, employees, or systems -- Do not violate any applicable laws +**(d)** Blog posts, articles, or public presentations; -### 6.3 Limitations +**(e)** Security mailing lists or vulnerability databases; -This safe harbor does not apply to: +**(f)** Any other medium accessible to the general public. -- Vulnerabilities or information obtained through means other than security research -- Research conducted on third-party applications or services that integrate with our systems +### 2.3 Required Information for Vulnerability Reports -## 7. Bug Bounty Program +To facilitate effective investigation and resolution, please include the following information in your vulnerability report: -We do not currently offer monetary rewards or "bug bounties" for reporting security vulnerabilities. Your contributions to our security are greatly appreciated, but are on a voluntary basis. +**(a)** **Detailed Description:** A comprehensive explanation of the vulnerability, including the potential security impact and risk level; -We will gladly thank you in our [Hall of Fame](/community/hall-of-fame) +**(b)** **Reproduction Steps:** Clear, step-by-step instructions that allow our team to reproduce the vulnerability consistently; -## 8. Data Protection and Privacy +**(c)** **Technical Details:** Relevant technical information such as affected URLs, parameters, request/response examples, and system configurations; -### 8.1 Handling of Submitted Information +**(d)** **Proof of Concept:** Where appropriate and safe, include demonstration code or screenshots that illustrate the vulnerability without causing harm; -Any information you provide in your vulnerability report will be handled in accordance with our Privacy Policy and applicable data protection laws. +**(e)** **Suggested Remediation:** If known, provide recommendations for addressing the vulnerability or mitigating the risk; -### 8.2 Confidentiality +**(f)** **Discovery Context:** Information about how the vulnerability was discovered and any tools or techniques used. -We will treat all vulnerability reports as confidential and will not share the information beyond what is necessary to address the reported issue. +### 2.4 Information Handling and Confidentiality -## 9. Proactive Measures +All vulnerability reports and related communications will be handled with strict confidentiality in accordance with our privacy policy and applicable data protection laws. We commit to: -In order to maintain the best possible effort to protect your data and the safety of our applications, we implement the following proactive security measures. +**(a)** Limiting access to vulnerability information to authorised personnel only; -### 9.1. Code Scanning +**(b)** Implementing appropriate security measures to protect report details; -Our projects are scanned for potential security risks and vulnerabilities using SonarQube. You can view the latest scan reports [on our dashboard](https://quality.nhcarrigan.link). +**(c)** Not sharing vulnerability information with third parties without explicit consent, except as required by law; -### 9.2. Local Scanning +**(d)** Maintaining detailed records of all communications and actions taken. -We also run a weekly scan on all of our projects using local tooling: +## 3. RESPONSE PROCEDURES AND TIMELINES -- Gitleaks (to detect leaked secrets and credentials) -- Grype (secondary detection for vulnerabilities in dependencies) -- Snyk (in-depth scanning of code and dependencies) -- Syft (to generate Software Bill of Materials for third-party auditors to use) -- Trivy (to detect vulnerabilities in dependencies) +### 3.1 Initial Acknowledgement -The results of these scans are found at https://security.nhcarrigan.com +We will acknowledge receipt of your vulnerability report within the following timeframes: -## 10. Compliance with Laws and Regulations +**(a)** **Standard Reports:** Within three (3) business days of receipt; -All security research and vulnerability disclosure activities must comply with all applicable local, state, and federal laws, as well as any relevant international laws. +**(b)** **High-Priority Reports:** Within twenty-four (24) hours for reports indicating critical vulnerabilities or active exploitation; -## 11. Policy Updates +**(c)** **Complex Reports:** Within five (5) business days for reports requiring initial technical assessment before acknowledgement. -We reserve the right to update or modify this Security Policy at any time. Any changes will be effective immediately upon posting the updated policy on our website or repository. +### 3.2 Assessment and Verification Process -## 12. Contact Information +Following initial acknowledgement, our security team will: -For any questions regarding this Security Policy, please contact us at `security@nhcarrigan.com`. +**(a)** Conduct a thorough technical assessment of the reported vulnerability; -By reporting a security vulnerability to us, you acknowledge that you have read, understood, and agree to this Security Policy. +**(b)** Attempt to reproduce the issue using the provided steps and information; + +**(c)** Evaluate the potential impact and risk level of the vulnerability; + +**(d)** Determine the scope of affected systems and users; + +**(e)** Develop an appropriate response and remediation plan. + +### 3.3 Communication and Updates + +Throughout the investigation and resolution process, we will: + +**(a)** Provide regular status updates on the progress of our investigation; + +**(b)** Communicate any additional information required to complete our assessment; + +**(c)** Notify you of our preliminary findings and proposed resolution timeline; + +**(d)** Keep you informed of any changes to our remediation plans or timelines. + +### 3.4 Resolution Timeline + +We are committed to resolving confirmed vulnerabilities within the following timeframes: + +**(a)** **Critical Vulnerabilities:** Within seven (7) days for issues posing immediate risk to user data or system integrity; + +**(b)** **High-Risk Vulnerabilities:** Within thirty (30) days for significant security issues requiring comprehensive remediation; + +**(c)** **Medium-Risk Vulnerabilities:** Within sixty (60) days for moderate security concerns; + +**(d)** **Low-Risk Vulnerabilities:** Within ninety (90) days for minor security issues; + +**(e)** **Complex Vulnerabilities:** Extended timelines may be necessary for issues requiring significant architectural changes or third-party coordination, with regular communication about progress. + +## 4. COORDINATED DISCLOSURE POLICY + +### 4.1 Coordinated Disclosure Principles + +We practice coordinated disclosure to balance transparency with security. This approach ensures that: + +**(a)** Vulnerabilities are thoroughly investigated and properly addressed before public disclosure; + +**(b)** Users and affected parties have adequate time to apply security updates; + +**(c)** The security research community benefits from shared knowledge whilst minimising potential harm. + +### 4.2 Disclosure Timeline + +Our standard coordinated disclosure timeline follows this process: + +**(a)** **Initial Report:** Vulnerability reported through appropriate channels; + +**(b)** **Assessment Period:** Investigation and verification (up to 30 days); + +**(c)** **Remediation Period:** Development and deployment of fixes (30-90 days depending on complexity); + +**(d)** **Public Disclosure:** Joint announcement of vulnerability and resolution (after fix deployment and reasonable notice period). + +### 4.3 Public Acknowledgement + +With your explicit consent, we may publicly acknowledge your contribution in discovering and reporting the vulnerability after it has been resolved. Such acknowledgement may include: + +**(a)** Recognition in our security advisories or public statements; + +**(b)** Listing in our security researchers hall of fame; + +**(c)** Social media recognition and appreciation; + +**(d)** References in relevant security documentation or case studies. + +### 4.4 Researcher Discretion + +You retain the right to: + +**(a)** Request anonymity in all public communications and acknowledgements; + +**(b)** Decline participation in joint disclosure activities; + +**(c)** Publish your own disclosure after coordinated resolution, following responsible disclosure principles; + +**(d)** Specify your preferred method and format for public acknowledgement. + +## 5. LEGAL SAFE HARBOUR PROVISIONS + +### 5.1 Authorisation for Security Research + +We explicitly authorise security research and vulnerability disclosure activities conducted in accordance with this Policy and applicable laws. This authorisation is intended to encourage responsible security research whilst protecting both researchers and our organisation. + +### 5.2 Scope of Safe Harbour Protection + +Our safe harbour provisions apply to security research activities that: + +**(a)** Comply with all requirements and restrictions outlined in this Policy; + +**(b)** Are conducted in good faith for the purpose of improving security; + +**(c)** Do not compromise the privacy, safety, or security of our users, employees, or systems; + +**(d)** Do not violate applicable laws or regulations; + +**(e)** Are conducted without commercial motivation or malicious intent. + +### 5.3 Protected Activities + +Under this safe harbour, we will not initiate legal action against researchers for activities including: + +**(a)** Accessing systems or data necessary to identify and document security vulnerabilities; + +**(b)** Circumventing security measures solely for the purpose of vulnerability research; + +**(c)** Creating accounts or using services as reasonably necessary for security testing; + +**(d)** Downloading or accessing data that is the direct result of a security vulnerability, provided such access is limited to demonstrating the issue. + +### 5.4 Limitations and Exclusions + +This safe harbour protection does not apply to: + +**(a)** Activities that violate applicable laws, regardless of research intent; + +**(b)** Research conducted on third-party systems or applications that integrate with our services; + +**(c)** Activities that involve social engineering, phishing, or physical security testing; + +**(d)** Accessing, modifying, or deleting data belonging to other users; + +**(e)** Conducting denial-of-service attacks or similar disruptive activities; + +**(f)** Activities conducted after we have requested cessation or identified security policy violations. + +### 5.5 Compliance Requirements + +To maintain safe harbour protection, researchers must: + +**(a)** Report vulnerabilities through designated channels within a reasonable timeframe; + +**(b)** Provide sufficient detail to allow us to reproduce and address the vulnerability; + +**(c)** Avoid disclosing vulnerabilities publicly before coordinated resolution; + +**(d)** Cooperate with our investigation and remediation efforts; + +**(e)** Cease testing activities upon request from our security team. + +## 6. BUG BOUNTY PROGRAMME + +### 6.1 Current Programme Status + +At present, we do not operate a formal monetary bug bounty programme. Our security efforts rely on the goodwill and community spirit of security researchers who contribute to improving our security posture on a voluntary basis. + +### 6.2 Non-Monetary Recognition + +While we do not currently offer financial rewards, we deeply appreciate security researchers' contributions and provide recognition through: + +**(a)** **Hall of Fame Recognition:** Public acknowledgement in our security contributors hall of fame; + +**(b)** **Community Recognition:** Acknowledgement in our community forums and social media channels; + +**(c)** **Professional References:** With your consent, we may serve as a reference for your security research activities; + +**(d)** **Networking Opportunities:** Introduction to other security professionals and organisations within our network. + +### 6.3 Future Programme Development + +We continuously evaluate the possibility of implementing a formal bug bounty programme. Factors influencing this decision include: + +**(a)** The volume and quality of vulnerability reports received; + +**(b)** Available resources for programme administration and reward distribution; + +**(c)** Legal and regulatory considerations in relevant jurisdictions; + +**(d)** Alignment with our organisational priorities and community values. + +### 6.4 Alternative Contribution Opportunities + +Security researchers interested in contributing to our security efforts may also consider: + +**(a)** Contributing to our open-source security tools and documentation; + +**(b)** Participating in community discussions about security best practices; + +**(c)** Helping to educate other community members about security awareness; + +**(d)** Collaborating on security-related content and educational materials. + +## 7. DATA PROTECTION AND PRIVACY + +### 7.1 Handling of Submitted Information + +All information provided in vulnerability reports will be processed and protected in accordance with our Privacy Policy and applicable data protection laws. This includes: + +**(a)** Implementing appropriate technical and organisational measures to protect report data; + +**(b)** Limiting access to vulnerability information to authorised personnel only; + +**(c)** Using vulnerability information solely for the purpose of investigation and remediation; + +**(d)** Maintaining confidentiality of researcher information and contact details. + +### 7.2 Data Retention Policies + +We retain vulnerability reports and related communications: + +**(a)** **Active Cases:** For the duration of the investigation and remediation process; + +**(b)** **Resolved Cases:** For up to three (3) years following resolution for audit and reference purposes; + +**(c)** **Legal Requirements:** As required by applicable laws and regulations; + +**(d)** **Historical Analysis:** Anonymised trend data may be retained indefinitely for security improvement purposes. + +### 7.3 Confidentiality Commitments + +We commit to treating all vulnerability reports as confidential information and will not: + +**(a)** Share report details with unauthorised third parties; + +**(b)** Use vulnerability information for purposes other than remediation and security improvement; + +**(c)** Disclose researcher identity or contact information without explicit consent; + +**(d)** Publicly discuss specific vulnerability details before coordinated disclosure. + +### 7.4 Researcher Privacy Rights + +Security researchers maintain standard privacy rights regarding their personal information, including: + +**(a)** The right to request access to personal data we hold about them; + +**(b)** The right to request correction of inaccurate personal information; + +**(c)** The right to request deletion of personal data in certain circumstances; + +**(d)** The right to object to or restrict processing of personal data where legally applicable. + +## 8. PROACTIVE SECURITY MEASURES + +### 8.1 Security Monitoring and Assessment + +To maintain the highest possible security standards and protect user data, we implement comprehensive proactive security measures across all our systems and applications. + +### 8.2 Automated Security Scanning + +Our security programme includes regular automated scanning and assessment using industry-standard tools: + +**(a)** **Static Code Analysis:** Regular scanning of source code for potential security vulnerabilities using SonarQube and similar tools; + +**(b)** **Dynamic Application Security Testing:** Ongoing testing of running applications to identify runtime vulnerabilities; + +**(c)** **Infrastructure Scanning:** Regular assessment of our hosting infrastructure and network security; + +**(d)** **Dependency Scanning:** Continuous monitoring of third-party libraries and components for known vulnerabilities. + +### 8.3 Security Tool Integration + +We utilise a comprehensive suite of security tools integrated into our development and deployment processes: + +**(a)** **Gitleaks:** Automated detection of secrets, credentials, and sensitive information in code repositories; + +**(b)** **Grype:** Secondary vulnerability scanning for dependencies and container images; + +**(c)** **Snyk:** In-depth analysis of code and dependencies for security vulnerabilities and license compliance; + +**(d)** **Syft:** Generation of Software Bills of Materials (SBOMs) for third-party security audits; + +**(e)** **Trivy:** Comprehensive vulnerability scanning for containers, filesystems, and cloud configurations. + +### 8.4 Public Security Reporting + +We maintain transparency about our security posture through publicly accessible security reports and dashboards: + +**(a)** **Quality Dashboard:** Real-time security and quality metrics available at https://quality.nhcarrigan.link; + +**(b)** **Security Reports:** Comprehensive security scan results published at https://security.nhcarrigan.com; + +**(c)** **Regular Updates:** Weekly scanning cycles ensure up-to-date security information; + +**(d)** **Trend Analysis:** Historical data tracking to identify and address security trends over time. + +### 8.5 Security Development Lifecycle + +Our development processes incorporate security at every stage: + +**(a)** **Secure Coding Standards:** All developers follow established secure coding guidelines and best practices; + +**(b)** **Security Code Reviews:** Mandatory security-focused code reviews for all changes and new features; + +**(c)** **Automated Testing:** Security tests integrated into continuous integration and deployment pipelines; + +**(d)** **Regular Training:** Ongoing security awareness and training for all development team members. + +## 9. COMPLIANCE AND REGULATORY CONSIDERATIONS + +### 9.1 Legal Compliance Requirements + +All security research and vulnerability disclosure activities must comply with applicable laws and regulations, including but not limited to: + +**(a)** Computer Fraud and Abuse Act (CFAA) and similar legislation in various jurisdictions; + +**(b)** Data protection and privacy laws (GDPR, CCPA, etc.); + +**(c)** Export control regulations affecting security tools and techniques; + +**(d)** Industry-specific regulations applicable to our services or user base. + +### 9.2 International Considerations + +Given the global nature of our services and user base, researchers should be aware that: + +**(a)** Different jurisdictions may have varying legal frameworks for security research; + +**(b)** Cross-border data transfer and access may be subject to additional regulations; + +**(c)** Some security research techniques may be legal in one jurisdiction but prohibited in another; + +**(d)** Researchers are responsible for ensuring their activities comply with laws in their jurisdiction. + +### 9.3 Ethical Guidelines + +Beyond legal compliance, we expect all security research to adhere to widely recognised ethical guidelines: + +**(a)** **Minimise Harm:** Avoid actions that could compromise user privacy, data integrity, or system availability; + +**(b)** **Respect Boundaries:** Cease testing when requested or when encountering systems outside our scope; + +**(c)** **Professional Conduct:** Maintain professional standards in all communications and interactions; + +**(d)** **Community Benefit:** Focus on activities that benefit the broader security community and user protection. + +### 9.4 Reporting Regulatory Concerns + +If vulnerability research reveals potential regulatory compliance issues or legal violations: + +**(a)** Include such concerns in your initial vulnerability report; + +**(b)** We will assess the regulatory implications as part of our investigation; + +**(c)** We may need to report certain types of vulnerabilities to relevant regulatory authorities; + +**(d)** Researchers will be kept informed of any regulatory reporting requirements that may affect disclosure timelines. + +## 10. CONTACT INFORMATION AND SUPPORT + +### 10.1 Primary Security Contact + +For all security-related matters, including vulnerability reports, questions about this Policy, and general security inquiries: + +**Email:** security@nhcarrigan.com + +**Response Time:** We aim to respond to all security inquiries within 24 hours during business days + +**Emergency Contact:** For critical security issues requiring immediate attention, mark your email with [URGENT] in the subject line + +### 10.2 Alternative Contact Methods + +If you are unable to use our primary email contact: + +**General Support:** contact@nhcarrigan.com (clearly mark security-related messages) + +**Community Forum:** https://forum.nhcarrigan.com (for general security discussions only, not vulnerability reports) + +**Documentation:** This Policy and related security documentation is maintained at our official documentation site + +### 10.3 Response Commitments and Service Levels + +We commit to maintaining the following response standards: + +**(a)** **Initial Acknowledgement:** All security reports acknowledged within 24-72 hours; + +**(b)** **Status Updates:** Regular progress updates provided at least weekly for active investigations; + +**(c)** **Technical Clarification:** Response to technical questions within 2-3 business days; + +**(d)** **Escalation Path:** Clear escalation procedures for urgent matters or communication issues. + +### 10.4 Communication Preferences and Requirements + +To ensure effective communication: + +**(a)** **Language:** All communications should be in English to ensure proper understanding and response; + +**(b)** **Technical Detail:** Provide sufficient technical detail to enable reproduction and assessment; + +**(c)** **Contact Information:** Include reliable contact information for follow-up questions; + +**(d)** **Time Zone Considerations:** Our primary response times are based on Pacific Standard Time business hours. + +### 10.5 Support Resources + +Additional resources available to security researchers: + +**(a)** **Documentation:** Comprehensive security policy documentation and guidelines; + +**(b)** **Community Support:** Access to our community forums for general security discussions; + +**(c)** **Educational Resources:** Links to security research best practices and legal guidelines; + +**(d)** **Feedback Mechanisms:** Opportunities to provide feedback on our security policies and procedures. + +## 11. POLICY UPDATES AND MAINTENANCE + +### 11.1 Regular Review and Updates + +This Security Policy is reviewed and updated regularly to ensure: + +**(a)** **Legal Compliance:** Alignment with current laws and regulations; + +**(b)** **Best Practices:** Incorporation of industry best practices and standards; + +**(c)** **Community Feedback:** Response to input from security researchers and community members; + +**(d)** **Operational Experience:** Refinement based on our experience with vulnerability reports and security incidents. + +### 11.2 Change Notification Process + +Changes to this Policy will be communicated through: + +**(a)** **Direct Notification:** Email notification to researchers who have previously submitted reports; + +**(b)** **Public Announcement:** Updates posted on our website and community forums; + +**(c)** **Documentation Updates:** Version-controlled updates to our official documentation; + +**(d)** **Industry Channels:** Notification through relevant security community channels where appropriate. + +### 11.3 Effective Date and Implementation + +Policy updates will: + +**(a)** Include clear effective dates for all changes; + +**(b)** Provide reasonable notice periods for significant changes; + +**(c)** Maintain backward compatibility for ongoing vulnerability reports; + +**(d)** Include transition procedures for any changes affecting active security research. + +### 11.4 Feedback and Continuous Improvement + +We welcome feedback on this Policy from: + +**(a)** Security researchers who have participated in our vulnerability disclosure process; + +**(b)** Legal and compliance professionals familiar with relevant regulations; + +**(c)** Industry peers and security community members; + +**(d)** Internal team members involved in security operations and incident response. + +## 12. ACKNOWLEDGEMENTS AND RECOGNITION + +### 12.1 Community Appreciation + +We extend our sincere gratitude to the global security research community for their valuable contributions to improving the security of our systems and protecting our users. The collaborative approach to security research benefits everyone and represents the best of community-driven innovation. + +### 12.2 Commitment to Excellence + +This Security Policy represents our ongoing commitment to: + +**(a)** **Transparency:** Maintaining open and honest communication about our security practices; + +**(b)** **Collaboration:** Working cooperatively with researchers to address security concerns; + +**(c)** **Continuous Improvement:** Regularly enhancing our security measures and response procedures; + +**(d)** **User Protection:** Prioritising the security and privacy of our users above all other considerations. + +### 12.3 Future Development + +We are committed to the ongoing development and improvement of our security programme, including: + +**(a)** Regular assessment of our security policies and procedures; + +**(b)** Investment in security tools and technologies; + +**(c)** Training and professional development for our security team; + +**(d)** Engagement with the broader security community and industry initiatives. + +**Last Updated:** [Date to be inserted] + +**Effective Date:** [Date to be inserted] + +**Policy Version:** 2.0 + +--- + +*By reporting a security vulnerability to us, you acknowledge that you have read, understood, and agree to comply with this Security Policy. This Policy is designed to promote responsible security research whilst protecting the interests of our users, our organisation, and the broader community. For questions about this Policy or to report security vulnerabilities, please contact us at security@nhcarrigan.com.* \ No newline at end of file diff --git a/src/content/docs/legal/subprocessors.md b/src/content/docs/legal/subprocessors.md index 674c92a..9fcac13 100644 --- a/src/content/docs/legal/subprocessors.md +++ b/src/content/docs/legal/subprocessors.md @@ -2,28 +2,516 @@ title: Data Subprocessors --- -## 1. Subprocessors +# DATA SUBPROCESSORS AND THIRD-PARTY PROCESSING -The following entities process your data on our behalf. Interacting with our applications is subject to the privacy policies and terms of these entities. +**TRANSPARENCY IN DATA PROCESSING RELATIONSHIPS** -### 1.1. Primary Subprocessors +## 1. INTRODUCTION AND OVERVIEW -These entities directly store, manage, or handle our application data. +### 1.1 Purpose and Scope -| Entity | Data Processed | -| ------------ | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -| Anthropic | Messages/commands sent to and from any of our applications that use an AI integration. | -| DigitalOcean | Any data transmitted over the network to and from our applications. | -| MongoDB | Any data provided to our applications when you interact with them. | -| Stripe | Information provided during the identity and age verification processes necessary to access certain applications and community channels, and payment information for invoices. | +This document provides comprehensive information about third-party entities that process personal data on behalf of nhcarrigan ("we," "us," "our," or "the Company"). By using our services, you acknowledge that your data may be processed by these subprocessors in accordance with their respective privacy policies and our contractual agreements. -### 1.2. Secondary Subprocessors +### 1.2 Legal Framework -In addition to our primary subprocessors, platforms and services you engage with in order to interface with our applications maintain their own privacy policies, and may store your data pursuant to those policies. +This disclosure is provided in accordance with: -Such platforms include, but are not limited to: +**(a)** Data protection regulations requiring transparency about third-party processing; -- Discord -- GitHub -- Paypal -- Twitch +**(b)** Our commitment to user privacy and informed consent; + +**(c)** Contractual obligations with our users regarding data processing; + +**(d)** Industry best practices for data processing transparency. + +### 1.3 Data Processing Principles + +All subprocessor relationships are governed by: + +**(a)** **Purpose Limitation:** Data processing is limited to specified, legitimate purposes; + +**(b)** **Data Minimisation:** Only necessary data is shared with subprocessors; + +**(c)** **Security Requirements:** All subprocessors must maintain appropriate security measures; + +**(d)** **Contractual Protection:** Formal agreements govern all data processing relationships. + +### 1.4 User Rights and Protections + +Your rights regarding subprocessor data processing include: + +**(a)** **Transparency:** Full disclosure of all entities processing your data; + +**(b)** **Consent:** Your continued use constitutes consent to the processing described; + +**(c)** **Control:** Rights to access, correct, and delete data processed by subprocessors; + +**(d)** **Notice:** Advance notification of changes to subprocessor arrangements. + +## 2. PRIMARY SUBPROCESSORS + +### 2.1 Definition and Role + +Primary subprocessors are third-party entities that directly process, store, or manage data on our behalf as part of our core service delivery. These relationships involve direct contractual arrangements and technical integrations. + +### 2.2 Primary Subprocessor Details + +#### 2.2.1 Anthropic + +**Data Processing Role:** Artificial Intelligence and Natural Language Processing + +**Types of Data Processed:** +- Messages and commands sent to and from applications utilising AI integration services +- User interactions with AI-powered features +- Content analysis for service improvement and safety + +**Processing Purpose:** +- Providing AI-powered responses and functionality +- Natural language understanding and generation +- Content moderation and safety filtering +- Service improvement and optimisation + +**Data Transfer Mechanism:** Encrypted API communications + +**Retention Period:** As specified in Anthropic's data retention policies + +**Security Measures:** Industry-standard encryption and access controls + +**Location:** United States + +**Privacy Policy:** https://www.anthropic.com/privacy + +#### 2.2.2 DigitalOcean + +**Data Processing Role:** Infrastructure and Hosting Services + +**Types of Data Processed:** +- All data transmitted over networks to and from our applications +- System logs and performance metrics +- Backup data and system configurations +- Network traffic metadata + +**Processing Purpose:** +- Providing cloud infrastructure and hosting services +- Ensuring system availability and performance +- Maintaining security and monitoring systems +- Data backup and disaster recovery + +**Data Transfer Mechanism:** Encrypted network transmission + +**Retention Period:** As required for service provision and legal compliance + +**Security Measures:** SOC 2 Type II compliance, encryption, access controls + +**Location:** Multiple global data centres (primarily United States and Europe) + +**Privacy Policy:** https://www.digitalocean.com/legal/privacy-policy + +#### 2.2.3 MongoDB + +**Data Processing Role:** Database Management and Storage + +**Types of Data Processed:** +- All structured data provided to our applications through user interactions +- User account information and preferences +- Application data and user-generated content +- System configuration and metadata + +**Processing Purpose:** +- Providing database hosting and management services +- Ensuring data availability and integrity +- Facilitating data backup and recovery +- Supporting application functionality + +**Data Transfer Mechanism:** Encrypted database connections + +**Retention Period:** As configured in our data retention policies + +**Security Measures:** Encryption at rest and in transit, access controls, audit logging + +**Location:** Configurable global regions (primarily United States) + +**Privacy Policy:** https://www.mongodb.com/legal/privacy-policy + +#### 2.2.4 Stripe + +**Data Processing Role:** Payment Processing and Identity Verification + +**Types of Data Processed:** +- Payment information including credit card details and billing addresses +- Identity verification information for age and identity confirmation +- Transaction history and payment method data +- Information necessary for regulatory compliance (KYC/AML) + +**Processing Purpose:** +- Processing payments and managing billing +- Verifying user identity and age for service access +- Preventing fraud and ensuring regulatory compliance +- Managing subscriptions and recurring payments + +**Data Transfer Mechanism:** PCI DSS compliant encrypted transmissions + +**Retention Period:** As required by payment regulations and Stripe policies + +**Security Measures:** PCI DSS Level 1 compliance, tokenisation, fraud detection + +**Location:** Global processing infrastructure with data residency options + +**Privacy Policy:** https://stripe.com/privacy + +## 3. SECONDARY SUBPROCESSORS + +### 3.1 Definition and Role + +Secondary subprocessors are platforms and services that users interact with directly to access our services. While we do not have direct contractual control over these entities, user interaction with our services through these platforms may result in data processing by these entities under their own terms and policies. + +### 3.2 Platform Integration Notice + +When you access our services through third-party platforms, your interactions are subject to both our privacy policy and the privacy policies of these platforms. We recommend reviewing the privacy policies of all platforms you use to access our services. + +### 3.3 Secondary Subprocessor Platforms + +#### 3.3.1 Discord + +**Relationship Type:** Community Platform Integration + +**Data Processing Context:** +- User interactions in Discord servers managed by or affiliated with nhcarrigan +- Bot services and integrations provided through Discord +- Community management and moderation activities + +**User Responsibility:** Review Discord's Privacy Policy and Terms of Service + +**Privacy Policy:** https://discord.com/privacy + +#### 3.3.2 GitHub + +**Relationship Type:** Development Platform and Code Repository + +**Data Processing Context:** +- Contributions to open-source projects +- Issue reporting and feature requests +- Code repository access and version control +- Development collaboration activities + +**User Responsibility:** Review GitHub's Privacy Statement and Terms of Service + +**Privacy Policy:** https://docs.github.com/en/site-policy/privacy-policies/github-privacy-statement + +#### 3.3.3 PayPal + +**Relationship Type:** Alternative Payment Processing + +**Data Processing Context:** +- Payment processing for services and donations +- Transaction history and payment verification +- Dispute resolution and customer service + +**User Responsibility:** Review PayPal's Privacy Statement and User Agreement + +**Privacy Policy:** https://www.paypal.com/us/legalhub/privacy-full + +#### 3.3.4 Twitch + +**Relationship Type:** Live Streaming Platform Integration + +**Data Processing Context:** +- Live streaming services and chat interactions +- Channel management and viewer analytics +- Content delivery and broadcasting services + +**User Responsibility:** Review Twitch's Privacy Notice and Terms of Service + +**Privacy Policy:** https://www.twitch.tv/p/legal/privacy-notice + +## 4. SUBPROCESSOR MANAGEMENT AND GOVERNANCE + +### 4.1 Due Diligence Process + +Before engaging any primary subprocessor, we conduct comprehensive due diligence including: + +**(a)** **Security Assessment:** Evaluation of data security measures and certifications; + +**(b)** **Privacy Review:** Analysis of privacy policies and data processing practices; + +**(c)** **Compliance Verification:** Confirmation of regulatory compliance and certifications; + +**(d)** **Contract Negotiation:** Establishment of data processing agreements with appropriate protections. + +### 4.2 Ongoing Monitoring + +We maintain ongoing oversight of subprocessor relationships through: + +**(a)** **Regular Audits:** Periodic review of subprocessor security and privacy practices; + +**(b)** **Performance Monitoring:** Assessment of service quality and compliance; + +**(c)** **Incident Management:** Coordination on security incidents and data breaches; + +**(d)** **Contract Management:** Regular review and update of contractual terms. + +### 4.3 Data Processing Agreements + +All primary subprocessors are bound by data processing agreements that include: + +**(a)** **Purpose Limitation:** Specific restrictions on data use and processing purposes; + +**(b)** **Security Requirements:** Mandatory security controls and incident response procedures; + +**(c)** **Confidentiality:** Strict confidentiality and non-disclosure obligations; + +**(d)** **Audit Rights:** Our right to audit subprocessor data processing practices. + +### 4.4 Subprocessor Change Management + +Changes to subprocessor arrangements are managed through: + +**(a)** **Impact Assessment:** Evaluation of privacy and security implications; + +**(b)** **User Notification:** Advance notice to users of significant changes; + +**(c)** **Transition Planning:** Careful planning to minimise service disruption; + +**(d)** **Documentation Updates:** Timely updates to this disclosure document. + +## 5. DATA TRANSFER AND SECURITY + +### 5.1 International Data Transfers + +When data is transferred internationally to subprocessors, we ensure appropriate safeguards through: + +**(a)** **Adequacy Decisions:** Reliance on jurisdictions with adequate data protection laws; + +**(b)** **Standard Contractual Clauses:** Implementation of EU Standard Contractual Clauses where applicable; + +**(c)** **Certification Schemes:** Use of subprocessors with recognised privacy certifications; + +**(d)** **Binding Corporate Rules:** Acceptance of subprocessors with approved internal data transfer rules. + +### 5.2 Security Requirements + +All primary subprocessors must maintain security measures including: + +**(a)** **Encryption:** Data encryption both in transit and at rest; + +**(b)** **Access Controls:** Role-based access controls and multi-factor authentication; + +**(c)** **Monitoring:** Continuous monitoring for security threats and incidents; + +**(d)** **Incident Response:** Established procedures for responding to security incidents. + +### 5.3 Compliance and Certifications + +We prefer subprocessors with recognised compliance certifications such as: + +**(a)** **SOC 2 Type II:** System and Organisation Controls for service organisations; + +**(b)** **ISO 27001:** International standard for information security management; + +**(c)** **PCI DSS:** Payment Card Industry Data Security Standard (for payment processors); + +**(d)** **GDPR Compliance:** Demonstrated compliance with General Data Protection Regulation. + +### 5.4 Data Breach Response + +In the event of a data breach involving a subprocessor: + +**(a)** **Immediate Notification:** Subprocessors must notify us within 24 hours; + +**(b)** **Impact Assessment:** Joint assessment of the scope and impact of the breach; + +**(c)** **User Notification:** Prompt notification to affected users where required; + +**(d)** **Remediation:** Collaborative efforts to contain and remedy the breach. + +## 6. USER RIGHTS AND CONTROL + +### 6.1 Transparency Rights + +Users have the right to: + +**(a)** **Information:** Full transparency about subprocessor data processing activities; + +**(b)** **Updates:** Regular updates about changes to subprocessor arrangements; + +**(c)** **Access:** Information about how to exercise rights with each subprocessor; + +**(d)** **Contact:** Direct communication channels for subprocessor-related concerns. + +### 6.2 Data Subject Rights + +Regarding data processed by subprocessors, users may: + +**(a)** **Request Access:** Obtain information about data processing activities; + +**(b)** **Seek Rectification:** Request correction of inaccurate data; + +**(c)** **Demand Erasure:** Request deletion of personal data in certain circumstances; + +**(d)** **Restrict Processing:** Limit how data is processed by subprocessors. + +### 6.3 Exercise of Rights + +To exercise rights regarding subprocessor data processing: + +**(a)** **Primary Contact:** Contact us at privacy@nhcarrigan.com for coordination; + +**(b)** **Direct Contact:** Contact subprocessors directly using their provided channels; + +**(c)** **Documentation:** Provide sufficient information to verify identity and specify requests; + +**(d)** **Response Time:** Allow reasonable time for investigation and response. + +### 6.4 Complaint Mechanisms + +If you have concerns about subprocessor data processing: + +**(a)** **Internal Escalation:** Raise concerns through our customer support channels; + +**(b)** **Supervisory Authorities:** Contact relevant data protection authorities; + +**(c)** **Legal Remedies:** Pursue legal remedies available in your jurisdiction; + +**(d)** **Alternative Resolution:** Participate in mediation or arbitration where available. + +## 7. UPDATES AND CHANGES + +### 7.1 Change Notification Process + +We will notify users of changes to subprocessor arrangements through: + +**(a)** **Email Notification:** Direct notification to registered users for significant changes; + +**(b)** **Website Updates:** Updates to this document with change logs and effective dates; + +**(c)** **Service Notifications:** In-app notifications where technically feasible; + +**(d)** **Community Announcements:** Public announcements in community forums. + +### 7.2 Types of Changes Requiring Notification + +Changes requiring advance notification include: + +**(a)** **New Subprocessors:** Addition of new primary subprocessors; + +**(b)** **Changed Processing:** Significant changes to data processing purposes or methods; + +**(c)** **Location Changes:** Changes to data processing locations or jurisdictions; + +**(d)** **Security Changes:** Material changes to security measures or protections. + +### 7.3 Objection Rights + +If you object to changes in subprocessor arrangements: + +**(a)** **Notification Period:** We typically provide 30 days' notice of significant changes; + +**(b)** **Objection Process:** You may object within the notification period; + +**(c)** **Alternative Arrangements:** We will consider reasonable alternative arrangements where possible; + +**(d)** **Service Termination:** You may terminate services if objections cannot be accommodated. + +### 7.4 Emergency Changes + +In emergency situations requiring immediate subprocessor changes: + +**(a)** **Immediate Implementation:** Changes may be implemented without prior notice; + +**(b)** **Prompt Notification:** Users will be notified as soon as reasonably possible; + +**(c)** **Explanation:** Full explanation of the circumstances requiring emergency changes; + +**(d)** **Remediation Options:** Information about available remediation options. + +## 8. CONTACT INFORMATION AND SUPPORT + +### 8.1 Primary Contact + +For questions about subprocessor data processing: + +**Email:** privacy@nhcarrigan.com + +**Subject Line:** Subprocessor Data Processing Inquiry + +**Response Time:** Within 5 business days for standard inquiries + +### 8.2 Rights Requests + +For exercising data subject rights regarding subprocessor processing: + +**Email:** privacy@nhcarrigan.com + +**Subject Line:** Data Subject Rights - Subprocessor + +**Required Information:** Please include your full name, account information, and specific request details + +### 8.3 Complaints and Concerns + +For complaints about subprocessor data processing: + +**Email:** privacy@nhcarrigan.com + +**Subject Line:** Subprocessor Complaint + +**Alternative:** Contact relevant supervisory authorities in your jurisdiction + +### 8.4 Technical Support + +For technical issues related to third-party platform integrations: + +**Email:** support@nhcarrigan.com + +**Community Forum:** https://forum.nhcarrigan.com + +**Response Time:** Within 48 hours for technical support requests + +## 9. COMPLIANCE AND REGULATORY INFORMATION + +### 9.1 Regulatory Framework + +This subprocessor disclosure is maintained in compliance with: + +**(a)** **General Data Protection Regulation (GDPR):** EU data protection requirements; + +**(b)** **California Consumer Privacy Act (CCPA):** California privacy law requirements; + +**(c)** **Other Applicable Laws:** Additional data protection laws in relevant jurisdictions; + +**(d)** **Industry Standards:** Best practices for data processing transparency. + +### 9.2 Regular Review + +This document is reviewed and updated: + +**(a)** **Quarterly:** Regular quarterly review for accuracy and completeness; + +**(b)** **Change-Triggered:** Updates following any changes to subprocessor arrangements; + +**(c)** **Annual Audit:** Comprehensive annual audit of all subprocessor relationships; + +**(d)** **Regulatory Updates:** Updates following changes in applicable laws or regulations. + +### 9.3 Documentation Standards + +We maintain documentation standards including: + +**(a)** **Version Control:** Clear versioning and change tracking for all updates; + +**(b)** **Audit Trail:** Complete records of all changes and their justifications; + +**(c)** **Legal Review:** Review by qualified legal counsel before publication; + +**(d)** **Stakeholder Input:** Consideration of feedback from users and privacy advocates. + +**Document Version:** 2.0 + +**Last Updated:** [Date to be inserted] + +**Next Review Date:** [Date to be inserted] + +**Effective Date:** [Date to be inserted] + +--- + +*This document provides transparency about our data processing relationships to help you make informed decisions about using our services. By using our services, you acknowledge understanding of these subprocessor arrangements and consent to the data processing described herein. For questions or concerns about subprocessor data processing, please contact us at privacy@nhcarrigan.com.* \ No newline at end of file diff --git a/src/content/docs/legal/terms.md b/src/content/docs/legal/terms.md index e6f039d..f76dce5 100644 --- a/src/content/docs/legal/terms.md +++ b/src/content/docs/legal/terms.md @@ -2,1203 +2,438 @@ title: Terms of Service --- -## 1. OVERVIEW AND ACCEPTANCE OF TERMS +# TERMS OF SERVICE -### 1.1 Application Operator +**PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES** -This application (hereinafter referred to as the "Application") is owned and operated by nhcarrigan ("we," "us," or "our"). By accessing or using the Application, you agree to be bound by these Terms of Service ("Terms"). +## 1. INTRODUCTION AND DEFINITIONS -### 1.2 Acceptance of Terms +### 1.1 About These Terms -By using our Application, you engage in our "Service" and agree to be bound by these Terms, including any additional terms, conditions, and policies referenced herein or available via hyperlink. If you do not agree to all the terms and conditions of this agreement, you must not access or use the Application. +These Terms of Service ("Terms") constitute a legally binding agreement between you and nhcarrigan ("we," "us," "our," or "the Company"). By accessing or using any of our applications, services, or platforms (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms. -### 1.3 Scope of Application +### 1.2 Definitions -These Terms apply to all users of the Application, including but not limited to browsers, vendors, customers, merchants, and contributors of content. +For the purposes of these Terms: -### 1.4 Modification of Terms +**(a)** "Application" means any software application, website, platform, or digital service owned or operated by nhcarrigan; -We reserve the right, at our sole discretion, to modify, amend, or replace any part of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Application following the posting of any changes constitutes acceptance of those changes. +**(b)** "Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials; -### 1.5 Current Version +**(c)** "Services" means all applications, platforms, tools, and related services provided by nhcarrigan; -The most current version of the Terms will always be available for review on this page. The version date will be clearly indicated at the top of the document. +**(d)** "User" means any individual or entity that accesses or uses the Services; -### 1.6 Additional Features and Tools +**(e)** "Account" means any user account created to access specific features of the Services. -Any new features or tools added to the current Application shall also be subject to these Terms. +### 1.3 Acceptance of Terms -### 1.7 Electronic Communications +By using our Services, you represent and warrant that: -By using this Application or communicating with us by electronic means, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. +**(a)** You have the legal capacity to enter into this agreement; -### 1.8 User Accounts +**(b)** You are at least 13 years of age, or the minimum age required in your jurisdiction; -You may be required to create an account to access certain features of the Application. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. +**(c)** You will comply with all applicable laws and regulations; -### 1.9 Intellectual Property +**(d)** All information you provide is accurate and complete. -All content on this Application, including but not limited to text, graphics, logos, images, and software, is the property of nhcarrigan or its content suppliers and is protected by international copyright laws. +### 1.4 Scope of Application -### 1.10 Prohibited Uses +These Terms govern your use of all Services, including but not limited to: -You agree not to use the Application for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Application or interfere with any other party's use of the Application. +**(a)** All websites and web applications operated by nhcarrigan; -### 1.11 Termination +**(b)** Mobile applications and desktop software; -We may terminate or suspend your access to the Application immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. +**(c)** Application Programming Interfaces (APIs); -### 1.12 Governing Law +**(d)** Any related documentation, support, or auxiliary services. -These Terms shall be governed by and construed in accordance with the laws of [insert applicable jurisdiction], without regard to its conflict of law provisions. +## 2. MODIFICATIONS TO TERMS -### 1.13 Severability +### 2.1 Right to Modify -If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. +We reserve the right, at our sole discretion, to modify, amend, supplement, or replace any provision of these Terms at any time without prior notice. Such modifications shall be effective immediately upon publication on our Services. -### 1.14 Entire Agreement +### 2.2 Notification of Changes -These Terms, including any legal notices and disclaimers contained on this Application, constitute the entire agreement between nhcarrigan and you in relation to your use of this Application, and supersede all prior agreements and understandings with respect to the same. +We shall make reasonable efforts to notify users of material changes to these Terms through: -## 2. ONLINE STORE TERMS AND USER ELIGIBILITY +**(a)** Prominent notice on our primary website; -### 2.1 Age Requirement +**(b)** Email notification to registered users; -By agreeing to these Terms of Service, you represent and warrant that: +**(c)** In-application notifications where technically feasible. -- You are at least the age of majority in your state, province, or country of residence; or -- If you are under the age of majority, you are using this Application with the consent of your parent or legal guardian, who agrees to be bound by these Terms of Service. +### 2.3 Acceptance of Modifications -### 2.2 Prohibited Uses +Your continued use of the Services following the publication of modified Terms constitutes your acceptance of such modifications. If you do not agree to the modified Terms, you must immediately discontinue use of all Services. -You agree that you will not use our products, services, or Application for any purposes that are unlawful, prohibited by these Terms, or contrary to public policy. Prohibited activities include, but are not limited to: +### 2.4 Version Control -- Any illegal or unauthorized purpose -- Violating any applicable local, state, national, or international laws or regulations -- Infringing upon or violating our intellectual property rights or the intellectual property rights of others -- Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability -- Submitting false or misleading information -- Uploading or transmitting viruses, malware, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Application, our services, or any related website -- Collecting or tracking the personal information of others -- Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping -- Any obscene or immoral purpose -- Interfering with or circumventing the security features of the Application, our services, or any related website +The current version of these Terms shall always be available on our website, with the effective date clearly indicated. We may, at our discretion, maintain an archive of previous versions. -### 2.3 Intellectual Property Rights +## 3. USER ELIGIBILITY AND ACCOUNT REQUIREMENTS -You acknowledge and agree that all content and materials available on this Application are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by nhcarrigan, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. +### 3.1 Age Requirements -### 2.4 User-Generated Content +By agreeing to these Terms, you represent and warrant that: -If you submit any information or content to the Application, you grant nhcarrigan a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. +**(a)** You are at least 13 years of age, or such higher minimum age as may be required in your jurisdiction; -### 2.5 Account Termination +**(b)** If you are under 18 years of age (or the age of majority in your jurisdiction), you have obtained proper consent from your parent or legal guardian to use our Services; -We reserve the right to terminate or suspend your account and bar access to the Application immediately, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms. +**(c)** Your parent or legal guardian has reviewed and agreed to these Terms on your behalf, if applicable. -### 2.6 Service Modifications +### 3.2 Account Creation and Management -We reserve the right to withdraw or amend our service, and any service or material we provide via the Application, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Application is unavailable at any time or for any period. +Where account creation is required: -### 2.7 Security +**(a)** You must provide accurate, current, and complete information during the registration process; -While we implement reasonable security measures, we cannot guarantee the security of your personal information transmitted to our Application. Any transmission of personal information is at your own risk. +**(b)** You are responsible for maintaining the confidentiality of your account credentials; -## 3. GENERAL CONDITIONS +**(c)** You must promptly notify us of any unauthorised use of your account; -### 3.1 Right to Refuse Service +**(d)** You accept full responsibility for all activities that occur under your account. -We reserve the right to refuse service to anyone for any reason at any time, without prior notice or explanation. This includes the right to terminate accounts or access to any or all parts of the Application. +### 3.3 Account Termination Rights -### 3.2 Content Transmission and Adaptation +We reserve the right to suspend or terminate your account immediately, with or without notice, if: -You understand and acknowledge that: +**(a)** You breach any provision of these Terms; -- Your content may be transferred unencrypted and involve transmissions over various networks. -- Your content may be altered to conform and adapt to technical requirements of connecting networks or devices. -- We are not responsible for any loss, alteration, or interception of data during such transmissions. +**(b)** You engage in conduct that we reasonably believe is harmful to other users or our business; -### 3.3 Intellectual Property and Use Restrictions +**(c)** Required by applicable law or regulation; -You agree not to, without express written permission from nhcarrigan: +**(d)** For any other reason at our sole discretion. -- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service. -- Use any portion of the Service for commercial purposes unless explicitly authorized. -- Access or attempt to access the Service by any means other than through the interface provided by nhcarrigan. -- Circumvent, disable, or otherwise interfere with security-related features of the Service. -- Engage in unauthorized framing of or linking to the Application. +## 4. PROHIBITED USES AND CONDUCT -## 4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION +### 4.1 General Prohibitions -### 4.1 Disclaimer of Information Accuracy +You shall not use our Services for any purpose that is: -We strive to provide accurate and up-to-date information on our Application. However, we cannot and do not guarantee that any information available on this Application is accurate, complete, current, or free from errors. The material on this Application is provided for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. +**(a)** Unlawful, illegal, or unauthorised under applicable law; -### 4.2 User Responsibility +**(b)** In violation of any intellectual property rights; + +**(c)** Harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable; + +**(d)** Designed to interfere with or disrupt the Services or any related systems. + +### 4.2 Specific Prohibited Activities + +Without limiting the foregoing, you specifically agree not to: + +**(a)** Upload, transmit, or distribute any malicious code, viruses, or harmful software; + +**(b)** Attempt to gain unauthorised access to any systems or networks; + +**(c)** Collect or harvest personal information of other users without consent; + +**(d)** Engage in spamming, phishing, or similar deceptive practices; + +**(e)** Impersonate any person or entity; + +**(f)** Violate any applicable data protection or privacy laws. + +### 4.3 Intellectual Property Compliance You acknowledge and agree that: -- Any reliance on the material on this Application is at your own risk. -- It is your responsibility to evaluate the accuracy, completeness, and usefulness of any information, opinion, advice, or other content available through the Application. +**(a)** All content and materials on our Services are protected by copyright, trademark, and other intellectual property laws; -### 4.3 Historical Information +**(b)** You may not reproduce, distribute, or create derivative works without our express written consent; -This Application may contain certain historical information. Such historical information is, by its nature, not current and is provided for your reference only. We are under no obligation to update such historical information. +**(c)** Any unauthorised use may result in immediate termination and legal action. -### 4.4 Modifications to Application Content +## 5. USER-GENERATED CONTENT -We reserve the right to modify, update, or remove the contents of this Application at any time, without prior notice. However, we are under no obligation to update any information on our Application. You agree that it is your responsibility to monitor changes to our Application. +### 5.1 Content Licence Grant -### 4.5 No Professional Advice +By submitting any content to our Services, you grant nhcarrigan: -The information provided on this Application is for informational purposes only and does not constitute professional advice. You should not act or refrain from acting on the basis of any content included in this Application without seeking professional or specialist advice. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Application, or by anyone who may be informed of any of its contents. +**(a)** A non-exclusive, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such content; -### 4.6 User-Generated Content +**(b)** The right to sublicense such content to third parties; -We may allow users to post, submit, publish, display, or transmit content on the Application. Any such user-generated content is not endorsed by us and does not necessarily represent our opinions or policies. We assume no responsibility or liability for any user-generated content or for any loss or damage resulting therefrom. +**(c)** The right to use such content for any lawful purpose, including commercial purposes. -### 4.7 Errors and Omissions +### 5.2 Content Representations -While we make reasonable efforts to ensure the accuracy of the information on our Application, there may be occasions when information contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. +You represent and warrant that: -### 4.9 No Guarantee of Timeliness +**(a)** You own or have the necessary rights to submit the content; -We do not guarantee that the Application will be updated on a real-time basis, and information presented on the Application may be delayed or may not reflect the most current state of affairs. +**(b)** The content does not infringe any third-party rights; -## 5. MODIFICATIONS TO THE SERVICE AND PRICES +**(c)** The content complies with all applicable laws and these Terms. -### 5.1 Right to Modify or Discontinue Service +### 5.3 Content Moderation -We reserve the right, at our sole discretion, to modify, suspend, or discontinue the Service (or any part or content thereof) at any time without prior notice. This includes, but is not limited to: +We reserve the right, but assume no obligation, to: -- Adding or removing features or functionality -- Changing the user interface -- Altering the technology stack or infrastructure -- Modifying or discontinuing any content within the Service +**(a)** Monitor, review, or moderate any user-generated content; -### 5.2 Price Changes +**(b)** Remove or modify content that violates these Terms; + +**(c)** Suspend or terminate users who repeatedly submit inappropriate content. + +## 6. SERVICE AVAILABILITY AND MODIFICATIONS + +### 6.1 Right to Refuse or Discontinue Service + +We reserve the right, at our sole discretion and without prior notice, to: + +**(a)** Refuse service to any person or entity for any reason; + +**(b)** Modify, suspend, or discontinue any aspect of our Services; + +**(c)** Impose limits on certain features or restrict access to parts of our Services. + +### 6.2 Technical Limitations and Data Transmission + +You acknowledge and accept that: + +**(a)** Content may be transmitted over various networks and systems not under our control; + +**(b)** Technical modifications may be necessary to conform to network requirements; + +**(c)** We cannot guarantee the security or integrity of data during transmission; + +**(d)** We are not liable for any loss, alteration, or unauthorised access to data during transmission. + +### 6.3 Usage Restrictions + +Without our express written consent, you shall not: + +**(a)** Reproduce, duplicate, copy, sell, or exploit any portion of the Services; + +**(b)** Use the Services for unauthorised commercial purposes; + +**(c)** Access the Services through means other than our provided interfaces; + +**(d)** Circumvent, disable, or interfere with security features; + +**(e)** Engage in unauthorised framing, deep-linking, or mirroring. + +## 7. INFORMATION ACCURACY AND LIABILITY + +### 7.1 Information Disclaimer + +We strive to provide accurate and current information through our Services. However, we make no representations or warranties regarding: + +**(a)** The accuracy, completeness, or timeliness of any information; + +**(b)** The suitability of information for any particular purpose; + +**(c)** The availability or functionality of any service or feature. + +### 7.2 User Responsibility for Information + +You acknowledge and agree that: + +**(a)** It is your responsibility to verify the accuracy of any information obtained through our Services; + +**(b)** You should not rely solely on information from our Services for making important decisions; + +**(c)** Any reliance upon information obtained through our Services is at your sole risk. + +### 7.3 Updates and Corrections We reserve the right to: -- Change, modify, or adjust the pricing for our Service at any time. -- Introduce new fees or charges for previously free aspects of the Service. -- Change the billing methods or payment terms for the Service. +**(a)** Correct any errors, inaccuracies, or omissions at any time without notice; -### 5.3 Notice of Changes +**(b)** Update or modify information as necessary; -While we may attempt to notify you of significant changes to the Service or pricing, we are under no obligation to do so. It is your responsibility to check these Terms and any official communication channels we may establish for updates and changes. +**(c)** Remove information that is outdated or no longer relevant. -### 5.4 Effect of Changes +## 8. THIRD-PARTY SERVICES AND CONTENT -Your continued use of the Service after any modifications or price changes constitutes your acceptance of such changes. If you do not agree with any modifications or price changes, you must discontinue using the Service. +### 8.1 Third-Party Integration -### 5.5 No Liability for Modifications or Discontinuation +Our Services may integrate with or link to third-party services, applications, or content ("Third-Party Services"). Such integration does not constitute our endorsement of the Third-Party Services. -We shall not be liable to you or to any third party for any: +### 8.2 Third-Party Terms and Policies -- Modification, change, suspension, or discontinuance of the Service -- Price change, including increases or introduction of new fees -- Loss of data or functionality resulting from modifications to the Service -- Inconvenience or damages caused by any modification or discontinuation of the Service +Your use of Third-Party Services may be subject to separate terms of service, privacy policies, and other agreements with the third-party providers. You are responsible for reviewing and complying with such terms. -### 5.6 Refunds and Credits +### 8.3 Disclaimer for Third-Party Services -Unless explicitly stated otherwise, we are not obligated to provide refunds or credits for any prepaid services in the event of Service modification, price change, suspension, or discontinuation. +We are not responsible for and make no warranties regarding: -### 5.7 Service Level Agreements +**(a)** The availability, functionality, or security of Third-Party Services; -Any service level agreements (SLAs) or performance guarantees, if offered, may be modified or terminated at our discretion. Changes to SLAs will be communicated through our official channels. +**(b)** The accuracy or completeness of third-party content; -### 5.8 Third-Party Services and Integrations +**(c)** Any transactions or interactions with third parties; -We may change, suspend, or discontinue any third-party services or integrations that are part of our Service. We are not responsible for any modifications, price changes, suspension, or discontinuation of third-party services integrated with our Service. +**(d)** Any damages or losses resulting from your use of Third-Party Services. -### 5.9 Data Retention and Export +## 9. PRIVACY AND DATA PROTECTION -In the event of Service discontinuation, we will make reasonable efforts to: +### 9.1 Privacy Policy -- Provide notice of the impending discontinuation -- Offer a method for you to export your data, if applicable -- Retain your data for a reasonable period before permanent deletion +Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. -### 5.10 Transition Assistance +### 9.2 Data Processing Consent -In case of significant changes or discontinuation of the Service, we may, at our discretion, provide transition assistance or alternative solutions. However, we are under no obligation to do so. +By using our Services, you consent to our processing of your personal information in accordance with our Privacy Policy and applicable data protection laws. -### 5.11 Survival of Terms +### 9.3 Data Security -Certain provisions of these Terms, by their nature, will continue to apply even after the modification or discontinuation of the Service, including but not limited to provisions relating to intellectual property, limitation of liability, and dispute resolution. +Whilst we implement reasonable security measures to protect your information, we cannot guarantee absolute security. You acknowledge that any transmission of data is at your own risk. -### 5.12 Communication of Changes +## 10. DISCLAIMERS AND WARRANTIES -While not obligated to do so, we may communicate significant changes to the Service or pricing through one or more of the following methods: +### 10.1 Service Disclaimer -- Email notifications to the address associated with your account -- Notices posted on our Application or website -- Announcements through our official social media channels -- In-app notifications or messages +Our Services are provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to: -## 6. OPTIONAL TOOLS AND THIRD-PARTY SERVICES +**(a)** Warranties of merchantability, fitness for a particular purpose, and non-infringement; -### 6.1 Provision of Third-Party Tools +**(b)** Warranties that the Services will be uninterrupted, error-free, or secure; -We may provide you with access to third-party tools, applications, or services ("Third-Party Tools") over which we neither monitor nor have any control or input. These Third-Party Tools are provided for your convenience only. +**(c)** Warranties regarding the accuracy or reliability of any information obtained through the Services. -### 6.2 No Warranties for Third-Party Tools +### 10.2 No Professional Advice -You acknowledge and agree that we provide access to such Third-Party Tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of these optional Third-Party Tools. +The information provided through our Services is for general informational purposes only and does not constitute professional advice. You should consult with qualified professionals before making decisions based on such information. -### 6.3 Use at Your Own Risk +### 10.3 System Requirements -Any use by you of optional Third-Party Tools offered through the Application is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). +We do not warrant that our Services will be compatible with all devices, operating systems, or software configurations. It is your responsibility to ensure compatibility. -### 6.4 Third-Party Terms and Policies +## 11. LIMITATION OF LIABILITY -Your use of Third-Party Tools may be subject to separate terms of service, privacy policies, and other agreements with the third-party providers. It is your responsibility to review and comply with such terms. +### 11.1 Limitation of Damages -### 6.5 No Support or Maintenance for Third-Party Tools +To the maximum extent permitted by applicable law, nhcarrigan shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: -We do not provide any support or maintenance for Third-Party Tools. For assistance with these tools, you should contact the third-party provider directly. +**(a)** Loss of profits, revenue, or business opportunities; -### 6.6 Integration and Compatibility +**(b)** Loss of data or information; -While we may integrate Third-Party Tools into our Service, we do not guarantee their compatibility, accuracy, or continued availability within our Application. +**(c)** Business interruption; -### 6.7 Changes to Third-Party Tools +**(d)** Personal injury (except where prohibited by law). -Third-party providers may modify or discontinue their tools at any time. We are not responsible for any consequences resulting from changes to Third-Party Tools. +### 11.2 Maximum Liability -### 6.8 Data Sharing with Third Parties +Our total liability to you for any claims arising out of or relating to these Terms or your use of the Services shall not exceed the amount you paid to us, if any, for the Services during the twelve months preceding the claim. -By using Third-Party Tools, you may be sharing your data with these third parties. We are not responsible for how these third parties collect, use, or protect your data. Please review the privacy policies of these third parties before using their tools. +### 11.3 Jurisdictional Limitations -### 6.9 Removal of Third-Party Tools +Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. -We reserve the right to disable access to any Third-Party Tool at any time, without notice, for any reason or no reason. +## 12. INDEMNIFICATION -### 6.10 Future Services and Features +### 12.1 User Indemnification -We may, in the future, offer new services and/or features through the Application (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. +You agree to indemnify, defend, and hold harmless nhcarrigan, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to: -### 6.11 Beta Features +**(a)** Your use or misuse of the Services; -We may offer access to beta features or services. These are provided on an "as is" basis and may be modified or discontinued at any time without notice. +**(b)** Your breach of these Terms; -### 6.12 Feedback on Third-Party Tools +**(c)** Your violation of any applicable laws or regulations; -While we welcome your feedback on Third-Party Tools, we are under no obligation to act upon such feedback or to communicate it to the third-party providers. +**(d)** Your infringement of any third-party rights. -### 6.13 No Revenue Sharing +### 12.2 Defence and Settlement -Unless explicitly stated otherwise, we do not share any revenue or receive any compensation from third-party providers for making their tools available through our Application. +We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with our defence of such claims. -### 6.14 Indemnification for Third-Party Tool Usage +## 13. TERMINATION -You agree to indemnify, defend, and hold harmless nhcarrigan and its affiliates from any claims, liabilities, damages, or expenses (including attorneys' fees) arising from your use of any Third-Party Tools. +### 13.1 Termination by Either Party -### 6.15 Security and Data Protection +Either party may terminate these Terms at any time: -While we take reasonable measures to ensure the security of our Application, we cannot guarantee the security of Third-Party Tools or any data transmitted to or from these tools. +**(a)** You may terminate by discontinuing use of all Services; -### 6.16 Compliance with Laws +**(b)** We may terminate immediately with or without cause or notice. -You are responsible for ensuring that your use of Third-Party Tools complies with all applicable laws and regulations. +### 13.2 Effect of Termination -## 7. THIRD-PARTY LINKS AND CONTENT +Upon termination: -### 7.1 Third-Party Materials +**(a)** Your right to use the Services shall immediately cease; -Certain content, products, and services available via our Service may include materials from third parties. These may include, but are not limited to, text, graphics, images, videos, software, and other content. +**(b)** You must destroy all copies of any downloaded materials; -### 7.2 Third-Party Links +**(c)** Sections that by their nature should survive termination shall remain in effect. -Our Application may contain links to third-party websites, applications, or services that are not owned, controlled, or operated by nhcarrigan. These links are provided for your convenience and reference only. +### 13.3 Survival -### 7.3 No Responsibility for Third-Party Content +The following sections shall survive termination of these Terms: Definitions, User-Generated Content, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and any other sections that by their nature should survive. -We are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of third-party materials, websites, products, or services. We do not warrant and will not have any liability or responsibility for any: +## 14. GOVERNING LAW AND DISPUTE RESOLUTION -- Third-party materials or websites -- Other materials, products, or services of third parties -- Content or accuracy of any third-party content presented on our Application +### 14.1 Governing Law -### 7.4 Use of Third-Party Websites and Services +These Terms shall be governed by and construed in accordance with the laws of Washington State, United States, without regard to its conflict of law principles. -Your use of any third-party websites or services is subject to the terms and conditions of use and privacy policies of those third parties. We strongly advise you to read the terms and conditions and privacy policies of any third-party website or service that you visit or use. +### 14.2 Jurisdiction and Venue -### 7.5 No Liability for Third-Party Transactions +Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in Washington State, United States. You consent to the jurisdiction of such courts. -We are not liable for any harm, damages, or losses related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or services. Any transactions you engage in with third parties are between you and the third party, and not with nhcarrigan. +### 14.3 Dispute Resolution -### 7.6 Complaints and Claims +Before initiating any formal legal proceedings, the parties agree to attempt to resolve any disputes through good faith negotiations for a period of at least thirty (30) days. -Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the respective third party. We are not responsible for addressing such issues. +### 14.4 Class Action Waiver -### 7.7 Disclaimer of Warranties +You agree that any disputes shall be resolved on an individual basis and not as part of a class action, collective action, or representative proceeding. -We make no warranties or representations about the accuracy or completeness of any third-party content accessible through our Application, and we assume no liability or responsibility for any: +## 15. GENERAL PROVISIONS -- Errors, mistakes, or inaccuracies of content -- Personal injury or property damage resulting from your access to or use of third-party services -- Any unauthorized access to or use of our secure servers and/or any personal information stored therein -- Any interruption or cessation of transmission to or from third-party services -- Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Application by any third party -- Any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via third-party services +### 15.1 Entire Agreement -### 7.8 Monitoring of Third-Party Links +These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the complete and exclusive agreement between you and us regarding your use of the Services. -While we may periodically review third-party links on our Application, we are under no obligation to monitor or review such links or content. You agree that we have no liability for any loss or damage arising from your use of any third-party website, service, or content. +### 15.2 Severability -### 7.9 Removal of Third-Party Links +If any provision of these Terms is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. -We reserve the right to remove any third-party links from our Application at any time without notice. +### 15.3 Assignment -### 7.10 No Endorsement +You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. -The presence of third-party links on our Application does not imply endorsement, approval, or sponsorship by nhcarrigan of the linked websites, products, or services. +### 15.4 No Waiver -### 7.11 Framing and Deep Linking +Our failure to enforce any provision of these Terms shall not be construed as a waiver of such provision or our right to enforce it in the future. -You may not frame or deep link to any page or content on our Application without our express written permission. +### 15.5 Electronic Communications -### 7.12 Indemnification +You consent to receive communications from us electronically, and you agree that all agreements, notices, and other communications satisfy any legal requirement that such communications be in writing. -You agree to indemnify, defend, and hold harmless nhcarrigan and its affiliates from any claims, liabilities, damages, or expenses (including attorneys' fees) arising from your use of any third-party websites, services, or content accessed through our Application. +## 16. CONTACT INFORMATION -### 7.13 Security Warning +### 16.1 General Inquiries -Be aware that when you leave our Application by using a link, other sites may have different privacy policies and terms that are beyond our control. Please be sure to check the privacy policies of these sites as well as their "Terms of Service" before engaging in any business or uploading any information. +For questions about these Terms or our Services, please contact us at: -## 8. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS +**Email:** terms@nhcarrigan.com -### 8.1 User Submissions +### 16.2 Legal Notices -By submitting comments, ideas, suggestions, proposals, plans, or other materials ("User Submissions"), whether solicited or unsolicited, you grant nhcarrigan a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Application and nhcarrigan's business. +All legal notices and formal communications should be sent to: -### 8.2 Rights Granted +**Email:** legal@nhcarrigan.com -You agree that we may, at any time, without restriction or compensation, and without notice: +### 16.3 Business Hours -- Edit, copy, publish, distribute, translate, and otherwise use in any medium any User Submissions -- Use any ideas, concepts, know-how, or techniques contained in any User Submissions for any purpose whatsoever, including developing, manufacturing, and marketing products or services +We endeavour to respond to all inquiries within forty-eight (48) hours during normal business hours (Monday through Friday, 9:00 AM to 5:00 PM Pacific Standard Time). -### 8.3 No Obligation +**Last Updated:** [Date to be inserted] -We are under no obligation to: +**Effective Date:** [Date to be inserted] -- Maintain any User Submissions in confidence -- Pay compensation for any User Submissions -- Respond to any User Submissions +--- -### 8.4 Content Moderation - -We reserve the right, but have no obligation, to monitor, edit, or remove any User Submissions that we determine, in our sole discretion, to be: - -- Unlawful, offensive, threatening, libellous, defamatory, pornographic, or obscene -- Violating any party's intellectual property rights -- Violating these Terms of Service or our Code of Conduct -- Otherwise objectionable - -### 8.5 User Representations and Warranties - -You represent and warrant that your User Submissions: - -- Do not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights -- Do not contain libellous, unlawful, abusive, or obscene material -- Do not contain any computer virus or other malware that could affect the operation of the Service or any related website -- Do not violate any applicable local, state, national, or international law or regulation - -### 8.6 Prohibited Content - -You agree not to submit User Submissions that: - -- Impersonate any person or entity -- Falsely state or otherwise misrepresent your affiliation with a person or entity -- Contain false or misleading information -- Infringe upon or violate our intellectual property rights or the intellectual property rights of others -- Promote illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libellous -- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age -- Contain topics, names, material, or information that violate any applicable law or regulation - -### 8.7 Responsibility for User Submissions - -You are solely responsible for any User Submissions you make and their accuracy. We take no responsibility and assume no liability for any User Submissions posted by you or any third party. - -### 8.8 No Endorsement - -We do not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. - -### 8.9 Right to Remove or Refuse - -We reserve the right to remove any User Submissions from the Application at any time, for any reason, without notice. We also reserve the right to refuse to post any User Submissions, at our sole discretion. - -### 8.10 Feedback - -If you provide us with any feedback or suggestions regarding the Application ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate. - -### 8.11 No Compensation - -You agree that you will not be entitled to, and shall not receive, any compensation or reimbursement of any kind for your User Submissions or Feedback. - -### 8.12 Indemnification - -You agree to indemnify and hold nhcarrigan and its affiliates, officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your User Submissions. - -### 8.13 Survival - -The provisions of this section shall survive the termination of these Terms of Service. - -## 9. PERSONAL INFORMATION AND PRIVACY - -### 9.1 Governing Policy - -Your submission of personal information through the Application is governed by our Privacy Policy. Our Privacy Policy is incorporated into these Terms of Service by reference. - -### 9.2 Location of Privacy Policy - -To view our complete Privacy Policy, please visit: [Privacy Policy](./privacy.md) - -### 9.3 Consent to Privacy Policy - -By using our Application and providing personal information, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy. - -### 9.4 Types of Information Collected - -We may collect various types of personal information, including but not limited to: - -- Contact information (e.g., name, email address, phone number) -- Account credentials -- Usage data and analytics -- Device information -- Location data (if permitted by you) - -### 9.5 Use of Personal Information - -We use your personal information to: - -- Provide and improve our services -- Communicate with you about our services -- Personalize your experience -- Comply with legal obligations -- Protect our rights and the rights of others - -### 9.6 Data Security - -We implement reasonable security measures to protect your personal information. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security. - -### 9.7 Third-Party Access - -We may share your personal information with third-party service providers who assist us in operating our Application and providing services to you. These third parties are obligated to use your information only for the purposes for which we disclose it to them. - -### 9.8 Data Retention - -We retain your personal information for as long as necessary to fulfil the purposes outlined in our Privacy Policy, unless a longer retention period is required or permitted by law. - -### 9.9 Your Rights - -Depending on your jurisdiction, you may have certain rights regarding your personal information, such as the right to access, correct, or delete your data. Please refer to our Privacy Policy for more information on how to exercise these rights. - -### 9.10 Children's Privacy - -Our Application is not intended for use by children under the age of 13 (or the applicable age of digital consent in your jurisdiction). We do not knowingly collect personal information from children under this age. - -### 9.11 International Data Transfers - -Your information may be transferred to and processed in countries other than your own. By using our Application, you consent to these transfers in accordance with our Privacy Policy. - -### 9.12 Cookies and Tracking Technologies - -We may use cookies and similar tracking technologies to collect information about your use of our Application. You can manage your cookie preferences through your browser settings. - -### 9.13 Changes to Privacy Policy - -We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last Updated" date. - -### 9.14 Contact Information - -If you have any questions about our Privacy Policy or how we handle your personal information, please contact us using the information provided in the Privacy Policy. - -### 9.15 Governing Law - -The collection and use of your personal information shall be governed by the laws specified in our Privacy Policy and these Terms of Service. - -## 10. ERRORS, INACCURACIES AND OMISSIONS - -### 10.1 Possibility of Errors - -We strive to provide accurate and up-to-date information on our Application and in our Service. However, occasionally there may be information that contains typographical errors, inaccuracies, or omissions. We do not warrant that the content within the Service or on any related website is complete, accurate, or current. - -### 10.2 Right to Correct Errors - -We reserve the right to: - -- Correct any errors, inaccuracies, or omissions -- Change or update information -- Modify or discontinue all or part of the Service at any time without prior notice. - -### 10.3 No Obligation to Update - -We undertake no obligation to update, amend, or clarify information in the Service or on any related website, except as required by law. This includes, but is not limited to: - -- Product descriptions -- Pricing information -- Availability information -- User-generated content - -### 10.4 Interpretation of Update Dates - -No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information has been modified or updated. The absence of a specific update date does not necessarily mean that the information is current or accurate. - -### 10.5 Pricing Errors - -In the event that a product or service is mistakenly listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel any orders placed for that product or service, whether or not the order has been confirmed and your payment method charged. - -### 10.6 Changes Without Notice - -We reserve the right to change product or service descriptions, pricing, promotions, and availability at any time without notice and without incurring any obligation to you. - -### 10.7 User Responsibility - -You agree that it is your responsibility to: - -- Monitor changes to the Service -- Verify the accuracy of information before relying on it -- Contact us if you find any errors or inaccuracies - -### 10.8 Limitation of Liability - -We shall not be liable for any loss or damage caused by your reliance on information obtained through the Service. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Service. - -### 10.9 Third-Party Content - -We are not responsible for any errors, inaccuracies, or omissions in content provided by third parties, including user-generated content and linked third-party websites. - -### 10.10 Reporting Errors - -If you believe you have found an error, inaccuracy, or omission in our Service, please contact us immediately with details so that we can investigate and, if necessary, correct the issue. - -### 10.11 Accuracy of Information - -While we strive to provide accurate information, we do not warrant that product descriptions, pricing, or other content of this Application is accurate, complete, reliable, current, or error-free. - -## 11. PROHIBITED USES - -In addition to other prohibitions set forth in these Terms of Service, you are strictly prohibited from using the Application or its content in the following ways: - -### 11.1 Unlawful Activities - -- For any unlawful purpose -- To solicit others to perform or participate in any unlawful acts -- To violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances - -### 11.2 Intellectual Property Infringement - -- To infringe upon or violate our intellectual property rights or the intellectual property rights of others - -### 11.3 Harassment and Discrimination - -- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on: - - Gender or gender identity - - Sexual orientation - - Religion or religious beliefs - - Ethnicity - - Race - - Age - - National origin - - Disability - - Any other protected characteristic - -### 11.4 Misrepresentation - -- To submit false or misleading information - -### 11.5 Malicious Activities - -- To upload or transmit viruses, malware, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of: - -- The Service -- Any related website -- Other websites -- The Internet - -### 11.6 Privacy Violations - -- To collect or track the personal information of others without their explicit consent - -### 11.7 Automated Access - -- To engage in any automated use of the system, such as: - - Spamming - - Phishing - - Pharming - - Pretexting - - Using scripts to collect information - - Using bots or scrapers - -### 11.8 Obscene or Immoral Purposes - -- For any obscene or immoral purpose - -### 11.9 Security Interference - -- To interfere with or circumvent the security features of: - -- The Service -- Any related website -- Other websites -- The Internet - -### 11.10 Additional Prohibited Activities - -- To impersonate or attempt to impersonate nhcarrigan, an nhcarrigan employee, another user, or any other person or entity -- To engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service) -- To attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service -- To probe, scan, or test the vulnerability of the Service or any network connected to the Service -- To use any device, software, or routine to interfere with the proper working of the Service -- To forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted through the Service -- To "frame" or "mirror" any part of the Service without our prior written authorization -- To use meta tags or any other "hidden text" utilizing our name or trademarks -- To sell, resell, or make commercial use of the Service without our express written consent -- OR any other activity that violates our Code of Conduct - -### 11.11 Enforcement - -We reserve the right to: - -- Investigate and take appropriate legal action against anyone who, in our sole discretion, violates this section, including without limitation, reporting such user to law enforcement authorities -- Terminate or suspend your access to all or part of the Service for violating any of the prohibited uses -- Remove or refuse to post any user contributions for any or no reason at our sole discretion - -### 11.12 Cooperation with Authorities - -We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service in violation of these prohibitions. - -### 11.13 Indemnification - -You agree to indemnify, defend, and hold harmless nhcarrigan and its affiliates, licensors, and service providers from any claims resulting from any action taken by us as a result of your violation of these prohibited uses. - -### 11.14 Modifications - -We reserve the right to modify, add to, or remove any part of this list of prohibited uses at any time without prior notice. - -## 12 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY - -### 12.1 No Guarantee of Uninterrupted Service - -We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. You acknowledge that there may be interruptions, delays, inaccuracies, and other problems with the Service. - -### 12.2 No Warranty of Results - -We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You acknowledge that any reliance on such results is at your own risk. - -### 12.3 Right to Modify or Cancel Service - -You agree that we may, in our sole discretion and without prior notice: - -- Remove the Service for indefinite periods of time -- Cancel the Service at any time -- Modify, suspend, or discontinue any aspect of the Service - -### 12.4 Use at Your Own Risk - -You expressly agree that your use of, or inability to use, the Service is at your sole risk. You assume full responsibility and risk of loss resulting from your use of the Service. - -### 12.5 'As Is' and 'As Available' Basis - -The Service and all products and services delivered to you through the Service are provided on an 'as is' and 'as available' basis, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of: - -- Merchantability -- Merchantable quality -- Fitness for a particular purpose -- Durability -- Title -- Non-infringement - -### 12.6 Disclaimer of Warranties - -TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NHCARRIGAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. - -### 12.7 Limitation of Liability - -In no case shall nhcarrigan, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation: - -- Lost profits -- Lost revenue -- Lost savings -- Loss of data -- Replacement costs -- Any similar damages - -Whether based in contract, tort (including negligence), strict liability, or otherwise, arising from: - -- Your use of any of the Service -- Any products procured using the Service -- Any other claim related in any way to your use of the Service or any product - -This limitation applies to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. - -### 12.8 Jurisdictional Limitations - -Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. - -### 12.9 Essential Purpose - -You acknowledge and agree that the foregoing disclaimers and limitations of liability are essential elements of the basis of the bargain between you and nhcarrigan, and will apply even if found to have failed their essential purpose. - -### 12.10 Force Majeure - -We will not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause beyond our reasonable control, including, without limitation, acts of God, natural disasters, pandemic, labour disputes, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials. - -### 12.11 Time Limitation - -You agree that any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. - -## 13. INDEMNIFICATION - -### 13.1 Scope of Indemnification - -You agree to indemnify, defend, and hold harmless nhcarrigan and our: - -- Parent companies -- Subsidiaries -- Affiliates -- Partners -- Officers -- Directors -- Agents -- Contractors -- Licensors -- Service providers -- Subcontractors -- Suppliers -- Interns -- Employees - -from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: - -- Your breach of these Terms of Service -- Your breach of any documents incorporated by reference into these Terms -- Your violation of any law or regulation -- Your violation of the rights of any third party -- Your use or misuse of the Service -- Any content you submit, post, or transmit through the Service -- Your interaction with any other user of the Service -- Any transaction you enter into through the Service - -### 13.2 Duty to Defend - -You agree to cooperate as fully as reasonably required in the defence of any claim. nhcarrigan reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you. - -### 13.3 No Admission of Liability - -Your agreement to indemnify nhcarrigan does not constitute an admission of liability on your part. - -### 13.4 Notification of Claims - -You agree to promptly notify nhcarrigan in writing of any third-party claim subject to indemnification. - -### 13.5 Settlement of Claims - -You agree not to settle any claim without the prior written consent of nhcarrigan. - -### 13.6 Expenses - -You agree to reimburse nhcarrigan for any and all reasonable expenses incurred in defending against any indemnified claim, including but not limited to attorneys' fees, court costs, and expert witness fees. - -### 13.7 Survival of Indemnification - -This indemnification obligation will survive the termination of these Terms of Service and your use of the Service. - -### 13.8 Limitation on Indemnification - -Your indemnification obligation shall be limited to the extent permitted by applicable law. - -### 13.9 Right to Assume Defence - -nhcarrigan reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. - -### 13.10 Mitigation of Damages - -Both parties agree to use reasonable efforts to mitigate any potential damages subject to indemnification. - -### 13.11 No Waiver of Other Rights - -Nothing in this section shall be construed as a waiver of any other rights or remedies nhcarrigan may have under law or equity. - -### 13.12 Severability - -If any portion of this indemnification provision is found to be unenforceable or invalid, that portion shall be limited or eliminated to the minimum extent necessary so that this indemnification provision shall otherwise remain in full force and effect and enforceable. - -### 13.13 Modification - -nhcarrigan reserves the right to modify this indemnification provision at any time, effective upon posting of an updated version on this Application. You are responsible for regularly reviewing these Terms of Service to stay informed of updates. - -## 14. SEVERABILITY - -### 14.1 Severability Principle - -In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall: - -- Be deemed severed from these Terms of Service -- Not affect the validity and enforceability of any other remaining provisions -- Nonetheless be enforceable to the fullest extent permitted by applicable law - -### 14.2 Interpretation of Severed Provisions - -If any provision is severed from these Terms: - -- The remaining provisions shall be interpreted in a manner that best reflects the original intent of the parties -- The severed provision shall be replaced with a valid and enforceable provision that most closely matches the intent of the original provision - -### 14.3 Partial Enforcement - -If any provision of these Terms is found to be partially unlawful, void, or unenforceable: - -- The provision shall be enforced to the maximum extent permissible under applicable law -- The unenforceable portion shall be deemed to be severed from these Terms - -### 14.4 Reformation - -In lieu of severing any provision, a court or arbitrator may reform the provision to the extent necessary to make it enforceable while preserving its intent. - -### 14.5 Severability in Different Jurisdictions - -The severability of provisions may be assessed differently in various jurisdictions. These Terms shall be interpreted and enforced as if the unenforceable provision had never been included, in any jurisdiction where the provision is deemed unenforceable. - -### 14.6 Effect on Entire Agreement - -The un-enforceability or invalidity of any provision shall not affect the enforceability or validity of the entire agreement. These Terms shall continue in full force and effect as if such invalid or unenforceable provision had never been contained herein. - -### 14.7 Negotiation in Good Faith - -If any provision is determined to be unenforceable, the parties agree to negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible. - -### 14.8 Severability of Headings - -The headings used in these Terms are for convenience only and shall not affect the interpretation or enforceability of any provision. - -### 14.9 No Waiver - -The failure to enforce any part of these Terms shall not constitute a waiver of the right to later enforce that or any other part of these Terms. - -### 14.10 Survival of Essential Provisions - -Provisions that are essential to the purpose of these Terms, including but not limited to indemnification, limitation of liability, and dispute resolution provisions, shall survive the termination or expiration of these Terms. - -### 14.11 Interpretation in Favour of Validity - -These Terms shall be interpreted, to the extent possible, in a manner that makes them valid and enforceable under applicable law. - -### 14.12 Notification of Un-enforceability - -If you believe any provision of these Terms to be unenforceable, please notify us in writing with a detailed explanation. - -## 15. TERMINATION - -### 15.1 Survival of Obligations - -The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. This includes, but is not limited to: - -- Payment obligations -- Indemnification obligations -- Confidentiality obligations -- Intellectual property rights - -### 15.2 Effective Period - -These Terms of Service are effective unless and until terminated by either you or nhcarrigan. - -### 15.3 User-Initiated Termination - -You may terminate these Terms of Service at any time by: - -- Notifying us in writing that you no longer wish to use our Services -- Ceasing to use our Application -- Closing your account, if applicable - -### 15.4 nhcarrigan-Initiated Termination - -We reserve the right to terminate this agreement at any time, without notice, if in our sole judgment: - -- You fail to comply with any term or provision of these Terms of Service -- We suspect that you have failed to comply with these Terms -- You violate any applicable laws or regulations -- You engage in conduct that is harmful to other users, third parties, or our business interests - -### 15.5 Consequences of Termination - -Upon termination of these Terms of Service: - -- Your right to use the Service will immediately cease -- You will remain liable for all amounts due up to and including the date of termination -- We may deny you access to our Services (or any part thereof) -- We may delete or deactivate your account and all related information and files in your account - -### 15.6 Data Retention and Deletion - -After termination, we: - -- May retain your data for a period of time for backup, archival, or audit purposes -- Are not obligated to maintain or provide you with any of your data -- May delete your data in accordance with our data retention policies and applicable laws - -### 15.7 Reinstatement - -Terminated accounts may not be reactivated without our express permission. - -### 15.8 Refunds - -Unless otherwise specified, termination does not entitle you to any refunds for fees paid. - -### 15.9 Suspension - -In addition to termination, we reserve the right to suspend your access to the Service temporarily or permanently, without notice, for conduct that we believe violates these Terms or is harmful to other users, third parties, or our business interests. - -### 15.10 Notice of Termination - -While we may provide notice of termination in some cases, we reserve the right to terminate without notice. - -### 15.11 Ongoing Obligations - -Certain provisions of these Terms shall continue to be effective after termination, including: - -- Ownership provisions -- Warranty disclaimers -- Indemnity obligations -- Limitation of liability - -### 15.12 Cumulative Remedies - -The rights of termination provided in this section are in addition to any other rights and remedies available to nhcarrigan under these Terms or by law. - -### 15.13 Appeal Process - -If you believe your account has been terminated in error, you may appeal the termination by contacting us with a detailed explanation. - -## 16. ENTIRE AGREEMENT - -### 16.1 No Waiver - -The failure of nhcarrigan to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. - -### 16.2 Comprehensive Agreement - -These Terms of Service, together with any policies or operating rules posted by us on this Application or in respect to The Service, constitute the entire agreement and understanding between you and nhcarrigan and govern your use of the Service. This agreement supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). - -### 16.3 Policies and Operating Rules - -Any policies or operating rules posted by us on this Application are hereby incorporated by reference into these Terms of Service. - -### 16.4 No Reliance on External Representations - -You agree that you have not relied on any statement, promise, or representation made or given by or on behalf of nhcarrigan which is not set out in these Terms of Service or any document expressly referred to in them. - -### 16.5 Modification of Terms - -No modification of these Terms of Service shall be effective unless it is in writing and signed by an authorized representative of nhcarrigan. - -### 16.6 Interpretation - -Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The language in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party. - -### 16.7 Severability - -If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. - -### 16.8 Assignment - -These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by nhcarrigan without restriction. - -### 16.9 No Agency - -No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service. - -### 16.10 Headings - -The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. - -### 16.11 Survival - -All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. - -### 16.12 Electronic Communications - -For contractual purposes, you (a) consent to receive communications from nhcarrigan in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that nhcarrigan provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. - -### 16.13 Conflicting Terms - -If there is a conflict between these Terms of Service and any other agreement or policy, these Terms of Service will prevail in relation to the subject matter of these Terms. - -### 16.14 Language - -Where nhcarrigan has provided you with a translation of the English language version of these Terms, you agree that the translation is provided for your convenience only and that the English language version of these Terms will govern your relationship with nhcarrigan. - -## 17. GOVERNING LAW AND DISPUTE RESOLUTION - -### 17.1 Governing Law - -These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law principles. - -### 17.2 Jurisdiction - -You agree that any legal action or proceeding between you and nhcarrigan shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Washington, United States. - -### 17.3 Binding Arbitration - -Any dispute, controversy, or claim arising out of or relating to these Terms of Service, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted can be arbitrated, shall be referred to and finally determined by binding arbitration in accordance with the JAMS International Arbitration Rules. - -### 17.4 Arbitration Process - -The arbitration shall be conducted as follows: - -- The arbitration tribunal shall consist of one arbitrator. -- The place of arbitration shall be Seattle, Washington, United States. -- The language to be used in the arbitral proceedings shall be English. -- The arbitration award shall be final and binding on both parties. - -### 17.5 Class Action Waiver - -To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise. - -### 17.6 Exception to Arbitration - -Notwithstanding the foregoing, we reserve the right to bring an action in any court of competent jurisdiction to seek injunctive or other equitable relief in the event of a breach or threatened breach by you of these Terms of Service. - -### 17.7 Time Limitation - -You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. - -### 17.8 Severability - -If any provision of this Section 17 is held to be unenforceable, such provision shall be struck and the remainder of this section shall be enforced. - -### 17.9 Modifications to this Section - -nhcarrigan reserves the right to modify this Section 17 at any time. If we do make changes, we will provide notice of such changes by posting the revised Terms of Service on our Application and updating the "Last Updated" date at the top of this Section 17. Your continued use of the Service following the posting of changes to this section constitutes your acceptance of those changes. - -### 17.10 Costs of Arbitration - -The costs of arbitration shall be borne by You unless the arbitrator determines otherwise. - -### 17.11 Confidentiality - -The parties agree to keep confidential all awards in their arbitration, together with all materials in the proceedings created for the purpose of the arbitration and all other documents produced by another party in the proceedings not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right, or to enforce or challenge an award in legal proceedings before a court or other judicial authority. - -## 18. CHANGES TO TERMS OF SERVICE - -### 18.1 Current Version - -You can review the most current version of the Terms of Service at any time on this page: https://docs.nhcarrigan.com/#/terms - -### 18.2 Right to Modify - -We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. This includes the right to modify, discontinue, or add to any portion of these Terms at any time. - -### 18.3 Notification of Changes - -While we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. We may, but are not obligated to, provide additional notice of significant changes. - -### 18.4 User Responsibility - -It is your responsibility to check our website periodically for changes to these Terms of Service. We recommend reviewing these Terms at least once every 30 days. - -### 18.5 Acceptance of Changes - -Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If you do not agree to the modified terms, you should discontinue your use of the Service. - -### 18.6 Effective Date of Changes - -Any changes to these Terms will be effective immediately upon posting unless otherwise stated. The "Last Updated" date at the top of this Terms of Service will be updated to reflect the date of the most recent changes. - -### 18.7 Material Changes - -If we make material changes to these Terms, we will provide a more prominent notice or, in some cases, email notification of the changes. - -### 18.8 Prior Versions - -We may, at our discretion, provide access to prior versions of these Terms. However, please note that your use of the Service is governed by the current version of the Terms at the time of your use. - -### 18.9 Continuation of Service - -If you do not agree with the changes to these Terms, you must stop using the Service. Continued use of the Service will indicate your acceptance of the new Terms. - -### 18.10 Severability of Changes - -If any change to these Terms is found to be invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or the Terms as a whole. - -### 18.11 Governing Law of Changes - -Any changes to these Terms will be governed by the law specified in the "Governing Law" section of these Terms. - -### 18.12 Questions About Changes - -If you have any questions or concerns about changes to these Terms, please contact us at terms@nhcarrigan.com. - -### 18.13 Language of Changes - -Any changes to these Terms will be made in the same language(s) in which these Terms are provided. In the event of any discrepancy between versions in different languages, the English version shall prevail. - -## 19. CONTACT INFORMATION - -### 19.1 Primary Contact Method - -Questions about the Terms of Service should be sent to us at: - -Email: terms@nhcarrigan.com - -### 19.2 Additional Contact Information - -For other inquiries or concerns, you may also reach us through the following channels: - -Email: contact@nhcarrigan.com -Forum: https://forum.nhcarrigan.com - -### 19.3 Business Hours - -Our team is available to respond to inquiries during the following hours: - -M-F 9a-5p PST - -### 19.4 Response Time - -We strive to respond to all inquiries within 48 business hours. However, complex issues may require additional time for a comprehensive response. - -### 19.5 Reporting Violations - -If you believe any user has violated these Terms of Service, please report it immediately to the email address above. - -### 19.6 Technical Support - -For technical issues or support related to the Service, please contact: support@nhcarrigan.com - -### 19.7 Legal Notices - -Any legal notices should be sent to: legal@nhcarrigan.com - -### 19.8 Press Inquiries - -For press or media inquiries, please contact: press@nhcarrigan.com - -### 19.9 Updates to Contact Information - -We may update our contact information from time to time. The most current contact information will always be available in these Terms of Service. - -### 19.10 Privacy Concerns - -For privacy-related questions or to exercise your data rights, please contact our Data Protection Officer at: privacy@nhcarrigan.com - -### 19.11 Accessibility - -If you have any accessibility concerns or require these Terms in an alternative format, please contact us at the email address provided above. - -### 19.12 Language Support - -We currently offer support in the following languages: - -- English - -For support in these languages, please use the appropriate contact method listed on our website. - -### 19.13 Social Media - -While we maintain social media accounts, please note that these are not official channels for legal notices or time-sensitive communications. For urgent matters, please use the email address provided above. +*These Terms of Service are governed by the laws of Washington State, United States. By using our Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.* \ No newline at end of file