Fanlore:Terms of Service

From Fanlore
Jump to navigation Jump to search
Policy: Terms of Service
In summary: Fanlore's original content is licensed under the Creative Commons Attribution Non-Commercial license.

Fanlore is dedicated to protecting your privacy.

By contributing material to Fanlore you agree to work within Fanlore's policies.
Related Policies: Copyright, Ethical Standards for Community & Content.

General Terms

Summary

The Organization for Transformative Works (“OTW”) is the nonprofit behind Fanlore. The OTW is committed to defending fanworks — including meta, analysis and curatorial content — against legal challenges. Our position on transformative fanworks is detailed in the OTW FAQ.

These Terms of Service constitute an agreement between you and the Organization for Transformative Works (OTW) and govern your use of the Fanlore service (hereinafter “Service”, “Fanlore” or “Site”). It takes the place of all prior agreements between you and the OTW concerning your use of the Service. It does not govern your use of other OTW sites and/or projects, including the OTW site itself, Archive of Our Own, or Transformative Works and Cultures, or donations to or membership in the OTW, or OTW elections, all of which are covered under separate agreements hosted on each of the OTW Sites.

You Agree to the Terms of Service

Fanlore hosts and shares content created by fans, for fans. Our Privacy Policy is a part of these Terms of Service and is contained in Section 4 of these Terms of Service. By editing or creating a page, adding to a talk page, posting an image or image identifier, posting any item of information including personally identifying information like an e-mail address, user name, link, embedded image, audio file or video, or submitting any other form of content (collectively, "Content") to the Site, or by creating a user account and/or by viewing any Content on the Site, you affirm, confirm and state that you comply with and assent to the ToS, including the Fanlore Age Policy and Fanlore Privacy Policy.

These Terms of Service are subject to amendments of the update process by the OTW Board, which is the only means by which the Terms of Service may be altered. The Terms of Service cannot be changed by, e.g., e-mails or oral communications with you. If these Terms of Service and/or its Privacy Policy change at any point in the future, we will post the policy changes to the Site. Such changes will be used only for information provided by those who have visited, used, or accessed the Service after the effective date of such policy changes. If you are concerned about how your information is used, you should check back at the Site periodically to review the policies. If you feel that the Service is not following these Terms of Service, please contact the Fanlore Committee.

You acknowledge and agree that the OTW may preserve Content and may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process (such as a valid subpoena); enforce the ToS; respond to claims that any Content violates the rights of third parties; or protect the rights, property, or personal safety of the OTW services' users and the public.

You agree not to use the Site to do the following. Fanlore reserves the right to remove Content and disable accounts of users who do the following:

  1. impersonate any person or entity, including, but not limited to, a Fanlore or OTW representative or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  2. make available any Content that a court has ruled constitutes patent, trademark, trade secret or copyright infringement (please be aware of the OTW's position on fanwork legality);
  3. make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or hardware or telecommunications equipment;
  4. make available material that contains or links to child pornography (images of real children); warez, cracks, hacks or other executable files and their associated utilities; trade secrets, restricted technologies, or classified information.
  5. interfere with or disrupt the Service, any OTW-hosted Content or sites, servers, Services or networks connected to OTW sites;
  6. violate the Site Age Policy described below; or
  7. use OTW services to break any law that applies to you, including any rules or regulations having the force of law. Just by way of example, do not use the services to disseminate restricted technologies or violate laws governing the export of technical data.

You acknowledge that the OTW provides Fanlore on an “as is” and “as available” basis. The OTW expressly disclaims all warranties of any kind. The OTW does not promise that our services will meet your requirements; that our services will be uninterrupted, timely, secure, or error-free; or that the results you get from using the services will be accurate, reliable, or satisfactory to you. We will endeavor to provide the best possible service to users of the Service, but many things (e.g., possible outages, hackings, etc.) are not within our control and we cannot provide for all eventualities. In the event we learn of a breach of personally identifying information that users have submitted to the Service, we will notify affected users as soon as practicable.

Any material you view, obtain, or otherwise access through the Service is at your own risk. You will be solely responsible for any damage or loss of data that results from the any such activity. You expressly agree that the OTW shall not be liable to you for any damages of any kind (even if the OTW has been advised of the possibility of such damages) resulting from the Service, including but not limited to your use of or inability to use the Service; unauthorized access to or changes in Content or information you submit; and the acts and statements of third parties who use the Service.

You agree that the OTW shall not be liable to you or any third party for any termination of or limitation on your access to Fanlore. The OTW may change, end, or put on hiatus the Service, or parts of its Services, at any time.

You agree that the OTW shall not be liable to you for any claim arising out of Content you make available, your use of the Service, your connection to the Service, your use of the ToS, or your violation of any rights of another.

In other words, the OTW is not liable to you for allowing you to post Content, use the Service, or otherwise interact with Fanlore. The OTW does not assume whatever legal risks you face by posting, viewing, or doing other things with Content.

Legalese: where a lawsuit would be filed, when, and under what law

This Fanlore ToS, the relationship between you and the OTW, and all disputes arising out of or related to it, shall be governed by the laws of the United States and specifically the State of New York, without regard to its conflict of law provisions. You and the OTW agree to submit to the personal and exclusive jurisdiction of the courts located within New York County (Manhattan), New York, and to waive any objection to the laying of venue there.

The OTW's failure to enforce any part of the ToS will not waive the OTW's ability to enforce it, and any waiver with regard to a specific instance shall not constitute a waiver of any other breaches of the ToS, even with regard to the same user.

If any provision of the ToS is found by a court of competent jurisdiction to be invalid, you agree that the court should give effect to the party's intentions as reflected in the provision, and that the other provisions of the ToS remain in full force and effect.

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 Site or the ToS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Site Age Policy

This Age Policy covers the Site's treatment of (a) users who are residents or citizens of the European Union and of the age where consent of a parent or legal guardian is required for the processing of personal data of children including e-mail addresses and IP addresses, as well as certain uses of cookies; and (b) users who are under the age of thirteen (13) and residents or citizens of any other country.

  1. We as an organization have opted to protect teen users’ privacy. As a result, we cannot receive or host Content from individuals that we know are under the age of sixteen and residents/citizens of the European Union, unless they are residents/citizens of the EU countries that allow the collection of Special Categories of Personal Data from those at a younger age and are old enough to consent to the collection of Special Categories of Personal Data in their own country. Therefore, any individual who is between the ages of 13 and 16 and a resident or citizen of a country, including a European Economic Area country, that states an age that is older than theirs is required to consent to the processing of personal data without our obtaining written permission from a parent or legal guardian under the GDPR (“Age-Barred Individual”) may not maintain accounts or submit Content. By creating an account or submitting Content, you thereby confirm that if you are between the ages of 13 and 16, you are of an age old enough to consent to the processing of personal data in your country without our obtaining written permission from a parent or legal guardian under the General Data Protection Regulation (“GDPR”). A list of countries that apply the GDPR can be found here. Each user is responsible for knowing the laws of their own country.
  2. In compliance with United States regulations regarding online privacy for children, the Site does not knowingly solicit or collect information from children under the age of thirteen (13). Children under the age of thirteen (13) are therefore not permitted to have an account or submit Content of any type to the Site. By creating an account or submitting Content to the Site, you thereby confirm that you are thirteen (13) years old or older.

Asking a parent or legal guardian to submit Content does not constitute submitting Content under this policy. If you are under the age of thirteen (13) and not an Age-Barred Individual, your parent or legal guardian may submit content at your request through their account.

Data and Content Processing

Fanlore and the OTW exist to host content about fandoms and canon. In order to host or share Content, we have to process certain data and information including personally identifying information that we collect from users, and that each user inputs. In order to operate the site, host OTW and user Content, and prevent technical issues and breaches, we need to process (e.g. collect, store, retrieve, disseminate, make available, and delete) certain data and information including personally identifying information, also known as “Personal Data”. Personal Data includes your user name, your e-mail address, your IP information and any personally identifying information you enter on the Site, including information that you put into your User Page (defined below), into the body of a page or other Content itself.

Running the Site requires us to make copies and backup copies of information, including Personal Data, on servers that may be located anywhere around the world.

By using the site, you consent to our collection, processing, retention and display of your Content as set forth and explained in these Terms of Use so we can operate, manage, display and share the creativity on Fanlore; if we believe that using, retaining and/or sharing that information is necessary to preserve the integrity of the Site and the Content that we host; for legitimate legal and/or accounting audit purposes; when we have a good faith belief it is required by law, such as pursuant to a subpoena or other legal process; or when we have a good faith belief that doing so will help prevent imminent harm to someone.

Original Content License

Summary

Fanlore's original content is licensed under the Creative Commons Attribution Non-Commercial license. In short, this means that other people may use any original work posted to Fanlore in other contexts, as long as they 1) properly attribute the content to Fanlore and 2) do not use the content for a commercial purpose.

If you contribute to Fanlore, please be aware that your contribution may be edited, altered or removed by other editors as is typical of a wiki project. Your contribution may also be used on other sites, as long as it complies with the terms of the license.

The Legalese

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

1. Definitions

a. "Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose of this License.

b. "Collection" means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts, or other works or subject matter other than works listed in Section 1(f) below, which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection will not be considered an Adaptation (as defined above) for the purposes of this License.

c. "Distribute" means to make available to the public the original and copies of the Work or Adaptation, as appropriate, through sale or other transfer of ownership.

d. "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License.

e. "Original Author" means, in the case of a literary or artistic work, the individual, individuals, entity or entities who created the Work or if no individual or entity can be identified, the publisher; and in addition (i) in the case of a performance the actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore; (ii) in the case of a phonogram the producer being the person or legal entity who first fixes the sounds of a performance or other sounds; and, (iii) in the case of broadcasts, the organization that transmits the broadcast.

f. "Work" means the literary and/or artistic work offered under the terms of this License including without limitation any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a copyrightable work; or a work performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work.

g. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.

h. "Publicly Perform" means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that members of the public may access these Works from a place and at a place individually chosen by them; to perform the Work to the public by any means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.

i. "Reproduce" means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.

2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.

3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:

a. to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections;

b. to create and Reproduce Adaptations provided that any such Adaptation, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked "The original work was translated from English to Spanish," or a modification could indicate "The original work has been modified.";

c. to Distribute and Publicly Perform the Work including as incorporated in Collections; and,

d. to Distribute and Publicly Perform Adaptations.

The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. Subject to Section 8(f), all rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Section 4(d).

4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:

a. You may Distribute or Publicly Perform the Work only under the terms of this License. You must include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collection, but this does not require the Collection apart from the Work itself to be made subject to the terms of this License. If You create a Collection, upon notice from any Licensor You must, to the extent practicable, remove from the Collection any credit as required by Section 4(c), as requested. If You create an Adaptation, upon notice from any Licensor You must, to the extent practicable, remove from the Adaptation any credit as required by Section 4(c), as requested.

b. You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.

c. If You Distribute, or Publicly Perform the Work or any Adaptations or Collections, You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or if the Original Author and/or Licensor designate another party or parties (e.g., a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and, (iv) consistent with Section 3(b), in the case of an Adaptation, a credit identifying the use of the Work in the Adaptation (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). The credit required by this Section 4 (c) may be implemented in any reasonable manner; provided, however, that in the case of a Adaptation or Collection, at a minimum such credit will appear, if a credit for all contributing authors of the Adaptation or Collection appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.

d. For the avoidance of doubt:

i. Non-waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme cannot be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted under this License;

ii. Waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme can be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted under this License if Your exercise of such rights is for a purpose or use which is otherwise than noncommercial as permitted under Section 4(b) and otherwise waives the right to collect royalties through any statutory or compulsory licensing scheme; and,

iii. Voluntary License Schemes. The Licensor reserves the right to collect royalties, whether individually or, in the event that the Licensor is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by You of the rights granted under this License that is for a purpose or use which is otherwise than noncommercial as permitted under Section 4(c).

e. Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted by applicable law, if You Reproduce, Distribute or Publicly Perform the Work either by itself or as part of any Adaptations or Collections, You must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation. Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise of the right granted in Section 3(b) of this License (the right to make Adaptations) would be deemed to be a distortion, mutilation, modification or other derogatory action prejudicial to the Original Author's honor and reputation, the Licensor will waive or not assert, as appropriate, this Section, to the fullest extent permitted by the applicable national law, to enable You to reasonably exercise Your right under Section 3(b) of this License (right to make Adaptations) but not otherwise.

5. Representations, Warranties and Disclaimer

UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Termination

a. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Adaptations or Collections from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.

b. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.

8. Miscellaneous

a. Each time You Distribute or Publicly Perform the Work or a Collection, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.

b. Each time You Distribute or Publicly Perform an Adaptation, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.

c. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

d. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.

e. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.

f. The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.

Other Content

While all original content posted to Fanlore is under the Creative Commons Attribution Non-Commercial license set forth above, from time to time content may be posted that is protected by copyright and either used by permission or under the fair use provisions of copyright law. Such content must be approved by the Fanlore Committee, and the provisions of its use will be set forth on the page it appears.

Privacy Policy

Fanlore is a project of the OTW. For more information about how you can support the OTW, please see the OTW Website. The OTW does not sell the data that you post on, submit to or share on Fanlore or other “OTW Sites” (transformativeworks.org, archiveofourown.org) to third parties, and we do not include or accept paid advertisements from third parties. Each of the OTW Sites has Terms of Service and a Privacy Policy that explains what information we collect, how we use it and who we share it with. Your use of any of the OTW Sites is governed by that site’s Terms and Policy.

This Privacy Policy covers Fanlore. Fanlore is committed to protecting the privacy of our readers and editors. Fanlore has established this Privacy Policy to explain what information we collect through this website and how it is used in the course of ordinary operation and communications.

For purposes of this policy, "Fanlore" includes volunteers of the OTW, including its board members, committee members, and other volunteers. It also includes anyone working on its behalf, such as volunteer consultants. The OTW or users of its services may provide links to or content via sites that are owned or controlled by third parties, and may use such sites, including Twitter and Tumblr, to communicate information about the OTW and its family of sites including Fanlore. The OTW has no control over such sites or their terms of use or privacy policies, and you agree that the OTW is not responsible for and does not endorse their content, terms or availability. If you follow links off the Site, you should review those sites' privacy policies, which may be different, and for which the Site takes no responsibility.

Summary

To participate in editing Fanlore, you must create a user account. Editing activity is publicly and permanently associated with user accounts as described below. If you only read the Fanlore website, we do not collect any more information than is typically collected in server logs by web sites in general. By using Fanlore, you consent to our collecting, processing, and retaining certain information, as described in detail below. We may use the information we collect to maintain the integrity of the site and for statistical and technical purposes, such as site debugging. The policy below describes in detail what information we collect, process, and retain, what we do with such information, and why we do it.

The policy below also describes what information is publicly available on Fanlore. If you contribute to Fanlore, you are publishing every word you post publicly. If you write something, assume that it will be retained forever. This includes articles, User Pages (as defined below) and talk pages. Some limited exceptions are described in this policy.

User accounts

To maintain the integrity of the information on the site, users who wish to participate in editing Fanlore are required to create a user account. Creating an account requires a valid e-mail address and a unique user name. Strong passwords are recommended. Once created, user accounts will not be removed, even if an account is disabled.

Everything that you publish in Fanlore is connected to your user name and account. Other users (both registered and unregistered) can see what you have written and when you have written it.

When you create an account, Fanlore will create a user page associated with your user name (“User Page”). You are not required to place any information in this page. Any information placed in this page will be publicly available.

Information We Collect, Process, and Retain

Fanlore collects processes, and retains all information you post to Fanlore, including information you post in an article, User Page, or talk page. This includes any information you choose to post about your religious views, political views or your sexual identity, or any personally identifying information such as your e-mail address, location, or account user name for other sites.

Fanlore uses cookies. When you log in, Fanlore will set a temporary session cookie whenever you visit the site. More cookies may be set when you log in, to avoid typing in your user name (or optionally password) on your next visit. These last up to 30 days. You may clear these cookies after use if you are using a public machine and don't wish to expose your user name to future users of the machine. (If so, clear the browser cache as well.)

Fanlore collects, stores, and processes personally identifying information you send to its servers, such as your IP address and information about the browser and operating system you are using, and the Internet address of the website from which you linked directly to our site. This may occur when you register for a user account with the Site, visit any of the sites and Services that are part of the OTW family of sites, or use Fanlore. We may use third-party services to store, process, or transmit data, or perform other technical functions related to operating the Service. These services may include spam detectors, backup services, and e-mail services; a list of third-party services is provided in our Subprocessor List. We cannot guarantee other services’ performance. We or the services we use may store or process your personally identifying information in data centers which may be located in the United States or other countries.

If you submit an e-mail address to create or maintain an account, we will use your e-mail address internally for purposes of managing Fanlore and maintaining site integrity. We will not make your e-mail address publicly available. However, by creating and maintaining a user account on and with Fanlore, you consent to receiving e-mails from Fanlore users, who will not be able to see your e-mail address unless you reply. We reserve the right to send you notice of complaints raised against you, or alleged violations by you of the Terms of Service, as well as to reply to any e-mail message you send to the Site and/or its personnel. Except for e-mails sent by administrators in limited circumstances, you may specify when you wish to be contacted by e-mail. For example, you may wish to be notified whenever your "Talk" page is modified, or whenever a page you have on your Watch list is updated.

You consent to our collecting, processing, and retention of the following data for the following reasons:

  1. E-mail Addresses: We collect e-mail addresses of and from those who communicate with us via e-mail and any Content or Personal Data included in e-mails to us. We need this information so we can respond to you, and so we can handle complaints about the Service and any users who may have violated the Terms of Use or other policies, and for other legal and accounting/audit reasons including maintaining the integrity of the Site and the Content that we host;
  2. IP Addresses: we collect and process the IP addresses of Site visitors including registered users. We need this information so we can provide you with the Content that you are requesting, to manage the site, and for other legal and accounting audit reasons including maintaining the integrity of the Site and the Content that we host. Certain IP information may be collected by the server for log purposes and used for limited technical assessments of the Service.
  3. Logs: We collect and process Logs of server interactions, as well as event logs. We need this information for legal and accounting/audit reasons, including maintaining the integrity of the Site and the Content that we host.
  4. Cookies: We use cookies to collect and store visitors' preferences; customize web pages’ based on visitors' browser type or other information that the visitor sends; and record activity at the Site in order to provide better service when visitors return to our site. Cookies must be enabled for the Site to function properly with your computer. The Site has no access to cookies set by other sites.
  5. User-Specific Information: We collect information about what pages users access or visit, edit and comment on, as well as referral information (i.e. data about what site you are coming to the Site from) and whether there are errors in displaying Content to you. We need this information to maintain the integrity of the site, the Service and the Content that we host; to provide you with the Content that you are seeking; to minimize spam; and for other legal and accounting/audit reasons.

You consent to the following:

  1. You consent to our collection, processing, retention and display of your Content, including Personal Data you provide, when you create or edit a page. We need such consent because your purpose in and reason for uploading Content to the Site is for that Content to be visible to users and the general public.
  2. You consent to our collection, processing, retention and display of personal information and Content you submit for inclusion on your User Page. We need such consent because your purpose in and reason for including information in your User Page is for that Content to be visible to the general public.
  3. You consent to our collection, processing, retention and display of content you edit, move, delete, or create, as well as collection, processing, and retention of your personal information such as IP address when you take such actions. We need such consent to maintain the integrity of Fanlore.
  4. When you are logged in, you consent to our collection, processing, retention, display and use of your user name as well as our association of it with edits that you submit or pages you create.. We need such consent because your purpose in and reason for submitting such content is for that Content to be visible to the general public.
  5. Whether you are logged in or not, you consent to our collection, processing, retention and use of your IP address for a limited time. We record which pages are accessed, along with the requester’s IP address, and store this information for a limited time. We need this consent to conduct internal management of the Site for Site management, auditing and integrity purposes.
  6. You consent to our use of cookies. Upon logging in, Fanlore will set a temporary session cookie whenever you visit the site. More cookies may be set when you log in, to avoid typing in your user name (or optionally password) on your next visit. These last up to 30 days. You may clear these cookies after use if you are using a public machine and don't wish to expose your user name to future users of the machine. (If so, clear the browser cache as well.)
  7. You consent to our use of server access log information including your IP address, browser software, and operating system, and the Internet address of the website from which you linked directly to our site, to get an overall picture of what pages are popular, what other sites link to this one, and what web browsers people are using. Fanlore does not use this information to keep track of legitimate users and does not make the information public, except in a manner that does not identify individual users (e.g., noting how many users visited during a specified period). We may also use site logs for technical purposes (e.g., debugging, evaluating our service provider) which do not identify individual users. Fanlore may also use access log information to track instances of abuse, including spamming, attacks on the site, the use of multiple accounts, or other violations of site policy.
  8. If you complain about a violation of someone's intellectual property rights, you consent to our disclosing information about the complaint or information provided by the rightsholder or the rightsholder's representative to the subject of the complaint.

If you are a resident or citizen of the European Community, you can request that Fanlore assemble the data about you that it has stored, and provide a copy in electronic format to you; we agree to provide such data to you within a reasonable time. If you request the deletion of such data and Content, Fanlore reserves the right to retain data and Content necessary for law enforcement, audit, accounting and compliance purposes, and to maintain the integrity of the Site and the OTW.

Public Availability of Certain Information

By using Fanlore, you consent to the following:

Any information you post to Fanlore, including information you post in an article, User Page, or talk page, will be publicly available. You are not required to include any particular information in your User Page other than your user name. Any information you do include in such places--including your User Page--about your religious views, political views or your sexual identity, or about any personally identifying information such as your e-mail address, location, or account user name for other sites will be accessible by the general public.

You should assume that any information you post on Fanlore will be retained forever. Fanlore is a wiki. Therefore, removing text from Fanlore does not permanently delete it or make it unavailable to the public. Under normal circumstances, anyone can look at a previous version of a Fanlore page and see what was there. For information to become unavailable to the public, it must be hidden from Site history by Site administrators. Fanlore does not promise to hide or delete information from its servers except in special circumstances, such as in Identity Protection cases. If you wish to request that information be hidden or deleted permanently from Fanlore servers, you may contact the Fanlore Committee. However, to maintain Site integrity and ensure that information is not re-posted, we may need to retain information relating to identity protection in such a way that it remains accessible by site administrators and designated Fanlore Committee members.

What We Will Not Do

The OTW will not provide any third party with any of your personal information or any of the information we collect, except information you make public, or as otherwise provided under the Terms of Service and Privacy Policy above. We will not use your personally identifying information to market third party products and services to you via the Site. We will not sell, trade, or rent your personally identifying information.

Except as provided under these Terms of Service and Privacy Policy, we will not disclose your personally identifying information that you do not make public to any third party without your prior consent unless we (1) are legally compelled to do so, (2) have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or legal process served on the OTW, or (3) are cooperating with law enforcement authorities. As to (3), we will cooperate with all investigations conducted by law enforcement authorities within the United States of America when legally required to do so. Cooperation with law enforcement authorities from other countries and cooperation when it is not legally required are at our sole discretion. Our discretion looks favorably on freedom and justice, and unfavorably on oppression and violence. Unless legally prohibited, we will attempt to notify you any time we disclose your personally identifying information to a third party. In some cases, the information we have may be insufficient for us to notify you.