Terms of Service

[GetPublii]

Forum Terms of Service

Hello!
Through the forum associated with the Publii app, you can freely engage in discussions related to this application.

The forum operates within the GitHub service and is additionally managed by the following entity: TIDYCUSTOMS Boguslaw Mitro, Ludowa Street 22, 33-380 Krynica-Zdrój, Poland, VAT ID: 7342553332.

Below you will find the terms of service, which include information about rules for using the forum, unacceptable content, mechanisms for reporting violations, etc.

Remember, you can contact us at any time by sending an email to contact@getpublii.com

Best regards,
The Publii Team

§ 1. Definitions

For the purposes of these terms of service, the following definitions apply:

1. Administrator – TIDYCUSTOMS Boguslaw Mitro, Ludowa Street 22, 33-380 Krynica Zdrój, VAT ID: 7342553332, email: contact@getpublii.com.
2. Forum – an internet forum available at https://github.com/GetPublii/Publii/discussions;
3. Terms of Service – these terms of service available at https://getpublii.com/terms-and-conditions;
4. User Content — posts published by the User on the Forum;
5. User – a physical person using the Forum.

§ 2. Basic Principles of the Forum's Operation

1. The Forum operates within the GitHub service belonging to the US-based company GitHub, Inc., with the registered address of: 88 Colin P Kelly Jr. Street, San Francisco, California, 94107.
2. Use of the Forum requires the creation of a user account in the GitHub service.
3. GitHub, Inc. is an entity independent of the Administrator, providing electronic services to the User based on a contract concluded directly between the User and GitHub, Inc.
4. The Administrator manages the Forum within the technical capabilities provided by GitHub, Inc., including content moderation published on the Forum.
5. The administrator has designated a point of contact for Authorities of EU Member States, the commissions thereof, and the Council for Digital Services: contact@getpublii.com. This selfsame contact may also be used by the User for direct communication with the Administrator; such communications may be conducted in both the Polish or English languages.

§ 3. Rules Regarding User Content

1. If the User intends to publish any User Content on the Forum, they are obliged to compose the content in accordance with the rules of the Polish or English languages, as far as their ability is said languages permits, in a balanced and substantive manner.

2. The User must not post User Content that constitutes illegal content as defined in the Digital Services Act (DSA) or is otherwise inconsistent with the Terms of Service or standards of good conduct. As such, User Content may not include content which:

   1. is inconsistent with the Forum's theme,
   2. duplicates content that has appeared earlier on the Forum; before posting new content, the User is obliged to ensure that similar content has not been posted before,
   3. contains links or other spam,
   4. serves to conduct competitive activities against the Administrator, e.g., promoting competing websites,
   5. serves as prohibited advertising, promotional, or marketing activities, in particular by posting advertisements, or selling and promoting products, services, projects, and fundraisers,
   6. serves to conduct activities prohibited by law, e.g., attempts at fraud and financial extortion from other Users,
   7. incites violence against any living beings, including animals, or praises such violence,
   8. propagates any fascist or other totalitarian state regime,
   9. incites hatred based on gender, sexual, national, ethnic, racial, religious beliefs or lack thereof, or praises such hatred,
   10. insults a group of people or individuals due to their gender, sexual, national, ethnic, racial, religious affiliation or lack thereof,
   11. contains chauvinistic, misandric or misogynistic content, or other forms of gender discrimination,
   12. defames or insults any third party,
   13. violates the personal rights of any third party,
   14. violates the copyright of any third party,
   15. contains vulgarities or other offensive content,
   16. incites dangerous behaviors or praises such behaviors,
   17. offends religious sensibilities,
   18. may cause discomfort to other Users, particularly through a lack of empathy or respect for other Users,
   19. violates the applicable legal order or standards of good conduct in any other way not specified in points 1 – 18.

3. If the Administrator receives credible information about the possibility of a User committing a crime or misdemeanor in connection with their activity on the Forum, the Administrator is authorized and obliged to notify the relevant services or public authorities, and also to provide them with the User's data. The same applies if civil services or authorities request that the Administrator provide the User's data, in particular for civil or criminal proceedings.

§ 4. User Content Moderation

1. The Administrator may at any time verify User Content posted by Users. The Administrator conducts verification in a non-arbitrary, objective manner, and with due diligence. Concurrently, the Administrator reserves the right to eschew any prior obligation to control User Content posted by Users, especially through preventative control (e.g., pre-approval of User Content added by Users) or in any other form of checking User Content.
2. In the event of detection of User Content that is not in compliance with the Terms of Service, User Content may be blocked and become invisible to other Forum Users or removed from the Forum entirely.
3. In cases where User Content is blocked or removed due to non-compliance with the Terms of Service, the Administrator will immediately notify the User who posted the aforementioned User Content, providing a justification for the decision, provided that the Administrator has the means to contact such a User.
4. If User Content is blocked or removed due to non-compliance with the Terms of Service, the User who posted such User Content may appeal on the terms described in § 6 of the Terms of Service.
5. The Administrator will ensure that appeals concerning User Content will not be processed automatically — the Administrator's staff will be responsible for verifying the validity of any action taken regarding the blocking or removal of User Content.
6. If a User uses the Forum inconsistently with the Terms of Service by posting any User Content that violates the Terms, the Administrator may block the ability to publish User Content on the Forum. The User subject to such a block may appeal on the terms described in § 6 of the Terms of Service.

§ 5. Reporting Violations

1. If User Content posted by a User on the Forum may violate the Terms of Service, another User or a third party may report such User Content for verification by the Administrator. Such reports should be made via email to contact@getpublii.com.

2. The report mentioned in clause 1 must contain all elements required under the Digital Services Act (DSA), such as:

   1. A sufficiently justified explanation why the concerned User Content is alleged to breach the Terms of Service;
   2. Clear indication of the exact electronic location of the information, such as the exact URL or URLs and, where appropriate, additional information enabling the identification of the User Content, according to the type of User Content and specific type of hosting service;
   3. The name and email address of the person or entity making the report, except for reports concerning information considered to be related to one of the crimes mentioned in Articles 3–7 of Directive 2011/93/EU;
   4. A statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are correct and complete.

3. Upon receiving the report mentioned in clause 1, the Administrator will immediately confirm receipt of the report to the reporter electronically via the provided email address. If the report is incomplete or contains other errors, the Administrator may ask the reporter to supplement or correct the report. If the reporter does not supplement or correct the report within 14 days of being requested by the Administrator, the report will be dismissed without consideration.

4. Verification of User Content by the Administrator will take place no later than 14 days from the receipt of a complete and correct report. The Administrator carries out the verification in a non-arbitrary, objective manner, and with due diligence. The Administrator may request additional information or documents from the reporter for the verification of User Content, e.g., confirming the ownership of rights potentially infringed by the verified User Content.

5. During the verification, the Administrator is authorized to block User Content in such a way that they become invisible to other Users.

6. After verification, the Administrator may permanently block or remove User Content as violating the Terms of Service or determine that the User Content does not violate the Terms of Service. If the User Content was previously blocked and verification shows that it does not violate the Terms of Service, the Administrator will immediately restore the User Content and inform the reporter, providing a justification for the decision.

7. In cases where User Content is blocked or removed, the Administrator will immediately inform both the reporter and the User who posted said User Content, justifying the decision, provided that the Administrator can contact both the reporter and the User.

8. In cases where User Content is blocked or removed due to non-compliance with the Terms of Service, or the report is rejected as per the preceding paragraphs, the User who posted the User Content or the reporter of said content may appeal on the terms described in § 6 of the Terms of Service.

9. The Administrator will ensure that all appeals concerning User Content will not be processed automatically — the staff of the Administrator will be responsible for verifying the validity of blocking or removing User Content.

§ 6. Appeals

1. In cases where:

   1. The Administrator did not block or remove User Content despite a report from another User or a third party;
   2. User Content was blocked or removed in violation of the provisions of the Terms of Service;
   3. The Administrator blocked the User's ability to publish User Content on the Forum;

The User who published the User Content or the person who reported the User Content for non-compliance may appeal.

2. Each decision of the Administrator related to User Content must include a justification that enables an appeal — except in situations where the Administrator receives an order related to the User Content from the relevant civil service or authority. The justification must meet the requirements set out in the Digital Services Act (DSA) and include information such as:

   1. Indication of whether the decision involves the removal of User Content, thereby preventing access to it, de-positioning, or limiting the visibility of User Content, or suspending or terminating monetary payments related to such User Content, or imposing other measures mentioned in the Terms of Service concerning those User Content, and, where appropriate, the territorial scope of the decision and its duration;
   2. Facts and circumstances that led to the decision including, where appropriate, information on whether the decision was based on a report made by another User or a third party, or on voluntary evaluation procedures conducted at the initiative of the Administrator, and, where absolutely necessary, the identity of the reporter;
   3. Where appropriate, information about the use of automated means in making the decision, including information on whether the decision was made based on Terms of Service violations that were detected or identified using automated means;
   4. If the decision concerns potentially-prohibited User Content, indication of the legal particulars or contractual stipulations on which the decision is based, and explanations regarding the reasons why, on that basis, the User Content is considered prohibited;
   5. Clear and user-friendly information about the appeal options available to the User or the reporter.

3. An appeal may be submitted by sending it to contact@getpublii.com.

4. The appeal should include:

   1. The identifying and contact details of the appellant,
   2. A detailed justification of why, in the opinion of the appellant, the Administrator's decision was incorrect and should be changed.

5. Upon receiving the appeal, the Administrator will immediately confirm its receipt electronically, to the provided email address.

6. Appeals will be considered within 14 days of the date of submission.

§ 7. Changes to the Terms of Service

1. The Administrator reserves the right to make changes to the Terms of Service when necessary, such as in response to changes in legal regulations, technological changes, or business changes.
2. The User will be informed about the changes to the Terms of Service via the publishing of the relevant information on the forum by the Administrator.
3. The Terms of Service in their current form are effective from February 05, 2024.