Personas/TOS

Personas Terms of Service

Dated: 19 November 2009

If you upload a "persona" design or multiple personas for the Firefox(R) web browser (each a "Persona Design") in connection with any "persona" distribution services or features (the "Personas Services") provided by Mozilla Corporation and its contributors, licensors, and distributors (collectively, "Mozilla"), you and your Personas Designs are subject to the following terms, as well as Mozilla's Privacy Policy, web site notices, and other policies, guidelines or requirements that may be posted on Mozilla's websites or in connection with Personas Services (the "Terms"). By submitting your Personas Design(s), you agree to these Terms. If you are an individual acting as a representative of a corporation or other legal entity that wishes to use any Personas Services, you represent and agree that you accept the Terms on behalf of such entity. If you have any questions about these terms or the Personas Services, please email: personas@mozilla.com

1. Responsibility for Personas Design. You represent and warrant that the descriptions and other data that you provide about you and your Personas Design are true to the best of your knowledge and you have all the legal rights needed to post and transmit your Personas Design(s) over the web as well as the rights to authorize your Personas Design's further use and transmission by others (such as Mozilla). By this representation, you mean that:
   1. You are the owner of the copyright and all other rights in the artwork and designs contained in your Personas Design(s); or you have a worldwide license to all copyright rights needed to reproduce, transmit, and authorize the reproduction and transmission of the artwork, designs, and applicable rights contained in you Personas Design(s); or you have a right worldwide to all of the foregoing under a legal doctrine, such as fair use; AND
   2. To the extent the Personas Design(s) contains any commercial identifiers such as a trademark, service mark, or trade dress, you have worldwide rights to use and to authorize the use of the artwork, designs, emblems, names, and other elements under the law (such as under fair use principles); AND
   3. To the extent the Personas Design(s) contains any name, likeness, signature, address, telephone number, contact or location information, voice, or image of a person, you are that person or have full rights to the use of, and the authorization of further uses of, the name, likeness, signature, address, telephone number, contact or location information, voice, or image of that person in the Personas Design(s); AND
   4. Your Personas Design(s) does not violate any other applicable law or regulation nor violate any other rights of any third party.
2. Licenses. In order to provide the Personas Services, you grant to Mozilla and its Affiliates a non-exclusive, worldwide, royalty-free, sublicenseable license to distribute, transmit, reproduce, publish, publicly and privately perform and display and otherwise use your Personas Design solely in connection with Mozilla's provision of the Personas Services. Mozilla may also bundle and/or package your Personas Design with other extensions and add-ons for delivery to users, maintain and/or update your Personas Design to provide compatibility with new versions of Firefox, and include your name, logo, and/or design title in menus and other categorizations relating to the selection of Personas Design.
3. Management of Personas Services. Mozilla may manage the Personas Services in its sole discretion in a manner designed to facilitate the integrity and proper functioning of the Personas Services without limitation or liability. The following is a list of exemplary activities that Mozilla in its sole discretion may undertake as part of its management of the AMO Services: (i) monitor, test and review Personas Designs; (ii) reject, remove, or disable Personas Designs at any time for any reason without explanation or advance notice; (iii) change Personas Designs' listing or description; (iv) use, modify or remove authentication requirements for access to any Personas Services; and (v) collect statistics and other data regarding your Personas Designs, which may be made publicly available.
4. Ownership, Reservation of Rights. You are welcome to use the Personas Services subject to these Terms, and Mozilla grants you the right to do so. Mozilla and its licensors reserve all other rights in the Personas Services. Further, nothing in the Terms shall be deemed to grant you any right to use the trademarks, trade names, service marks, or trade dress of Mozilla or its licensors and Mozilla hereby reserves all right, title and interest therein. For information on our trademarks, please see our Trademark and Logo Usage Policies.
5. The Personas Services are provided "as-is." Mozilla disclaims all warranties, whether express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so this disclaimer may not apply to you.
6. Except as required by law, Mozilla will not be liable for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in any way relating to the use of Personas Services. The aggregate liability of Mozilla under these Terms will not exceed US$500 (five hundred U.S. dollars). Some jurisdictions do not allow the exclusion or limitation of certain damages, so this exclusion and limitation may not apply to you.
7. Changes to the Terms. Mozilla may update these Terms as necessary from time to time. Any and all changes will be reflected on this page. When Mozilla changes these Terms in a material way, a notice will be posted on the www.getpersonas.com Web site. These Terms may not be modified or cancelled without Mozilla's written agreement.
8. Eligibility. You represent that you are of legal age to form a binding contract and that you not are a person barred from receiving or using the Personas Services under the laws of any country, including the country in which you are resident or from which you use the Personas Services.
9. Miscellaneous. These Terms are governed by the laws of the state of California, U.S.A., excluding its conflicts of laws provisions. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect. In the event of a conflict between a translated version of these Terms and the English language version, the English language version shall control. Mozilla's subsidiaries and affiliates shall be third party beneficiaries of these Terms, entitled to enforce and rely upon these provisions.
10. Termination. You may terminate your use of the Personas Services at any time. Mozilla may modify or discontinue the Personas Services at its discretion.
11. Language. In the event you are reviewing this agreement in a language other than English, you agree that the English language version at www.getpersonas.com controls and governs your submission of Personas Design(s).