- render 'tos_sidebar'

.tos
  %a{name: '#'}
  %h1 Terms of Service

  %p
    By using the ABF web site ("Service"), or any services of ROSA CJSC ("ROSA"),
    you are agreeing to be bound by the following terms and conditions ("Terms
    of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY
    OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH
    ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR
    ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR"
    SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF
    YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND
    CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

  %p
    ROSA reserves the right to update and change the Terms of Service from time
    to time without notice. Any new features that augment or enhance the current
    Service, including the release of new tools and resources, shall be subject
    to the Terms of Service. Continued use of the Service after any such changes
    shall constitute your consent to such changes. You can review the most current
    version of the Terms of Service at any time at: #{ link_to tos_url }

  %p
    Violation of any of the terms below will result in the termination of your
    Account. While ROSA prohibits such conduct and Content on the Service, you
    understand and agree that ROSA cannot be responsible for the Content posted
    on the Service and you nonetheless may be exposed to such materials. You agree
    to use the Service at your own risk.

  %a{name: 'Account_Terms'}
  %h2 I. Account Terms

  %ol
    %li
      You must be 13 years or older to use this Service.
    %li
      You must be a human. Accounts registered by “bots” or other automated
      methods are not permitted.
    %li
      To register in ABF, you should provide your legal full name and a valid email address.
      It is also possible to register using Google, Facebook or Github account.
    %li
      You are responsible for maintaining the security of your account and password.
      ROSA cannot and will not be liable for any loss or damage from your
      failure to comply with this security obligation.
    %li
      You are responsible for all Content posted and activity that occurs under your
      account (even when Content is posted by others who have accounts under
      your account).
    %li
      One person or legal entity may not maintain more than one free account.
    %li
      You may not use the Service for any illegal or unauthorized purpose. You must
      not, in the use of the Service, violate any laws in your jurisdiction
      (includingbut not limited to copyright or trademark laws).

  %a{name: 'Cancellation_and_Termination'}
  %h2 II. Cancellation and Termination

  %ol
    %li
      To cancel your account, we need an email request sent from the same address as
      the one you are registered with. An email request to cancel your account is necessary.
    %li
      All the content from your personal platform repositories will be immediately deleted
      from the Service upon cancellation. This information cannot be recovered once your
      account is canceled. Any content committed by you to repositories of other platforms
      will remain in place until owners of that platforms cancel their accounts.
    %li
      ROSA has the right to suspend or terminate your account and refuse any and all current
      or future use of the Service, or any other ROSA service, for one of the following reasons:
      %ul
        %li
          your bandwidth or server CPU usage significantly exceeds the average bandwidth or
          server CPU usage (as determined ABF administrators) of other ROSA customers.
        %li
          content uploaded by you to ROSA servers violates the laws of one of the countries where
          the storage servers reside. Currently these countries include Russian Federation,
          Switzerland and Germany. This list can be extended or changed in future;
          if this is the case, we will notify ABF users in our blog in advance.
        %li
          you violate one of the statements from this Terms of Service.
      If any of these events happens, ROSA representatives will temporary block your account,
      remove forbidden content and contact you to discuss possible ways to resolve the problematic
      situation. Once the solution is found, your account will be unblocked.

  %a{name: 'Service_Modifications'}
  %h2 III. Modifications to the Service and Conditions

  %ol
    %li
      ROSA reserves the right at any time and from time to time to modify or discontinue,
      temporarily or permanently, the Service (or any part thereof) with or without notice.
    %li
      Conditions of all Services are subject to change upon 30 days notice from us.
      Such notice may be provided at any time by posting the changes to the Service Site
      (#{ link_to root_url[0..-2], root_url })
    %li
      ROSA shall not be liable to you or to any third party for any modification, suspension
      or discontinuance of the Service.

  %a{name: 'Copyright_and_Ownership'}
  %h2 IV. Copyright and Content Ownership

  %ol
    %li
      We claim no intellectual property rights over the material you provide to the
      Service. Your profile and materials uploaded remain yours. However, by setting
      your pages to be viewed publicly, you agree to allow others to view your Content.
      By setting your repositories to be viewed publicly, you agree to allow others
      to view and fork your repositories.
    %li
      ROSA does not pre-screen Content, but ROSA and its designee have the right
      (but not the obligation) in their sole discretion to refuse or remove any
      Content that is available via the Service.
    %li
      You shall defend ROSA against any claim, demand, suit or proceeding made or
      brought against ROSA by a third party alleging that Your Content,
      or Your use of the Service in violation of this Agreement, infringes or
      misappropriates the intellectual property rights of a third party or violates
      applicable law, and shall indemnify ROSA for any damages finally awarded against,
      and for reasonable attorney’s fees incurred by, ROSA in connection with any such
      claim, demand, suit or proceeding; provided, that ROSA (a) promptly gives You
      written notice of the claim, demand, suit or proceeding; (b) gives You sole
      control of the defense and settlement of the claim, demand, suit or proceeding
      (provided that You may not settle any claim, demand, suit or proceeding unless
      the settlement unconditionally releases ROSA of all liability); and (c) provides
      to You all reasonable assistance, at Your expense.
    %li
      The look and feel of the Service is copyright ©
      = Date.today.year
      ROSA CJSC. All rights reserved.
      You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or
      visual design elements or concepts without express written permission from ROSA.

  %a{name: 'General_Conditions'}
  %h2 V. General Conditions

  %ol
    %li
      Your use of the Service is at your sole risk. The service is provided on an “as is”
      and “as available” basis.
    %li
      Technical support is only garanteed for paying account holders and is only available
      via email. Support is available in English and Russian.
    %li
      You understand that ROSA uses third party vendors and hosting partners to provide
      the necessary hardware, software, networking, storage, and related technology
      required to run the Service.
    %li
      We may, but have no obligation to, remove Content and Accounts containing Content
      that we determine in our sole discretion are unlawful, offensive, threatening,
      libelous, defamatory, pornographic, obscene or otherwise objectionable or violates
      any party’s intellectual property or these Terms of Service.
    %li
      Verbal, physical, written or other abuse (including threats of abuse or retribution)
      of any ROSA customer, employee, member, or officer will result in immediate account
      termination.
    %li
      You understand that the technical processing and transmission of the Service,
      including your Content, may be transfered unencrypted and involve (a) transmissions
      over various networks; and (b) changes to conform and adapt to technical requirements
      of connecting networks or devices.
    %li
      You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
    %li
      You must not transmit any worms or viruses or any code of a destructive nature.
    %li
      ROSA does not warrant that (i) the service will meet your specific requirements,
      (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the
      results that may be obtained from the use of the service will be accurate or
      reliable, (iv) the quality of any products, services, information, or other material
      purchased or obtained by you through the service will meet your expectations, and
      (v) any errors in the Service will be corrected.
    %li
      You expressly understand and agree that ROSA shall not be liable for any direct,
      indirect, incidental, special, consequential or exemplary damages, including but
      not limited to, damages for loss of profits, goodwill, use, data or other
      intangible losses (even if ROSA has been advised of the possibility of such damages),
      resulting from: (i) the use or the inability to use the service; (ii) the cost of
      procurement of substitute goods and services resulting from any goods, data,
      information or services purchased or obtained or messages received or transactions
      entered into through or from the service; (iii) unauthorized access to or alteration
      of your transmissions or data; (iv) statements or conduct of any third party on the
      service; (v) or any other matter relating to the service.
    %li
      The failure of ROSA to exercise or enforce any right or provision of the Terms of
      Service shall not constitute a waiver of such right or provision. The Terms of
      Service constitutes the entire agreement between you and ROSA and govern your use of
      the Service, superseding any prior agreements between you and ROSA (including, but
      not limited to, any prior versions of the Terms of Service). You agree that these
      Terms of Service and Your use of the Service are governed under European law.

  %p
    Questions about the Terms of Service should be sent to #{ mail_to 'abf@rosalinux.ru' }