From a3d7fa75c0f4954ff6d6b4b87104aeda0711a091 Mon Sep 17 00:00:00 2001 From: mattbk Date: Tue, 30 Aug 2016 17:11:10 -0500 Subject: [PATCH 01/41] Edit TOS to decouple payins and payouts > I've started a [private ticket](https://github.com/gratipay/legal-tor-ekeland/issues/31) with our [lawyer](https://github.com/copiesofcopies) about revising our Terms of Service to relax our open work requirement. In the interest of time/money, I think the way to proceed is **take a stab at revising them ourselves**, and then bring our revision to him for review. Stub out a PR for changes. --- www/about/policies/terms-of-service.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index 38815245b8..ce39139ebd 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -38,7 +38,7 @@ these Terms. 1. The Gratipay Model and General Rules 1. The Service is a platform to enable Teams of Gratipay Participants to - receive payments to fund Open Work. Open Work means that the Team provides + receive payments to fund **Open Work**. Open Work means that the Team provides a clear path for any individual to voluntarily begin contributing to the Team's work and to share in any revenue the Team generates. Some examples of Teams performing Open Work include an open source software project that pays From c058360d0d164fcaf883167788ab517352515640 Mon Sep 17 00:00:00 2001 From: mattbk Date: Wed, 31 Aug 2016 10:22:37 -0500 Subject: [PATCH 02/41] Change "payroll" to TWYW, highlight "open work" phrases. --- www/about/policies/terms-of-service.md | 36 +++++++++++++------------- 1 file changed, 18 insertions(+), 18 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index ce39139ebd..f6149632de 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -38,60 +38,60 @@ these Terms. 1. The Gratipay Model and General Rules 1. The Service is a platform to enable Teams of Gratipay Participants to - receive payments to fund **Open Work**. Open Work means that the Team provides + receive payments to fund **Open Work. Open Work means that the Team provides a clear path for any individual to voluntarily begin contributing to the Team's work and to share in any revenue the Team generates. Some examples of Teams performing Open Work include an open source software project that pays contributors, or a hackerspace that pays individuals to teach classes or manage -its operations. +its operations.** 1. The Participant who establishes a Team is its Owner. Teams may optionally have other Members. - 1. When you establish a Team on the Service to fund your Open Work, you agree - that payments will be used exclusively to support the Open Work described + 1. When you establish a Team on the Service to fund your **Open Work**, you agree + that payments will be used exclusively to support the **Open Work** described in your Team's profile. - 1. When you make a payment to a Team, it is a payment to fund the Open Work + 1. When you make a payment to a Team, it is a payment to fund the **Open Work** the Team provides. You understand and acknowledge that your payment does not entitle you personally to receive any goods or services from the Team, unless the Team explicitly offers those things to Participants. 1. By accepting a payment from a Participant, a Team forms an agreement with - that Participant to perform the Open Work described in its profile. The + that Participant to perform the **Open Work described in its profile.** The Service is a platform to facilitate this agreement. Gratipay is not a party to the agreement, and is not responsible to either the Team or the Participant if either party breaches the terms of the agreement (e.g. if the Team fails to provide the promised services). 1. Gratipay is not obligated to provide refunds under any circumstance. Teams - are responsible for producing the Open Work they offer. Gratipay does not + are responsible for producing the **Open Work** they offer. Gratipay does not hold funds on behalf of Teams, and does not warrant or guarantee that Teams -will provide the Open Work they promise. +will provide the **Open Work** they promise. -1. Payroll Rules +1. Take-What-You-Want Payout Rules - 1. Teams can use the Service's Payroll feature to automatically divide + 1. Teams can use the Service's Take-What-You-Want Payouts feature to automatically divide incoming payments among Team Members, according to the allocation set by the Owner and/or Members. - 1. Gratipay does not determine how a Team's Payroll is allocated and is not + 1. Gratipay does not determine how a Team's Take-What-You-Want Payouts are allocated and is not responsible for how Teams internally distribute payments. The agreement -between Team Members and Owners regarding the allocation of payments is solely +between Team Members and Owners regarding the allocation of payouts is solely between those parties. 1. Rules for Gratipay Teams - 1. Teams may accept payments on the Service only for Open Work, meaning that + 1. Teams may accept payments on the Service only for **Open Work, meaning that they provide a clear path for any individual to voluntarily begin contributing to the Team's work, and to share in any revenue the Team -generates. +generates.** 1. A Team can only begin receiving payments from Participants once it has provided a working withdrawal mechanism for receiving payments (e.g. bank account information). - 1. Teams and their Open Work must be consistent with Gratipay's [Brand + 1. Teams and their **Open Work** must be consistent with Gratipay's [Brand Guidelines](http://inside.gratipay.com/big-picture/brand/) and Acceptable Use Policy. @@ -109,7 +109,7 @@ take any other action regarding a Team belong solely to Gratipay. 1. Gratipay does not take any fee from payments made by Participants to Teams. Gratipay and the Service are funded through the Service itself, by voluntary contributions from Gratipay Participants and Teams who wish to fund -our own Open Work. To contribute to Gratipay, please [visit Gratipay's Team +our own **Open Work**. To contribute to Gratipay, please [visit Gratipay's Team page](/Gratipay/). 1. You are responsible for paying any third-party fees associated with your @@ -118,8 +118,8 @@ page](/Gratipay/). 1. You are responsible for paying any taxes and withholdings associated with your use of the Service. Team Owners, and not Gratipay, are responsible for compliance with all laws, as well as any taxes and withholding -requirements, applicable to payments made to Team Members (whether through the -Payroll feature or otherwise), including without limitation payroll tax, +requirements, applicable to payouts made to Team Members (whether through the +Take-What-You-Want Payout feature or otherwise), including without limitation **payroll** tax, unemployment insurance, and worker compensation insurance payments. Team Owners are also responsible for providing any required tax and other documentation to employees, independent contractors, tax authorities, or any other person. From b72e007cd8e590d087c699c2e10a13b526e6739f Mon Sep 17 00:00:00 2001 From: mattbk Date: Wed, 31 Aug 2016 15:45:53 -0500 Subject: [PATCH 03/41] Change most instances of "open work" to "work" These changes place the burden on the two definitions of "open work" that remain in the document. --- www/about/policies/terms-of-service.md | 17 ++++++++--------- 1 file changed, 8 insertions(+), 9 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index f6149632de..be0736b62c 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -48,26 +48,25 @@ its operations.** 1. The Participant who establishes a Team is its Owner. Teams may optionally have other Members. - 1. When you establish a Team on the Service to fund your **Open Work**, you agree - that payments will be used exclusively to support the **Open Work** described -in your Team's profile. + 1. When you establish a Team on the Service, you agree that payments will be + used exclusively to support the work described in your Team's profile. - 1. When you make a payment to a Team, it is a payment to fund the **Open Work** + 1. When you make a payment to a Team, it is a payment to fund the work the Team provides. You understand and acknowledge that your payment does not entitle you personally to receive any goods or services from the Team, unless the Team explicitly offers those things to Participants. 1. By accepting a payment from a Participant, a Team forms an agreement with - that Participant to perform the **Open Work described in its profile.** The + that Participant to perform the work described in its profile. The Service is a platform to facilitate this agreement. Gratipay is not a party to the agreement, and is not responsible to either the Team or the Participant if either party breaches the terms of the agreement (e.g. if the Team fails to provide the promised services). 1. Gratipay is not obligated to provide refunds under any circumstance. Teams - are responsible for producing the **Open Work** they offer. Gratipay does not + are responsible for producing the work they offer. Gratipay does not hold funds on behalf of Teams, and does not warrant or guarantee that Teams -will provide the **Open Work** they promise. +will provide the work they promise. 1. Take-What-You-Want Payout Rules @@ -91,7 +90,7 @@ generates.** provided a working withdrawal mechanism for receiving payments (e.g. bank account information). - 1. Teams and their **Open Work** must be consistent with Gratipay's [Brand + 1. Teams and their work must be consistent with Gratipay's [Brand Guidelines](http://inside.gratipay.com/big-picture/brand/) and Acceptable Use Policy. @@ -119,7 +118,7 @@ page](/Gratipay/). your use of the Service. Team Owners, and not Gratipay, are responsible for compliance with all laws, as well as any taxes and withholding requirements, applicable to payouts made to Team Members (whether through the -Take-What-You-Want Payout feature or otherwise), including without limitation **payroll** tax, +Take-What-You-Want Payout feature or otherwise), including without limitation payroll tax, unemployment insurance, and worker compensation insurance payments. Team Owners are also responsible for providing any required tax and other documentation to employees, independent contractors, tax authorities, or any other person. From 39f2449b2872742ce30fec98a1119bbe3945c71b Mon Sep 17 00:00:00 2001 From: mattbk Date: Wed, 31 Aug 2016 21:16:30 -0500 Subject: [PATCH 04/41] "Open Work" to "work" in all cases except reference to Gratipay. --- www/about/policies/terms-of-service.md | 14 +++----------- 1 file changed, 3 insertions(+), 11 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index be0736b62c..c76c45ac0c 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -38,12 +38,7 @@ these Terms. 1. The Gratipay Model and General Rules 1. The Service is a platform to enable Teams of Gratipay Participants to - receive payments to fund **Open Work. Open Work means that the Team provides -a clear path for any individual to voluntarily begin contributing to the Team's -work and to share in any revenue the Team generates. Some examples of Teams -performing Open Work include an open source software project that pays -contributors, or a hackerspace that pays individuals to teach classes or manage -its operations.** + receive payments to fund development of a product or service ("work"). 1. The Participant who establishes a Team is its Owner. Teams may optionally have other Members. @@ -81,10 +76,7 @@ between those parties. 1. Rules for Gratipay Teams - 1. Teams may accept payments on the Service only for **Open Work, meaning that - they provide a clear path for any individual to voluntarily begin -contributing to the Team's work, and to share in any revenue the Team -generates.** + 1. Teams may accept payments on the Service only for a defined product or service ("work"). 1. A Team can only begin receiving payments from Participants once it has provided a working withdrawal mechanism for receiving payments (e.g. bank @@ -108,7 +100,7 @@ take any other action regarding a Team belong solely to Gratipay. 1. Gratipay does not take any fee from payments made by Participants to Teams. Gratipay and the Service are funded through the Service itself, by voluntary contributions from Gratipay Participants and Teams who wish to fund -our own **Open Work**. To contribute to Gratipay, please [visit Gratipay's Team +our own [Open Work](http://www.opencompany.org/). To contribute to Gratipay, please [visit Gratipay's Team page](/Gratipay/). 1. You are responsible for paying any third-party fees associated with your From 0bd679134339a02d77ae02d3595bc36b248b647a Mon Sep 17 00:00:00 2001 From: mattbk Date: Thu, 1 Sep 2016 08:48:20 -0500 Subject: [PATCH 05/41] Remove TWYW specifics, leave "payouts" --- www/about/policies/terms-of-service.md | 12 ++++++------ 1 file changed, 6 insertions(+), 6 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index c76c45ac0c..c30503c4b3 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -63,15 +63,15 @@ provide the promised services). hold funds on behalf of Teams, and does not warrant or guarantee that Teams will provide the work they promise. -1. Take-What-You-Want Payout Rules +1. Payout Rules - 1. Teams can use the Service's Take-What-You-Want Payouts feature to automatically divide + 1. Teams can use the Service's Payouts feature to automatically divide incoming payments among Team Members, according to the allocation set by the Owner and/or Members. - 1. Gratipay does not determine how a Team's Take-What-You-Want Payouts are allocated and is not + 1. Gratipay does not determine how a Payouts are allocated and is not responsible for how Teams internally distribute payments. The agreement -between Team Members and Owners regarding the allocation of payouts is solely +between Team Members and Owners regarding the allocation of Payouts is solely between those parties. 1. Rules for Gratipay Teams @@ -109,8 +109,8 @@ page](/Gratipay/). 1. You are responsible for paying any taxes and withholdings associated with your use of the Service. Team Owners, and not Gratipay, are responsible for compliance with all laws, as well as any taxes and withholding -requirements, applicable to payouts made to Team Members (whether through the -Take-What-You-Want Payout feature or otherwise), including without limitation payroll tax, +requirements, applicable to Payouts made to Team Members (whether through the +Payouts feature or otherwise), including without limitation payroll tax, unemployment insurance, and worker compensation insurance payments. Team Owners are also responsible for providing any required tax and other documentation to employees, independent contractors, tax authorities, or any other person. From e59a214a4f78a1db2faf1564ccd19755803b90ef Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Tue, 20 Sep 2016 09:26:53 -0400 Subject: [PATCH 06/41] Fix a small grammar mistake --- www/about/policies/terms-of-service.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index c30503c4b3..16db12887c 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -69,7 +69,7 @@ will provide the work they promise. incoming payments among Team Members, according to the allocation set by the Owner and/or Members. - 1. Gratipay does not determine how a Payouts are allocated and is not + 1. Gratipay does not determine how Payouts are allocated and is not responsible for how Teams internally distribute payments. The agreement between Team Members and Owners regarding the allocation of Payouts is solely between those parties. From c7d589c42d66a82cc8facc3dddcfbbdc1b73f1c6 Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Tue, 20 Sep 2016 14:29:30 -0400 Subject: [PATCH 07/41] Talk about Projects instead of Teams --- www/about/policies/terms-of-service.md | 122 ++++++++++++++----------- 1 file changed, 67 insertions(+), 55 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index 16db12887c..ee5f47f98d 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -6,7 +6,7 @@ These Terms of Service ("Terms") are an agreement between you, a user Gratipay. When you register as a Gratipay Participant, you agree to be bound by these Terms. -If you have any questions about these terms, please contact us: +If you have any questions about these Terms, please contact us: Gratipay, LLC 716 Park Road @@ -35,85 +35,97 @@ or damage arising from your failure to keep your account secure. your legal guardian must consent to your use and must agree to be bound by these Terms. -1. The Gratipay Model and General Rules +1. General Rules - 1. The Service is a platform to enable Teams of Gratipay Participants to - receive payments to fund development of a product or service ("work"). + 1. The Service is a platform to facilitate payments for goods or services + ("Work"). - 1. The Participant who establishes a Team is its Owner. Teams may optionally - have other Members. + 1. A Participant may establish a Project on the Service. The Participant who + establishes a Project is its Owner. Projects may optionally have other +Members. The Owner is also a Member. - 1. When you establish a Team on the Service, you agree that payments will be - used exclusively to support the work described in your Team's profile. + 1. A Project may receive payments from Participants for Work provided by the + Project. When you establish a Project on the Service, you agree that +payments will be used exclusively to support the Work described in your +Project's profile. - 1. When you make a payment to a Team, it is a payment to fund the work - the Team provides. You understand and acknowledge that your payment does -not entitle you personally to receive any goods or services from the Team, -unless the Team explicitly offers those things to Participants. + 1. A Project may make payments to its Members for Work provided to the + Project by the Members. When you become a Member of a Project, you agree +that payments to you by the Project are made exclusively because of your +contribution to the Work decribed in the Project's profile. - 1. By accepting a payment from a Participant, a Team forms an agreement with - that Participant to perform the work described in its profile. The +1. Payments from Participants to Projects + + 1. Projects can use the Service to receive payments from Participants. + + 1. When you make a payment to a Project, it is a payment to fund the Work the + Project provides. You understand and acknowledge that your payment does +not entitle you personally to receive any goods or services from the Project, +unless the Project explicitly offers those things to Participants. + + 1. By accepting a payment from a Participant, the Project forms an agreement + with that Participant to perform the work described in its profile. The Service is a platform to facilitate this agreement. Gratipay is not a party to -the agreement, and is not responsible to either the Team or the Participant if -either party breaches the terms of the agreement (e.g. if the Team fails to -provide the promised services). +the agreement, and is not responsible to either the Project or the Participant +if either party breaches the terms of the agreement (e.g. if the Project fails +to provide the promised services). - 1. Gratipay is not obligated to provide refunds under any circumstance. Teams - are responsible for producing the work they offer. Gratipay does not -hold funds on behalf of Teams, and does not warrant or guarantee that Teams -will provide the work they promise. + 1. Gratipay is not obligated to provide refunds under any circumstance. + Projects are responsible for producing the work they offer. Gratipay does +not hold funds on behalf of Projects, and does not warrant or guarantee that +Projects will provide the work they promise. -1. Payout Rules +1. Payments from Projects to Members - 1. Teams can use the Service's Payouts feature to automatically divide - incoming payments among Team Members, according to the allocation set by -the Owner and/or Members. + 1. Projects can use the Service to distribute payments to Project Members. - 1. Gratipay does not determine how Payouts are allocated and is not - responsible for how Teams internally distribute payments. The agreement -between Team Members and Owners regarding the allocation of Payouts is solely -between those parties. + 1. When a Project makes a payment to you, it is a payment to fund the Work + you contribute to the Project. -1. Rules for Gratipay Teams + 1. Gratipay does not determine how payments are allocated and is not + responsible for how Projects internally distribute payments. The agreement +between the Project Owner and other Members regarding the allocation of +payments is solely between those parties. - 1. Teams may accept payments on the Service only for a defined product or service ("work"). +1. Additional Rules for Gratipay Projects - 1. A Team can only begin receiving payments from Participants once it has - provided a working withdrawal mechanism for receiving payments (e.g. bank -account information). + 1. A Project can only begin receiving payments from Participants once the + Owner has provided a working withdrawal mechanism for receiving payments +(e.g. bank account information). - 1. Teams and their work must be consistent with Gratipay's [Brand + 1. Projects and their Work must be consistent with Gratipay's [Brand Guidelines](http://inside.gratipay.com/big-picture/brand/) and Acceptable Use Policy. - 1. Gratipay reserves the right to reject, suspend, or remove a Team at any + 1. Gratipay reserves the right to reject, suspend, or remove a Project at any time, and for any reason. - 1. Establishing a Team on Gratipay involves an application and approval + 1. Establishing a Project on Gratipay involves an application and approval process. As part of this process, the Gratipay community will have the -opportunity to publicly evaluate and provide commentary about the Team. +opportunity to publicly evaluate and provide commentary about the Project. However, all decisions regarding whether to accept, reject, suspend, remove, or -take any other action regarding a Team belong solely to Gratipay. +take any other action regarding a Project belong solely to Gratipay. 1. Fees and Taxes 1. Gratipay does not take any fee from payments made by Participants to - Teams. Gratipay and the Service are funded through the Service itself, by -voluntary contributions from Gratipay Participants and Teams who wish to fund -our own [Open Work](http://www.opencompany.org/). To contribute to Gratipay, please [visit Gratipay's Team -page](/Gratipay/). + Projects, or by Projects to Members. Gratipay and the Service are funded +through the Service itself, by voluntary contributions from Gratipay +Participants who wish to fund our own Work. To contribute to Gratipay, please +[visit Gratipay's Project page](/Gratipay/). 1. You are responsible for paying any third-party fees associated with your use of the Service, such as credit card and bank fees. 1. You are responsible for paying any taxes and withholdings associated with - your use of the Service. Team Owners, and not Gratipay, are responsible -for compliance with all laws, as well as any taxes and withholding -requirements, applicable to Payouts made to Team Members (whether through the -Payouts feature or otherwise), including without limitation payroll tax, -unemployment insurance, and worker compensation insurance payments. Team Owners -are also responsible for providing any required tax and other documentation to -employees, independent contractors, tax authorities, or any other person. + your use of the Service. In particular, Project Owners, and not Gratipay, +are responsible for compliance with all laws, as well as any taxes and +withholding requirements, applicable to payments made to Project Members +(whether through the Service or otherwise), including without limitation +payroll tax, unemployment insurance, and worker compensation insurance +payments. Project Owners are also responsible for providing any required tax +and other documentation to employees, independent contractors, tax authorities, +or any other person. 1. Content Accessible on the Service @@ -139,8 +151,8 @@ content. However, Gratipay has no obligation to monitor, filter, or disable access to any content, and shall not be responsible if you encounter objectionable content by using the Service. - 1. The Service, including Participant and Team profiles, may contain links to - other websites. When you access third-party websites linked to from the + 1. The Service, including Participant and Project profiles, may contain links + to other websites. When you access third-party websites linked to from the Service, you do so at your own risk. Gratipay does not review, control, or endorse those sites. @@ -220,15 +232,15 @@ agreement](https://www.braintreepayments.com/legal/bank-agreement-us). 1. Nonprofits and Charities using Gratipay - 1. If your Team is associated with a nonprofit organization, soliciting + 1. If your Project is associated with a nonprofit organization, soliciting payments on Gratipay may subject you to certain state laws regarding charitable solicitations, including various registration, reporting, and audit requirements. You are solely responsible for compliance with these and any other applicable law or regulation. 1. Gratipay makes no representation or warranty regarding the tax-exempt - status of any Team, or the tax-deductible status of any payment made via -the Service. + status of any Project, or the tax-deductible status of any payment made +via the Service. 1. Copyright Policy From 95a88a54488483d37aedd8f04019f63770aa09e5 Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Tue, 20 Sep 2016 14:35:56 -0400 Subject: [PATCH 08/41] Tweak a few small things --- www/about/policies/terms-of-service.md | 10 +++++----- 1 file changed, 5 insertions(+), 5 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index ee5f47f98d..e033892601 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -42,7 +42,7 @@ these Terms. 1. A Participant may establish a Project on the Service. The Participant who establishes a Project is its Owner. Projects may optionally have other -Members. The Owner is also a Member. +Members. The Owner is a Member. 1. A Project may receive payments from Participants for Work provided by the Project. When you establish a Project on the Service, you agree that @@ -64,7 +64,7 @@ not entitle you personally to receive any goods or services from the Project, unless the Project explicitly offers those things to Participants. 1. By accepting a payment from a Participant, the Project forms an agreement - with that Participant to perform the work described in its profile. The + with that Participant to perform the Work described in its profile. The Service is a platform to facilitate this agreement. Gratipay is not a party to the agreement, and is not responsible to either the Project or the Participant if either party breaches the terms of the agreement (e.g. if the Project fails @@ -110,9 +110,9 @@ take any other action regarding a Project belong solely to Gratipay. 1. Gratipay does not take any fee from payments made by Participants to Projects, or by Projects to Members. Gratipay and the Service are funded -through the Service itself, by voluntary contributions from Gratipay -Participants who wish to fund our own Work. To contribute to Gratipay, please -[visit Gratipay's Project page](/Gratipay/). +through the Service itself, by voluntary payments from Gratipay Participants +who wish to fund our own Work. To contribute to Gratipay, please [visit +Gratipay's Project page](/Gratipay/). 1. You are responsible for paying any third-party fees associated with your use of the Service, such as credit card and bank fees. From 37106427c81f11b060c4225034ebcd5918edf31d Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Tue, 20 Sep 2016 14:49:13 -0400 Subject: [PATCH 09/41] Clarify relationship of Members and Owners --- www/about/policies/terms-of-service.md | 29 ++++++++++++++++---------- 1 file changed, 18 insertions(+), 11 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index e033892601..c3fd766f93 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -42,7 +42,7 @@ these Terms. 1. A Participant may establish a Project on the Service. The Participant who establishes a Project is its Owner. Projects may optionally have other -Members. The Owner is a Member. +Participants as Members. 1. A Project may receive payments from Participants for Work provided by the Project. When you establish a Project on the Service, you agree that @@ -64,11 +64,11 @@ not entitle you personally to receive any goods or services from the Project, unless the Project explicitly offers those things to Participants. 1. By accepting a payment from a Participant, the Project forms an agreement - with that Participant to perform the Work described in its profile. The -Service is a platform to facilitate this agreement. Gratipay is not a party to -the agreement, and is not responsible to either the Project or the Participant -if either party breaches the terms of the agreement (e.g. if the Project fails -to provide the promised services). + with that Participant to perform the Work described in the Project's +profile. The Service is a platform to facilitate this agreement. Gratipay is +not a party to the agreement, and is not responsible to either the Project or +the Participant if either party breaches the terms of the agreement (e.g. if +the Project fails to provide the promised services). 1. Gratipay is not obligated to provide refunds under any circumstance. Projects are responsible for producing the work they offer. Gratipay does @@ -79,12 +79,19 @@ Projects will provide the work they promise. 1. Projects can use the Service to distribute payments to Project Members. - 1. When a Project makes a payment to you, it is a payment to fund the Work - you contribute to the Project. + 1. When you receive a payment from a Project, it is a payment to fund the + Work you contribute to the Project. + + 1. By accepting a payment from a Project, the Member forms an agreement with + that Project to contribute to the Work described in the Project's profile. +The Service is a platform to facilitate this agreement. Gratipay is not a party +to the agreement, and is not responsible to either the Project or the Member if +either party breaches the terms of the agreement (e.g. if the Member fails to +provide the promised services). 1. Gratipay does not determine how payments are allocated and is not responsible for how Projects internally distribute payments. The agreement -between the Project Owner and other Members regarding the allocation of +between the Project's Owner and its Members regarding the allocation of payments is solely between those parties. 1. Additional Rules for Gratipay Projects @@ -123,7 +130,7 @@ are responsible for compliance with all laws, as well as any taxes and withholding requirements, applicable to payments made to Project Members (whether through the Service or otherwise), including without limitation payroll tax, unemployment insurance, and worker compensation insurance -payments. Project Owners are also responsible for providing any required tax +payments. Project Owners are also responsible for providing any required tax and other documentation to employees, independent contractors, tax authorities, or any other person. @@ -351,7 +358,7 @@ SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER PARTICIPANTS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS -OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GRATIPAY OR ITS +OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GRATIPAY OR ITS AFFILIATES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID GRATIPAY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM. From 9d13c5619e8c6a5fab011ac0d50b5f3edee71bc8 Mon Sep 17 00:00:00 2001 From: mattbk Date: Thu, 29 Sep 2016 13:18:54 -0500 Subject: [PATCH 10/41] Address some suggested changes Doesn't change structure, but tries to address > Probably use different language for the "Work" performed by the project and the work performed by Members for Projects by - using "Project Work" for work the Project does and "Project Tasks" for work Project Members do for the project. - Specifying "Project Members" where it was missing. --- www/about/policies/terms-of-service.md | 42 +++++++++++++------------- 1 file changed, 21 insertions(+), 21 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index c3fd766f93..045301b158 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -41,31 +41,31 @@ these Terms. ("Work"). 1. A Participant may establish a Project on the Service. The Participant who - establishes a Project is its Owner. Projects may optionally have other -Participants as Members. + establishes a Project is the "Project Owner". Projects may optionally have other +Participants as "Project Members." 1. A Project may receive payments from Participants for Work provided by the - Project. When you establish a Project on the Service, you agree that -payments will be used exclusively to support the Work described in your + Project ("Project Work"). When you establish a Project on the Service, you agree that +payments will be used exclusively to support the Project Work described in your Project's profile. - 1. A Project may make payments to its Members for Work provided to the - Project by the Members. When you become a Member of a Project, you agree + 1. When you become a Project Member, you agree that payments to you by the Project are made exclusively because of your -contribution to the Work decribed in the Project's profile. +contribution ("Project Tasks") to the Project Work decribed in the Project's profile. A Project may make +payments to its Project Members for Project Tasks performed by the Project Members. 1. Payments from Participants to Projects 1. Projects can use the Service to receive payments from Participants. - 1. When you make a payment to a Project, it is a payment to fund the Work the - Project provides. You understand and acknowledge that your payment does + 1. When you make a payment to a Project, it is a payment to fund the Project Work. + You understand and acknowledge that your payment does not entitle you personally to receive any goods or services from the Project, unless the Project explicitly offers those things to Participants. 1. By accepting a payment from a Participant, the Project forms an agreement - with that Participant to perform the Work described in the Project's -profile. The Service is a platform to facilitate this agreement. Gratipay is + with that Participant to perform the Project Work. + The Service is a platform to facilitate this agreement. Gratipay is not a party to the agreement, and is not responsible to either the Project or the Participant if either party breaches the terms of the agreement (e.g. if the Project fails to provide the promised services). @@ -75,32 +75,32 @@ the Project fails to provide the promised services). not hold funds on behalf of Projects, and does not warrant or guarantee that Projects will provide the work they promise. -1. Payments from Projects to Members +1. Payments from Projects to Project Members 1. Projects can use the Service to distribute payments to Project Members. 1. When you receive a payment from a Project, it is a payment to fund the - Work you contribute to the Project. + Project Tasks you contribute to the Project. - 1. By accepting a payment from a Project, the Member forms an agreement with - that Project to contribute to the Work described in the Project's profile. + 1. By accepting a payment from a Project, the Project Member forms an agreement with + that Project to contribute to the Project Work described in the Project's profile. The Service is a platform to facilitate this agreement. Gratipay is not a party -to the agreement, and is not responsible to either the Project or the Member if -either party breaches the terms of the agreement (e.g. if the Member fails to +to the agreement, and is not responsible to either the Project or the Project Member if +either party breaches the terms of the agreement (e.g. if the Project Member fails to provide the promised services). 1. Gratipay does not determine how payments are allocated and is not responsible for how Projects internally distribute payments. The agreement -between the Project's Owner and its Members regarding the allocation of +between the Project's Owner and Project Members regarding the allocation of payments is solely between those parties. 1. Additional Rules for Gratipay Projects 1. A Project can only begin receiving payments from Participants once the - Owner has provided a working withdrawal mechanism for receiving payments + Project Owner has provided a working withdrawal mechanism for receiving payments (e.g. bank account information). - 1. Projects and their Work must be consistent with Gratipay's [Brand + 1. Projects and Project Work must be consistent with Gratipay's [Brand Guidelines](http://inside.gratipay.com/big-picture/brand/) and Acceptable Use Policy. @@ -116,7 +116,7 @@ take any other action regarding a Project belong solely to Gratipay. 1. Fees and Taxes 1. Gratipay does not take any fee from payments made by Participants to - Projects, or by Projects to Members. Gratipay and the Service are funded + Projects, or by Projects to Project Members. Gratipay and the Service are funded through the Service itself, by voluntary payments from Gratipay Participants who wish to fund our own Work. To contribute to Gratipay, please [visit Gratipay's Project page](/Gratipay/). From c3170b58b48cef7a3ed135c7ed4ee99191df55fe Mon Sep 17 00:00:00 2001 From: mattbk Date: Fri, 30 Sep 2016 10:46:41 -0500 Subject: [PATCH 11/41] Make a first pass at restructuring in terms of obligations Each Participant type has a section in which the obligations are spelled out. There may be some duplication. --- www/about/policies/terms-of-service.md | 82 +++++++++++++------------- 1 file changed, 42 insertions(+), 40 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index 045301b158..77f5c094f2 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -44,43 +44,52 @@ these Terms. establishes a Project is the "Project Owner". Projects may optionally have other Participants as "Project Members." - 1. A Project may receive payments from Participants for Work provided by the + 1. A Participant may give money to a Project. A Participant who gives money to a Project is a "Giver." + +1. Obligations of Project Owners + + 1. A Project may receive payments from Givers for Work provided by the Project ("Project Work"). When you establish a Project on the Service, you agree that payments will be used exclusively to support the Project Work described in your Project's profile. - 1. When you become a Project Member, you agree -that payments to you by the Project are made exclusively because of your -contribution ("Project Tasks") to the Project Work decribed in the Project's profile. A Project may make -payments to its Project Members for Project Tasks performed by the Project Members. - -1. Payments from Participants to Projects - - 1. Projects can use the Service to receive payments from Participants. + 1. Projects can use the Service to receive payments from Givers. - 1. When you make a payment to a Project, it is a payment to fund the Project Work. - You understand and acknowledge that your payment does -not entitle you personally to receive any goods or services from the Project, -unless the Project explicitly offers those things to Participants. - - 1. By accepting a payment from a Participant, the Project forms an agreement - with that Participant to perform the Project Work. + 1. By accepting a payment from a Giver, the Project forms an agreement + with that Giver to perform the Project Work. The Service is a platform to facilitate this agreement. Gratipay is not a party to the agreement, and is not responsible to either the Project or -the Participant if either party breaches the terms of the agreement (e.g. if +the Giver if either party breaches the terms of the agreement (e.g. if the Project fails to provide the promised services). - 1. Gratipay is not obligated to provide refunds under any circumstance. - Projects are responsible for producing the work they offer. Gratipay does -not hold funds on behalf of Projects, and does not warrant or guarantee that -Projects will provide the work they promise. + 1. A Project can only begin receiving payments from Givers once the + Project Owner has provided a working withdrawal mechanism for receiving payments +(e.g. bank account information). + + 1. Projects and Project Work must be consistent with Gratipay's [Brand + Guidelines](http://inside.gratipay.com/big-picture/brand/) and Acceptable +Use Policy. + + 1. Gratipay reserves the right to reject, suspend, or remove a Project at any + time, and for any reason. + + 1. Establishing a Project on Gratipay involves an application and approval + process. As part of this process, the Gratipay community will have the +opportunity to publicly evaluate and provide commentary about the Project. +However, all decisions regarding whether to accept, reject, suspend, remove, or +take any other action regarding a Project belong solely to Gratipay. -1. Payments from Projects to Project Members +1. Obligations of Project Members 1. Projects can use the Service to distribute payments to Project Members. 1. When you receive a payment from a Project, it is a payment to fund the Project Tasks you contribute to the Project. + + 1. When you become a Project Member, you agree +that payments to you by the Project are made exclusively because of your +contribution ("Project Tasks") to the Project Work decribed in the Project's profile. A Project may make +payments to its Project Members for Project Tasks performed by the Project Members. 1. By accepting a payment from a Project, the Project Member forms an agreement with that Project to contribute to the Project Work described in the Project's profile. @@ -94,30 +103,23 @@ provide the promised services). between the Project's Owner and Project Members regarding the allocation of payments is solely between those parties. -1. Additional Rules for Gratipay Projects - - 1. A Project can only begin receiving payments from Participants once the - Project Owner has provided a working withdrawal mechanism for receiving payments -(e.g. bank account information). +1. Obligations of Givers - 1. Projects and Project Work must be consistent with Gratipay's [Brand - Guidelines](http://inside.gratipay.com/big-picture/brand/) and Acceptable -Use Policy. - - 1. Gratipay reserves the right to reject, suspend, or remove a Project at any - time, and for any reason. + 1. When you make a payment to a Project, it is a payment to fund the Project Work. + You understand and acknowledge that your payment does +not entitle you personally to receive any goods or services from the Project, +unless the Project explicitly offers those things to Givers. - 1. Establishing a Project on Gratipay involves an application and approval - process. As part of this process, the Gratipay community will have the -opportunity to publicly evaluate and provide commentary about the Project. -However, all decisions regarding whether to accept, reject, suspend, remove, or -take any other action regarding a Project belong solely to Gratipay. + 1. Gratipay is not obligated to provide refunds under any circumstance. + Projects are responsible for producing the work they offer. Gratipay does +not hold funds on behalf of Projects, and does not warrant or guarantee that +Projects will provide the work they promise. 1. Fees and Taxes - 1. Gratipay does not take any fee from payments made by Participants to + 1. Gratipay does not take any fee from payments made by Givers to Projects, or by Projects to Project Members. Gratipay and the Service are funded -through the Service itself, by voluntary payments from Gratipay Participants +through the Service itself, by voluntary payments from Givers who wish to fund our own Work. To contribute to Gratipay, please [visit Gratipay's Project page](/Gratipay/). From 6f0b90fbf0d46cdc7dedd4b6e1ef891cfdaf45fd Mon Sep 17 00:00:00 2001 From: mattbk Date: Fri, 30 Sep 2016 11:47:36 -0500 Subject: [PATCH 12/41] Reduce redundancy. --- www/about/policies/terms-of-service.md | 68 ++++++++++++-------------- 1 file changed, 31 insertions(+), 37 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index 77f5c094f2..be73d51bed 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -18,22 +18,22 @@ legal@gratipay.com 1. When you register for the Service, you agree to provide Gratipay with complete and accurate registration information. You are responsible for -keeping your account information, including your contact and payment -information, up to date. Gratipay takes our Participants' privacy seriously. We -will only use or share your information and Content as described in our -[Privacy Policy](/about/policies/privacy), which is incorporated into these -Terms. + keeping your account information, including your contact and payment + information, up to date. Gratipay takes our Participants' privacy seriously. We + will only use or share your information and Content as described in our + [Privacy Policy](/about/policies/privacy), which is incorporated into these + Terms. 1. You are responsible for maintaining the security of your account information, including your authentication credentials. You agree to -notify Gratipay immediately of any actual or suspected loss, theft, or -unauthorized use of your credentials. Gratipay shall not be liable for any loss -or damage arising from your failure to keep your account secure. + notify Gratipay immediately of any actual or suspected loss, theft, or + unauthorized use of your credentials. Gratipay shall not be liable for any loss + or damage arising from your failure to keep your account secure. 1. You may only use the Service if you are 13 years old or older, and you represent to us that you are 13 or older. If you are under the age of 18, -your legal guardian must consent to your use and must agree to be bound by -these Terms. + your legal guardian must consent to your use and must agree to be bound by + these Terms. 1. General Rules @@ -42,66 +42,60 @@ these Terms. 1. A Participant may establish a Project on the Service. The Participant who establishes a Project is the "Project Owner". Projects may optionally have other -Participants as "Project Members." + Participants as "Project Members." 1. A Participant may give money to a Project. A Participant who gives money to a Project is a "Giver." 1. Obligations of Project Owners - 1. A Project may receive payments from Givers for Work provided by the + 1. A Project can use the Service to receive payments from Givers for Work provided by the Project ("Project Work"). When you establish a Project on the Service, you agree that -payments will be used exclusively to support the Project Work described in your -Project's profile. - - 1. Projects can use the Service to receive payments from Givers. + payments will be used exclusively to support the Project Work described in your + Project's profile. 1. By accepting a payment from a Giver, the Project forms an agreement with that Giver to perform the Project Work. The Service is a platform to facilitate this agreement. Gratipay is -not a party to the agreement, and is not responsible to either the Project or -the Giver if either party breaches the terms of the agreement (e.g. if -the Project fails to provide the promised services). + not a party to the agreement, and is not responsible to either the Project or + the Giver if either party breaches the terms of the agreement (e.g. if + the Project fails to provide the promised services). 1. A Project can only begin receiving payments from Givers once the Project Owner has provided a working withdrawal mechanism for receiving payments -(e.g. bank account information). + (e.g. bank account information). 1. Projects and Project Work must be consistent with Gratipay's [Brand Guidelines](http://inside.gratipay.com/big-picture/brand/) and Acceptable -Use Policy. + Use Policy. 1. Gratipay reserves the right to reject, suspend, or remove a Project at any time, and for any reason. 1. Establishing a Project on Gratipay involves an application and approval process. As part of this process, the Gratipay community will have the -opportunity to publicly evaluate and provide commentary about the Project. -However, all decisions regarding whether to accept, reject, suspend, remove, or -take any other action regarding a Project belong solely to Gratipay. + opportunity to publicly evaluate and provide commentary about the Project. + However, all decisions regarding whether to accept, reject, suspend, remove, or + take any other action regarding a Project belong solely to Gratipay. 1. Obligations of Project Members 1. Projects can use the Service to distribute payments to Project Members. - 1. When you receive a payment from a Project, it is a payment to fund the - Project Tasks you contribute to the Project. - - 1. When you become a Project Member, you agree -that payments to you by the Project are made exclusively because of your -contribution ("Project Tasks") to the Project Work decribed in the Project's profile. A Project may make -payments to its Project Members for Project Tasks performed by the Project Members. + 1. When you become a Project Member, you agree that payments to you by the + Project are made exclusively because of your contribution ("Project Tasks") + to the Project Work decribed in the Project's profile. 1. By accepting a payment from a Project, the Project Member forms an agreement with that Project to contribute to the Project Work described in the Project's profile. -The Service is a platform to facilitate this agreement. Gratipay is not a party -to the agreement, and is not responsible to either the Project or the Project Member if -either party breaches the terms of the agreement (e.g. if the Project Member fails to -provide the promised services). + The Service is a platform to facilitate this agreement. Gratipay is not a party + to the agreement, and is not responsible to either the Project or the Project Member if + either party breaches the terms of the agreement (e.g. if the Project Member fails to + provide the promised services). 1. Gratipay does not determine how payments are allocated and is not responsible for how Projects internally distribute payments. The agreement -between the Project's Owner and Project Members regarding the allocation of -payments is solely between those parties. + between the Project's Owner and Project Members regarding the allocation of + payments is solely between those parties. 1. Obligations of Givers From 499073612c227f41ccc5d80be690755c65f7a517 Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Sat, 22 Oct 2016 10:47:49 -0400 Subject: [PATCH 13/41] Reflow markdown to match existing --- www/about/policies/terms-of-service.md | 91 +++++++++++++------------- 1 file changed, 46 insertions(+), 45 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index be73d51bed..d66d06c240 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -18,22 +18,22 @@ legal@gratipay.com 1. When you register for the Service, you agree to provide Gratipay with complete and accurate registration information. You are responsible for - keeping your account information, including your contact and payment - information, up to date. Gratipay takes our Participants' privacy seriously. We - will only use or share your information and Content as described in our - [Privacy Policy](/about/policies/privacy), which is incorporated into these - Terms. +keeping your account information, including your contact and payment +information, up to date. Gratipay takes our Participants' privacy seriously. We +will only use or share your information and Content as described in our +[Privacy Policy](/about/policies/privacy), which is incorporated into these +Terms. 1. You are responsible for maintaining the security of your account information, including your authentication credentials. You agree to - notify Gratipay immediately of any actual or suspected loss, theft, or - unauthorized use of your credentials. Gratipay shall not be liable for any loss - or damage arising from your failure to keep your account secure. +notify Gratipay immediately of any actual or suspected loss, theft, or +unauthorized use of your credentials. Gratipay shall not be liable for any loss +or damage arising from your failure to keep your account secure. 1. You may only use the Service if you are 13 years old or older, and you represent to us that you are 13 or older. If you are under the age of 18, - your legal guardian must consent to your use and must agree to be bound by - these Terms. +your legal guardian must consent to your use and must agree to be bound by +these Terms. 1. General Rules @@ -41,68 +41,69 @@ legal@gratipay.com ("Work"). 1. A Participant may establish a Project on the Service. The Participant who - establishes a Project is the "Project Owner". Projects may optionally have other - Participants as "Project Members." + establishes a Project is the "Project Owner". Projects may optionally have +other Participants as "Project Members." - 1. A Participant may give money to a Project. A Participant who gives money to a Project is a "Giver." + 1. A Participant may give money to a Project. A Participant who gives money + to a Project is a "Giver." 1. Obligations of Project Owners - 1. A Project can use the Service to receive payments from Givers for Work provided by the - Project ("Project Work"). When you establish a Project on the Service, you agree that - payments will be used exclusively to support the Project Work described in your - Project's profile. + 1. A Project can use the Service to receive payments from Givers for Work + provided by the Project ("Project Work"). When you establish a Project on +the Service, you agree that payments will be used exclusively to support the +Project Work described in your Project's profile. - 1. By accepting a payment from a Giver, the Project forms an agreement - with that Giver to perform the Project Work. - The Service is a platform to facilitate this agreement. Gratipay is - not a party to the agreement, and is not responsible to either the Project or - the Giver if either party breaches the terms of the agreement (e.g. if - the Project fails to provide the promised services). + 1. By accepting a payment from a Giver, the Project forms an agreement with + that Giver to perform the Project Work. The Service is a platform to +facilitate this agreement. Gratipay is not a party to the agreement, and is not +responsible to either the Project or the Giver if either party breaches the +terms of the agreement (e.g. if the Project fails to provide the promised +services). - 1. A Project can only begin receiving payments from Givers once the - Project Owner has provided a working withdrawal mechanism for receiving payments - (e.g. bank account information). + 1. A Project can only begin receiving payments from Givers once the Project + Owner has provided a working withdrawal mechanism for receiving payments +(e.g. bank account information). 1. Projects and Project Work must be consistent with Gratipay's [Brand Guidelines](http://inside.gratipay.com/big-picture/brand/) and Acceptable - Use Policy. +Use Policy. 1. Gratipay reserves the right to reject, suspend, or remove a Project at any time, and for any reason. 1. Establishing a Project on Gratipay involves an application and approval process. As part of this process, the Gratipay community will have the - opportunity to publicly evaluate and provide commentary about the Project. - However, all decisions regarding whether to accept, reject, suspend, remove, or - take any other action regarding a Project belong solely to Gratipay. +opportunity to publicly evaluate and provide commentary about the Project. +However, all decisions regarding whether to accept, reject, suspend, remove, or +take any other action regarding a Project belong solely to Gratipay. 1. Obligations of Project Members 1. Projects can use the Service to distribute payments to Project Members. - 1. When you become a Project Member, you agree that payments to you by the - Project are made exclusively because of your contribution ("Project Tasks") - to the Project Work decribed in the Project's profile. + 1. When you become a Project Member, you agree that payments to you by the + Project are made exclusively because of your contribution ("Project +Tasks") to the Project Work decribed in the Project's profile. - 1. By accepting a payment from a Project, the Project Member forms an agreement with - that Project to contribute to the Project Work described in the Project's profile. - The Service is a platform to facilitate this agreement. Gratipay is not a party - to the agreement, and is not responsible to either the Project or the Project Member if - either party breaches the terms of the agreement (e.g. if the Project Member fails to - provide the promised services). + 1. By accepting a payment from a Project, the Project Member forms an + agreement with that Project to contribute to the Project Work described in +the Project's profile. The Service is a platform to facilitate this agreement. +Gratipay is not a party to the agreement, and is not responsible to either the +Project or the Project Member if either party breaches the terms of the +agreement (e.g. if the Project Member fails to provide the promised services). 1. Gratipay does not determine how payments are allocated and is not responsible for how Projects internally distribute payments. The agreement - between the Project's Owner and Project Members regarding the allocation of - payments is solely between those parties. +between the Project's Owner and Project Members regarding the allocation of +payments is solely between those parties. 1. Obligations of Givers - 1. When you make a payment to a Project, it is a payment to fund the Project Work. - You understand and acknowledge that your payment does -not entitle you personally to receive any goods or services from the Project, -unless the Project explicitly offers those things to Givers. + 1. When you make a payment to a Project, it is a payment to fund the Project + Work. You understand and acknowledge that your payment does not entitle +you personally to receive any goods or services from the Project, unless the +Project explicitly offers those things to Givers. 1. Gratipay is not obligated to provide refunds under any circumstance. Projects are responsible for producing the work they offer. Gratipay does From 08d43be4acb50e4a9fed2ddb2d024b7921cae68d Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Sat, 22 Oct 2016 11:02:01 -0400 Subject: [PATCH 14/41] Remove quotes where not needed Reviewing existing usage, it looks like we only use quotes when introducing a new term when the term is in parenthesis after its definition. When directly defining a new term, we don't need quotes. --- www/about/policies/terms-of-service.md | 6 +++--- 1 file changed, 3 insertions(+), 3 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index d66d06c240..fb1264c21c 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -41,11 +41,11 @@ these Terms. ("Work"). 1. A Participant may establish a Project on the Service. The Participant who - establishes a Project is the "Project Owner". Projects may optionally have -other Participants as "Project Members." + establishes a Project is the Project Owner. Projects may optionally have +other Participants as Project Members. 1. A Participant may give money to a Project. A Participant who gives money - to a Project is a "Giver." + to a Project is a Giver. 1. Obligations of Project Owners From bcca3afebdfabd177cd6bad18491b62fa6d61fad Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Sat, 22 Oct 2016 12:38:38 -0400 Subject: [PATCH 15/41] Project Members -> Collaborators "labor" = work --- www/about/policies/terms-of-service.md | 44 +++++++++++++------------- 1 file changed, 22 insertions(+), 22 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index fb1264c21c..ba37d72b19 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -42,7 +42,7 @@ these Terms. 1. A Participant may establish a Project on the Service. The Participant who establishes a Project is the Project Owner. Projects may optionally have -other Participants as Project Members. +other Participants as Collaborators. 1. A Participant may give money to a Project. A Participant who gives money to a Project is a Giver. @@ -55,7 +55,7 @@ the Service, you agree that payments will be used exclusively to support the Project Work described in your Project's profile. 1. By accepting a payment from a Giver, the Project forms an agreement with - that Giver to perform the Project Work. The Service is a platform to + that Giver to perform the Project Work. The Service is a platform to facilitate this agreement. Gratipay is not a party to the agreement, and is not responsible to either the Project or the Giver if either party breaches the terms of the agreement (e.g. if the Project fails to provide the promised @@ -78,24 +78,24 @@ opportunity to publicly evaluate and provide commentary about the Project. However, all decisions regarding whether to accept, reject, suspend, remove, or take any other action regarding a Project belong solely to Gratipay. -1. Obligations of Project Members +1. Obligations of Collaborators - 1. Projects can use the Service to distribute payments to Project Members. + 1. Projects can use the Service to distribute payments to Collaborators. - 1. When you become a Project Member, you agree that payments to you by the + 1. When you become a Collaborator, you agree that payments to you by the Project are made exclusively because of your contribution ("Project Tasks") to the Project Work decribed in the Project's profile. - 1. By accepting a payment from a Project, the Project Member forms an - agreement with that Project to contribute to the Project Work described in -the Project's profile. The Service is a platform to facilitate this agreement. + 1. By accepting a payment from a Project, the Collaborator forms an agreement + with that Project to contribute to the Project Work described in the +Project's profile. The Service is a platform to facilitate this agreement. Gratipay is not a party to the agreement, and is not responsible to either the -Project or the Project Member if either party breaches the terms of the -agreement (e.g. if the Project Member fails to provide the promised services). +Project or the Collaborator if either party breaches the terms of the agreement +(e.g. if the Collaborator fails to provide the promised services). 1. Gratipay does not determine how payments are allocated and is not responsible for how Projects internally distribute payments. The agreement -between the Project's Owner and Project Members regarding the allocation of +between the Project's Owner and Collaborators regarding the allocation of payments is solely between those parties. 1. Obligations of Givers @@ -112,11 +112,11 @@ Projects will provide the work they promise. 1. Fees and Taxes - 1. Gratipay does not take any fee from payments made by Givers to - Projects, or by Projects to Project Members. Gratipay and the Service are funded -through the Service itself, by voluntary payments from Givers -who wish to fund our own Work. To contribute to Gratipay, please [visit -Gratipay's Project page](/Gratipay/). + 1. Gratipay does not take any fee from payments made by Givers to Projects, + or by Projects to Collaborators. Gratipay and the Service are funded +through the Service itself, by voluntary payments from Givers who wish to fund +our own Work. To contribute to Gratipay, please [visit Gratipay's Project +page](/Gratipay/). 1. You are responsible for paying any third-party fees associated with your use of the Service, such as credit card and bank fees. @@ -124,12 +124,12 @@ Gratipay's Project page](/Gratipay/). 1. You are responsible for paying any taxes and withholdings associated with your use of the Service. In particular, Project Owners, and not Gratipay, are responsible for compliance with all laws, as well as any taxes and -withholding requirements, applicable to payments made to Project Members -(whether through the Service or otherwise), including without limitation -payroll tax, unemployment insurance, and worker compensation insurance -payments. Project Owners are also responsible for providing any required tax -and other documentation to employees, independent contractors, tax authorities, -or any other person. +withholding requirements, applicable to payments made to Collaborators (whether +through the Service or otherwise), including without limitation payroll tax, +unemployment insurance, and worker compensation insurance payments. Project +Owners are also responsible for providing any required tax and other +documentation to employees, independent contractors, tax authorities, or any +other person. 1. Content Accessible on the Service From 7d7d3d89aba3e76a7d7d78e6a4743e0e69ec9d6f Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Sat, 22 Oct 2016 12:59:39 -0400 Subject: [PATCH 16/41] Simplify references to Work Aaron had thought we should "Probably use different language for the 'Work' performed by the project and the work performed by Members for Projects." We did this in 01e8cb2a, but we didn't end up referring to "Project Tasks" anywhere except where that was defined. I think by switching to Collaborators we make it clear enough the these are people collaborating in the Project's Work. --- www/about/policies/terms-of-service.md | 42 +++++++++++++------------- 1 file changed, 21 insertions(+), 21 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index ba37d72b19..1bc8206507 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -47,25 +47,25 @@ other Participants as Collaborators. 1. A Participant may give money to a Project. A Participant who gives money to a Project is a Giver. -1. Obligations of Project Owners +1. Obligations of Project Owners 1. A Project can use the Service to receive payments from Givers for Work - provided by the Project ("Project Work"). When you establish a Project on -the Service, you agree that payments will be used exclusively to support the -Project Work described in your Project's profile. + provided by the Project. When you establish a Project on the Service, you +agree that payments will be used exclusively to support the Work described in +your Project's profile. 1. By accepting a payment from a Giver, the Project forms an agreement with - that Giver to perform the Project Work. The Service is a platform to + that Giver to provide the Project's Work. The Service is a platform to facilitate this agreement. Gratipay is not a party to the agreement, and is not responsible to either the Project or the Giver if either party breaches the -terms of the agreement (e.g. if the Project fails to provide the promised -services). +terms of the agreement (e.g. if the Project fails to provide the promised goods +or services). 1. A Project can only begin receiving payments from Givers once the Project Owner has provided a working withdrawal mechanism for receiving payments (e.g. bank account information). - 1. Projects and Project Work must be consistent with Gratipay's [Brand + 1. Projects and their Work must be consistent with Gratipay's [Brand Guidelines](http://inside.gratipay.com/big-picture/brand/) and Acceptable Use Policy. @@ -78,32 +78,32 @@ opportunity to publicly evaluate and provide commentary about the Project. However, all decisions regarding whether to accept, reject, suspend, remove, or take any other action regarding a Project belong solely to Gratipay. -1. Obligations of Collaborators +1. Obligations of Collaborators 1. Projects can use the Service to distribute payments to Collaborators. 1. When you become a Collaborator, you agree that payments to you by the - Project are made exclusively because of your contribution ("Project -Tasks") to the Project Work decribed in the Project's profile. + Project are made exclusively because of your collaboration in the Work +described in the Project's profile. 1. By accepting a payment from a Project, the Collaborator forms an agreement - with that Project to contribute to the Project Work described in the -Project's profile. The Service is a platform to facilitate this agreement. -Gratipay is not a party to the agreement, and is not responsible to either the -Project or the Collaborator if either party breaches the terms of the agreement -(e.g. if the Collaborator fails to provide the promised services). + with that Project to collaborate in the Work described in the Project's +profile. The Service is a platform to facilitate this agreement. Gratipay is +not a party to the agreement, and is not responsible to either the Project or +the Collaborator if either party breaches the terms of the agreement (e.g. if +the Collaborator fails to provide the promised goods or services). 1. Gratipay does not determine how payments are allocated and is not responsible for how Projects internally distribute payments. The agreement between the Project's Owner and Collaborators regarding the allocation of payments is solely between those parties. -1. Obligations of Givers +1. Obligations of Givers - 1. When you make a payment to a Project, it is a payment to fund the Project - Work. You understand and acknowledge that your payment does not entitle -you personally to receive any goods or services from the Project, unless the -Project explicitly offers those things to Givers. + 1. When you make a payment to a Project, it is a payment to fund the Work + described in the Project's profile. You understand and acknowledge that +your payment does not entitle you personally to receive any goods or services +from the Project, unless the Project explicitly offers those things to Givers. 1. Gratipay is not obligated to provide refunds under any circumstance. Projects are responsible for producing the work they offer. Gratipay does From 32ac2b86107fbff9eeb20e090601924173339f26 Mon Sep 17 00:00:00 2001 From: mattbk Date: Mon, 7 Nov 2016 10:22:52 -0600 Subject: [PATCH 17/41] Address comments from @tieguy https://github.com/gratipay/gratipay.com/pull/4117#issuecomment-256237120 - [x] A participant may give money to a Project..." this clause is the only mention of money in the entire document; other similar statements make reference to payments, not "money". Probably not a huge issue but maybe something to flag to the payments attorney, or just go ahead and make consistent. - [x] "The Service is a platform to facilitate this agreement" - earlier, we say the Service is a platform to facilitate payments. I think we should drop/rewrite the first, since I presume this later, repeated phrasing about facilitating the agreement was tailored to address financial regulation concerns. - [x] "Projects ... must be consistent" and "Gratipay reserves the right..." both seem like they should be in general terms, since they apply to other Collaborators as well, not just Project Owners. - [x] The three sections titled "Obligations" should be retitled something like "Terms for Givers..." etc., since they contain things beyond obligations. - [x] The Project is not a legal entity; would it be more accurate to say the agreement is with the Project Owner? --- www/about/policies/terms-of-service.md | 27 ++++++++++++-------------- 1 file changed, 12 insertions(+), 15 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index 1bc8206507..252ff53830 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -37,24 +37,28 @@ these Terms. 1. General Rules - 1. The Service is a platform to facilitate payments for goods or services - ("Work"). - 1. A Participant may establish a Project on the Service. The Participant who establishes a Project is the Project Owner. Projects may optionally have other Participants as Collaborators. - 1. A Participant may give money to a Project. A Participant who gives money + 1. A Participant may give payments to a Project. A Participant who gives payments to a Project is a Giver. + + 1. Projects and their Work must be consistent with Gratipay's [Brand + Guidelines](http://inside.gratipay.com/big-picture/brand/) and Acceptable +Use Policy. + + 1. Gratipay reserves the right to reject, suspend, or remove a Project at any + time, and for any reason. -1. Obligations of Project Owners +1. Terms for Project Owners 1. A Project can use the Service to receive payments from Givers for Work provided by the Project. When you establish a Project on the Service, you agree that payments will be used exclusively to support the Work described in your Project's profile. - 1. By accepting a payment from a Giver, the Project forms an agreement with + 1. By accepting a payment from a Giver, the Project Owner forms an agreement with that Giver to provide the Project's Work. The Service is a platform to facilitate this agreement. Gratipay is not a party to the agreement, and is not responsible to either the Project or the Giver if either party breaches the @@ -65,20 +69,13 @@ or services). Owner has provided a working withdrawal mechanism for receiving payments (e.g. bank account information). - 1. Projects and their Work must be consistent with Gratipay's [Brand - Guidelines](http://inside.gratipay.com/big-picture/brand/) and Acceptable -Use Policy. - - 1. Gratipay reserves the right to reject, suspend, or remove a Project at any - time, and for any reason. - 1. Establishing a Project on Gratipay involves an application and approval process. As part of this process, the Gratipay community will have the opportunity to publicly evaluate and provide commentary about the Project. However, all decisions regarding whether to accept, reject, suspend, remove, or take any other action regarding a Project belong solely to Gratipay. -1. Obligations of Collaborators +1. Terms for Collaborators 1. Projects can use the Service to distribute payments to Collaborators. @@ -98,7 +95,7 @@ the Collaborator fails to provide the promised goods or services). between the Project's Owner and Collaborators regarding the allocation of payments is solely between those parties. -1. Obligations of Givers +1. Terms for Givers 1. When you make a payment to a Project, it is a payment to fund the Work described in the Project's profile. You understand and acknowledge that From dbfbc17ba6f3f08bf51da5335002e0ceb7e465c9 Mon Sep 17 00:00:00 2001 From: mattbk Date: Mon, 7 Nov 2016 12:45:09 -0600 Subject: [PATCH 18/41] Address more comments from @tieguy. https://github.com/gratipay/gratipay.com/pull/4117#issuecomment-256237120 - [x] Is a Project Owner also a Collaborator? (I think yes, but not 100% clear.) - [x] Is there an earlier action (before payment) that would make sense for Collaborators to form an agreement with the Project to collaborate? It's somewhat un-natural to say that accepting payment is what forms the agreement; usually the agreement precedes the payment. --- www/about/policies/terms-of-service.md | 4 ++-- 1 file changed, 2 insertions(+), 2 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index 252ff53830..721670150b 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -39,7 +39,7 @@ these Terms. 1. A Participant may establish a Project on the Service. The Participant who establishes a Project is the Project Owner. Projects may optionally have -other Participants as Collaborators. +other Participants as Collaborators. The Project Owner is also a Collaborator. 1. A Participant may give payments to a Project. A Participant who gives payments to a Project is a Giver. @@ -83,7 +83,7 @@ take any other action regarding a Project belong solely to Gratipay. Project are made exclusively because of your collaboration in the Work described in the Project's profile. - 1. By accepting a payment from a Project, the Collaborator forms an agreement + 1. By becoming a Collaborator, the Collaborator forms an agreement with that Project to collaborate in the Work described in the Project's profile. The Service is a platform to facilitate this agreement. Gratipay is not a party to the agreement, and is not responsible to either the Project or From 06fb9c9e3d47169f7f8cecbbcfb1d0b27cd6679c Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Wed, 16 Nov 2016 21:06:15 -0800 Subject: [PATCH 19/41] Switch the last instance of "Rules" to "Terms" This better keeps the parallelism with the subsequent sections about Project Owners, Collaborators, and Givers. --- www/about/policies/terms-of-service.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index 721670150b..68831efe6e 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -35,7 +35,7 @@ or damage arising from your failure to keep your account secure. your legal guardian must consent to your use and must agree to be bound by these Terms. -1. General Rules +1. General Terms 1. A Participant may establish a Project on the Service. The Participant who establishes a Project is the Project Owner. Projects may optionally have From 8d68dcdff7488e56a72cbc2e8b46e62db709e4d8 Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Wed, 16 Nov 2016 21:36:08 -0800 Subject: [PATCH 20/41] Reflow lines -- no content change --- www/about/policies/terms-of-service.md | 24 ++++++++++++------------ 1 file changed, 12 insertions(+), 12 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index 68831efe6e..7b6629835e 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -41,8 +41,8 @@ these Terms. establishes a Project is the Project Owner. Projects may optionally have other Participants as Collaborators. The Project Owner is also a Collaborator. - 1. A Participant may give payments to a Project. A Participant who gives payments - to a Project is a Giver. + 1. A Participant may give payments to a Project. A Participant who gives + payments to a Project is a Giver. 1. Projects and their Work must be consistent with Gratipay's [Brand Guidelines](http://inside.gratipay.com/big-picture/brand/) and Acceptable @@ -58,10 +58,10 @@ Use Policy. agree that payments will be used exclusively to support the Work described in your Project's profile. - 1. By accepting a payment from a Giver, the Project Owner forms an agreement with - that Giver to provide the Project's Work. The Service is a platform to -facilitate this agreement. Gratipay is not a party to the agreement, and is not -responsible to either the Project or the Giver if either party breaches the + 1. By accepting a payment from a Giver, the Project Owner forms an agreement + with that Giver to provide the Project's Work. The Service is a platform +to facilitate this agreement. Gratipay is not a party to the agreement, and is +not responsible to either the Project or the Giver if either party breaches the terms of the agreement (e.g. if the Project fails to provide the promised goods or services). @@ -83,12 +83,12 @@ take any other action regarding a Project belong solely to Gratipay. Project are made exclusively because of your collaboration in the Work described in the Project's profile. - 1. By becoming a Collaborator, the Collaborator forms an agreement - with that Project to collaborate in the Work described in the Project's -profile. The Service is a platform to facilitate this agreement. Gratipay is -not a party to the agreement, and is not responsible to either the Project or -the Collaborator if either party breaches the terms of the agreement (e.g. if -the Collaborator fails to provide the promised goods or services). + 1. By becoming a Collaborator, the Collaborator forms an agreement with that + Project to collaborate in the Work described in the Project's profile. The +Service is a platform to facilitate this agreement. Gratipay is not a party to +the agreement, and is not responsible to either the Project or the Collaborator +if either party breaches the terms of the agreement (e.g. if the Collaborator +fails to provide the promised goods or services). 1. Gratipay does not determine how payments are allocated and is not responsible for how Projects internally distribute payments. The agreement From 82c5a088fdeb5a401ff99ce265228d918e8eb6b8 Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Wed, 16 Nov 2016 22:00:55 -0800 Subject: [PATCH 21/41] Thoroughly replace Project with Project Owner --- www/about/policies/terms-of-service.md | 66 +++++++++++++------------- 1 file changed, 34 insertions(+), 32 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index 7b6629835e..c856ceb0b4 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -41,8 +41,8 @@ these Terms. establishes a Project is the Project Owner. Projects may optionally have other Participants as Collaborators. The Project Owner is also a Collaborator. - 1. A Participant may give payments to a Project. A Participant who gives - payments to a Project is a Giver. + 1. A Participant may make payments to a Project Owner via a Project. A + Participant who makes payments via a Project is a Giver. 1. Projects and their Work must be consistent with Gratipay's [Brand Guidelines](http://inside.gratipay.com/big-picture/brand/) and Acceptable @@ -53,21 +53,21 @@ Use Policy. 1. Terms for Project Owners - 1. A Project can use the Service to receive payments from Givers for Work - provided by the Project. When you establish a Project on the Service, you -agree that payments will be used exclusively to support the Work described in -your Project's profile. + 1. A Project Owner can use the Service to receive payments from Givers for + Work provided by the Project's Collaborators. When you establish a Project +on the Service, you agree that payments will be used exclusively to support the +Work described in your Project's profile. 1. By accepting a payment from a Giver, the Project Owner forms an agreement with that Giver to provide the Project's Work. The Service is a platform to facilitate this agreement. Gratipay is not a party to the agreement, and is -not responsible to either the Project or the Giver if either party breaches the -terms of the agreement (e.g. if the Project fails to provide the promised goods -or services). +not responsible to either the Project Owner or the Giver if either party +breaches the terms of the agreement (e.g. if the Project Owner fails to provide +the promised goods or services). - 1. A Project can only begin receiving payments from Givers once the Project - Owner has provided a working withdrawal mechanism for receiving payments -(e.g. bank account information). + 1. A Project Owner can only begin receiving payments from Givers once the + Project Owner has provided a working withdrawal mechanism for receiving +payments (e.g. bank account information). 1. Establishing a Project on Gratipay involves an application and approval process. As part of this process, the Gratipay community will have the @@ -77,18 +77,19 @@ take any other action regarding a Project belong solely to Gratipay. 1. Terms for Collaborators - 1. Projects can use the Service to distribute payments to Collaborators. + 1. Project Owners can use the Service to distribute payments to + Collaborators. 1. When you become a Collaborator, you agree that payments to you by the - Project are made exclusively because of your collaboration in the Work -described in the Project's profile. + Project Owner are made exclusively because of your collaboration in the +Work described in the Project's profile. 1. By becoming a Collaborator, the Collaborator forms an agreement with that - Project to collaborate in the Work described in the Project's profile. The -Service is a platform to facilitate this agreement. Gratipay is not a party to -the agreement, and is not responsible to either the Project or the Collaborator -if either party breaches the terms of the agreement (e.g. if the Collaborator -fails to provide the promised goods or services). + Project Owner to collaborate in the Work described in the Project's +profile. The Service is a platform to facilitate this agreement. Gratipay is +not a party to the agreement, and is not responsible to either the Project +Owner or the Collaborator if either party breaches the terms of the agreement +(e.g. if the Collaborator fails to provide the promised goods or services). 1. Gratipay does not determine how payments are allocated and is not responsible for how Projects internally distribute payments. The agreement @@ -97,23 +98,24 @@ payments is solely between those parties. 1. Terms for Givers - 1. When you make a payment to a Project, it is a payment to fund the Work - described in the Project's profile. You understand and acknowledge that -your payment does not entitle you personally to receive any goods or services -from the Project, unless the Project explicitly offers those things to Givers. + 1. When you make a payment to a Project Owner, it is a payment to fund the + Work described in the Project's profile. You understand and acknowledge +that your payment does not entitle you personally to receive any goods or +services from the Project Owner, unless the Project Owner explicitly offers +those things to Givers. 1. Gratipay is not obligated to provide refunds under any circumstance. - Projects are responsible for producing the work they offer. Gratipay does -not hold funds on behalf of Projects, and does not warrant or guarantee that -Projects will provide the work they promise. + Project Owners are responsible for producing the Work they offer. Gratipay +does not hold funds on behalf of Project Owners, and does not warrant or +guarantee that Project Owners will provide the Work they promise. 1. Fees and Taxes - 1. Gratipay does not take any fee from payments made by Givers to Projects, - or by Projects to Collaborators. Gratipay and the Service are funded -through the Service itself, by voluntary payments from Givers who wish to fund -our own Work. To contribute to Gratipay, please [visit Gratipay's Project -page](/Gratipay/). + 1. Gratipay does not take any fee from payments made by Givers to Project + Owners, or by Project Owners to Collaborators. Gratipay and the Service +are funded through the Service itself, by voluntary payments from Givers who +wish to fund our own Work. To contribute to Gratipay, please [visit Gratipay's +Project page](/Gratipay/). 1. You are responsible for paying any third-party fees associated with your use of the Service, such as credit card and bank fees. From 8dbd24b3222949b4f7214598d5ebaf52e68d4105 Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Wed, 16 Nov 2016 22:04:06 -0800 Subject: [PATCH 22/41] Make 3 parallel items to intro Participant types --- www/about/policies/terms-of-service.md | 6 ++++-- 1 file changed, 4 insertions(+), 2 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index c856ceb0b4..13fb8c263d 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -38,8 +38,10 @@ these Terms. 1. General Terms 1. A Participant may establish a Project on the Service. The Participant who - establishes a Project is the Project Owner. Projects may optionally have -other Participants as Collaborators. The Project Owner is also a Collaborator. + establishes a Project is the Project Owner. + + 1. Projects may optionally have other Participants as Collaborators. The + Project Owner is also a Collaborator. 1. A Participant may make payments to a Project Owner via a Project. A Participant who makes payments via a Project is a Giver. From 826d4e1fb52a1d087f34db4b14464dfefbba078a Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Wed, 16 Nov 2016 22:09:19 -0800 Subject: [PATCH 23/41] Prohibit aggresive trolling and activism This basically covers what the Brand Guidelines have been filtering. By adding it to the AUP prohibitions, we can remove the reference to the Brand Guidelines, and simplify the project review process. --- www/about/policies/terms-of-service.md | 6 ++---- 1 file changed, 2 insertions(+), 4 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index 13fb8c263d..53da85e9df 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -45,10 +45,6 @@ these Terms. 1. A Participant may make payments to a Project Owner via a Project. A Participant who makes payments via a Project is a Giver. - - 1. Projects and their Work must be consistent with Gratipay's [Brand - Guidelines](http://inside.gratipay.com/big-picture/brand/) and Acceptable -Use Policy. 1. Gratipay reserves the right to reject, suspend, or remove a Project at any time, and for any reason. @@ -205,6 +201,8 @@ disclosure policy](/about/security/). security numbers, credit card numbers, street addresses, phone numbers, confidential ID numbers, or account passwords, without their permission. + * Aggressive trolling or activism. + * Account hijacking, including any access to or use of another Participant's account without their permission. From 3f12d246f07739c755608db6931d7d9b84d8eca1 Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Wed, 16 Nov 2016 22:18:03 -0800 Subject: [PATCH 24/41] Regroup "reject" clause with other "reject" clause --- www/about/policies/terms-of-service.md | 6 +++--- 1 file changed, 3 insertions(+), 3 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index 53da85e9df..52209b3034 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -46,9 +46,6 @@ these Terms. 1. A Participant may make payments to a Project Owner via a Project. A Participant who makes payments via a Project is a Giver. - 1. Gratipay reserves the right to reject, suspend, or remove a Project at any - time, and for any reason. - 1. Terms for Project Owners 1. A Project Owner can use the Service to receive payments from Givers for @@ -73,6 +70,9 @@ opportunity to publicly evaluate and provide commentary about the Project. However, all decisions regarding whether to accept, reject, suspend, remove, or take any other action regarding a Project belong solely to Gratipay. + 1. Gratipay reserves the right to reject, suspend, or remove a Project at any + time, and for any reason. + 1. Terms for Collaborators 1. Project Owners can use the Service to distribute payments to From 407633f3f8caddb67afe23d9fd1d6e844b3b733c Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Wed, 16 Nov 2016 22:24:34 -0800 Subject: [PATCH 25/41] Resolve Project -> {Collaborator,Giver} asymmetry The four criteria for our payment processor exemption to regulation as a money transmitter are:[1] 1. we must facilitate the purchase of goods or services, or the payment of bills for goods or services; 2. we must operate through clearance and settlement systems that admit only BSA-regulated financial institutions; 3. we must provide our service pursuant to a formal agreement; and 4. our agreement must be at a minimum with the seller that provides the goods or services and receives the funds. Therefore, I think it's a good idea to state right up front that we are "a platform to facilitate payments for goods or services." This also gives us a chance to define Work before referring to it later. I don't believe that the "to facilitate this agreement" language that this PR removes is entangled with our regulatory status. Instead, this PR simplifies those clauses by referring to "any agreement." [1] https://github.com/gratipay/inside.gratipay.com/issues/192#issuecomment-100048271 --- www/about/policies/terms-of-service.md | 23 +++++++++++------------ 1 file changed, 11 insertions(+), 12 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index 52209b3034..bab97908e2 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -37,6 +37,9 @@ these Terms. 1. General Terms + 1. The Service is a platform to facilitate payments for goods or services + ("Work"). + 1. A Participant may establish a Project on the Service. The Participant who establishes a Project is the Project Owner. @@ -53,12 +56,10 @@ these Terms. on the Service, you agree that payments will be used exclusively to support the Work described in your Project's profile. - 1. By accepting a payment from a Giver, the Project Owner forms an agreement - with that Giver to provide the Project's Work. The Service is a platform -to facilitate this agreement. Gratipay is not a party to the agreement, and is -not responsible to either the Project Owner or the Giver if either party -breaches the terms of the agreement (e.g. if the Project Owner fails to provide -the promised goods or services). + 1. Gratipay is not a party to any agreement between Project Owners and + Givers, and is not responsible to either the Project Owner or the Giver if +either party breaches the terms of any such agreement (e.g. if the Project +Owner fails to provide the promised goods or services). 1. A Project Owner can only begin receiving payments from Givers once the Project Owner has provided a working withdrawal mechanism for receiving @@ -82,12 +83,10 @@ take any other action regarding a Project belong solely to Gratipay. Project Owner are made exclusively because of your collaboration in the Work described in the Project's profile. - 1. By becoming a Collaborator, the Collaborator forms an agreement with that - Project Owner to collaborate in the Work described in the Project's -profile. The Service is a platform to facilitate this agreement. Gratipay is -not a party to the agreement, and is not responsible to either the Project -Owner or the Collaborator if either party breaches the terms of the agreement -(e.g. if the Collaborator fails to provide the promised goods or services). + 1. Gratipay is not a party to any agreement between Project Owners and + Collaborators, and is not responsible to either the Project Owner or the +Collaborator if either party breaches the terms of any such agreement (e.g. if +the Collaborator fails to provide the promised goods or services). 1. Gratipay does not determine how payments are allocated and is not responsible for how Projects internally distribute payments. The agreement From 67c8b0c5104cdaac7e840a8b261dcafcc076402a Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Wed, 16 Nov 2016 22:48:41 -0800 Subject: [PATCH 26/41] Make another pass re: Project -> Project Owner --- www/about/policies/terms-of-service.md | 32 +++++++++++++------------- 1 file changed, 16 insertions(+), 16 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index bab97908e2..8bfb5f6f68 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -53,8 +53,8 @@ these Terms. 1. A Project Owner can use the Service to receive payments from Givers for Work provided by the Project's Collaborators. When you establish a Project -on the Service, you agree that payments will be used exclusively to support the -Work described in your Project's profile. +on the Service, you agree that payments via the Project will be used +exclusively to support the Work described in the Project's profile. 1. Gratipay is not a party to any agreement between Project Owners and Givers, and is not responsible to either the Project Owner or the Giver if @@ -89,17 +89,17 @@ Collaborator if either party breaches the terms of any such agreement (e.g. if the Collaborator fails to provide the promised goods or services). 1. Gratipay does not determine how payments are allocated and is not - responsible for how Projects internally distribute payments. The agreement -between the Project's Owner and Collaborators regarding the allocation of + responsible for how Project Owners distribute payments. The agreement +between the Project's Owner and other Collaborators regarding the allocation of payments is solely between those parties. 1. Terms for Givers - 1. When you make a payment to a Project Owner, it is a payment to fund the - Work described in the Project's profile. You understand and acknowledge -that your payment does not entitle you personally to receive any goods or -services from the Project Owner, unless the Project Owner explicitly offers -those things to Givers. + 1. When you make a payment via a Project to a Project Owner, it is a payment + to fund the Work described in the Project's profile. You understand and +acknowledge that your payment does not entitle you personally to receive any +goods or services from the Project Owner, unless the Project Owner explicitly +offers those things to Givers. 1. Gratipay is not obligated to provide refunds under any circumstance. Project Owners are responsible for producing the Work they offer. Gratipay @@ -234,15 +234,15 @@ agreement](https://www.braintreepayments.com/legal/bank-agreement-us). 1. Nonprofits and Charities using Gratipay - 1. If your Project is associated with a nonprofit organization, soliciting - payments on Gratipay may subject you to certain state laws regarding -charitable solicitations, including various registration, reporting, and audit -requirements. You are solely responsible for compliance with these and any -other applicable law or regulation. + 1. If you are a nonprofit organization, soliciting payments on Gratipay may + subject you to certain state laws regarding charitable solicitations, +including various registration, reporting, and audit requirements. You are +solely responsible for compliance with these and any other applicable law or +regulation. 1. Gratipay makes no representation or warranty regarding the tax-exempt - status of any Project, or the tax-deductible status of any payment made -via the Service. + status of any Project Owner, or the tax-deductible status of any payment +made via the Service. 1. Copyright Policy From 6dc74945b4eef73b55fcac8f55d5938976029024 Mon Sep 17 00:00:00 2001 From: mattbk Date: Tue, 22 Nov 2016 09:24:58 -0600 Subject: [PATCH 27/41] Small changes. Addresses - https://github.com/gratipay/gratipay.com/pull/4117#discussion_r88963010 - https://github.com/gratipay/gratipay.com/pull/4117#discussion_r88963777 - https://github.com/gratipay/gratipay.com/pull/4117#discussion_r88964575 --- www/about/policies/terms-of-service.md | 8 ++++---- 1 file changed, 4 insertions(+), 4 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index 8bfb5f6f68..cbea930fd1 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -40,8 +40,8 @@ these Terms. 1. The Service is a platform to facilitate payments for goods or services ("Work"). - 1. A Participant may establish a Project on the Service. The Participant who - establishes a Project is the Project Owner. + 1. A Participant may establish a Project on the Service. A Participant who + establishes a Project is also a Project Owner. 1. Projects may optionally have other Participants as Collaborators. The Project Owner is also a Collaborator. @@ -89,14 +89,14 @@ Collaborator if either party breaches the terms of any such agreement (e.g. if the Collaborator fails to provide the promised goods or services). 1. Gratipay does not determine how payments are allocated and is not - responsible for how Project Owners distribute payments. The agreement + responsible for how Project Owners distribute payments. Any agreement between the Project's Owner and other Collaborators regarding the allocation of payments is solely between those parties. 1. Terms for Givers 1. When you make a payment via a Project to a Project Owner, it is a payment - to fund the Work described in the Project's profile. You understand and + to pay for the Work described in the Project's profile. You understand and acknowledge that your payment does not entitle you personally to receive any goods or services from the Project Owner, unless the Project Owner explicitly offers those things to Givers. From e09c1281230eb62760b9e780f7cd7b6ba5c95ae5 Mon Sep 17 00:00:00 2001 From: mattbk Date: Tue, 22 Nov 2016 09:35:03 -0600 Subject: [PATCH 28/41] Small changes. Addresses - https://github.com/gratipay/gratipay.com/pull/4117#discussion_r88967140 - https://github.com/gratipay/gratipay.com/pull/4117#discussion_r88966892 - https://github.com/gratipay/gratipay.com/pull/4117#discussion_r88967597 - https://github.com/gratipay/gratipay.com/pull/4117#discussion_r88968323 --- www/about/policies/terms-of-service.md | 16 +++++++++------- 1 file changed, 9 insertions(+), 7 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index cbea930fd1..6d22cb33ba 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -56,6 +56,8 @@ these Terms. on the Service, you agree that payments via the Project will be used exclusively to support the Work described in the Project's profile. + 1. Project Owners may only make payments to a Collaborator for their contributions. + 1. Gratipay is not a party to any agreement between Project Owners and Givers, and is not responsible to either the Project Owner or the Giver if either party breaches the terms of any such agreement (e.g. if the Project @@ -79,9 +81,8 @@ take any other action regarding a Project belong solely to Gratipay. 1. Project Owners can use the Service to distribute payments to Collaborators. - 1. When you become a Collaborator, you agree that payments to you by the - Project Owner are made exclusively because of your collaboration in the -Work described in the Project's profile. + 1. Collaborators can receive payments from Project Owners because of their + collaboration in the Project's Work and for no other reason. 1. Gratipay is not a party to any agreement between Project Owners and Collaborators, and is not responsible to either the Project Owner or the @@ -101,10 +102,11 @@ acknowledge that your payment does not entitle you personally to receive any goods or services from the Project Owner, unless the Project Owner explicitly offers those things to Givers. - 1. Gratipay is not obligated to provide refunds under any circumstance. - Project Owners are responsible for producing the Work they offer. Gratipay -does not hold funds on behalf of Project Owners, and does not warrant or -guarantee that Project Owners will provide the Work they promise. + 1. Project Owners are the only party responsible to Givers for producing the + Work their Project describes. Gratipay is not obligated to provide refunds +to Givers or produce work under any circumstance. Gratipay does not hold funds +on behalf of Project Owners, and does not warrant or guarantee that Project Owners +will provide the Work they promise. 1. Fees and Taxes From 7cc452c190e9e493a00fdb2d3c9a73e2cb25cb9d Mon Sep 17 00:00:00 2001 From: mattbk Date: Wed, 23 Nov 2016 21:04:04 -0600 Subject: [PATCH 29/41] Define Project As brought up by https://github.com/gratipay/inside.gratipay.com/issues/204 and discussed at https://github.com/gratipay/gratipay.com/pull/4117#issuecomment-262336157. --- www/about/policies/terms-of-service.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index 6d22cb33ba..86bff6df2f 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -38,7 +38,7 @@ these Terms. 1. General Terms 1. The Service is a platform to facilitate payments for goods or services - ("Work"). + ("Work"). The scope of Work is defined by Projects. 1. A Participant may establish a Project on the Service. A Participant who establishes a Project is also a Project Owner. From 71e42bb11417f6b67d58b4c18bf6a59c302fe9d9 Mon Sep 17 00:00:00 2001 From: mattbk Date: Mon, 28 Nov 2016 14:49:08 -0600 Subject: [PATCH 30/41] Explain what work is. Addresses https://github.com/gratipay/gratipay.com/pull/4117#discussion_r89824011. --- www/about/policies/terms-of-service.md | 5 +++-- 1 file changed, 3 insertions(+), 2 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index 86bff6df2f..a4b8714242 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -37,8 +37,9 @@ these Terms. 1. General Terms - 1. The Service is a platform to facilitate payments for goods or services - ("Work"). The scope of Work is defined by Projects. + 1. The Service is a platform to facilitate payments for goods or services. + The nature and scope of such goods or services (the "Work") is defined +by each Project. 1. A Participant may establish a Project on the Service. A Participant who establishes a Project is also a Project Owner. From 615403d7503674bd6d54df39c90f73f14a6b5d9b Mon Sep 17 00:00:00 2001 From: mattbk Date: Mon, 28 Nov 2016 14:59:59 -0600 Subject: [PATCH 31/41] Fix AUP indents Per https://github.com/gratipay/gratipay.com/pull/4117#issuecomment-263328887. Now each item can be referred to by number/letter, rather than as a whole. --- www/about/policies/terms-of-service.md | 56 +++++++++++++------------- 1 file changed, 28 insertions(+), 28 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index a4b8714242..39957fb7d3 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -183,48 +183,48 @@ permissible, for example as fair use. 1. The following conduct is prohibited on the Service: - * Illegal activities, including the promotion or solicitation of illegal + 1. Illegal activities, including the promotion or solicitation of illegal acts. - * Malicious activity or content, such as the transmission of viruses, - malware, or any other malicious or destructive code, or content or -activity intended to harm or disrupt the hardware, networks, or infrastructure -of Gratipay or any third parties. + 1. Malicious activity or content, such as the transmission of viruses, + malware, or any other malicious or destructive code, or content or activity + intended to harm or disrupt the hardware, networks, or infrastructure of + Gratipay or any third parties. - * Unauthorized access, including: accessing or attempting to access any - non-public interface, system, or functionality of the Service, or testing -the Service for vulnerabilities, except as described in our [security -disclosure policy](/about/security/). + 1. Unauthorized access, including: accessing or attempting to access any + non-public interface, system, or functionality of the Service, or testing the + Service for vulnerabilities, except as described in our + [security disclosure policy](/about/security/). - * Abuse, including threats of violence or harassment of a Participant + 1. Abuse, including threats of violence or harassment of a Participant through repeated unwanted contact. - * Posting anyone's personal or confidential information, such as social - security numbers, credit card numbers, street addresses, phone numbers, -confidential ID numbers, or account passwords, without their permission. + 1. Posting anyone's personal or confidential information, such as social + security numbers, credit card numbers, street addresses, phone numbers, + confidential ID numbers, or account passwords, without their permission. - * Aggressive trolling or activism. + 1. Aggressive trolling or activism. - * Account hijacking, including any access to or use of another + 1. Account hijacking, including any access to or use of another Participant's account without their permission. - * Child exploitation, including any content or activity that exploits or + 1. Child exploitation, including any content or activity that exploits or abuses children. - * Spam, including posting unsolicited promotional or commercial content in - comments, sending invitations for the purpose of advertising to the -recipients, or posting content or links for the purpose of manipulating search -or other algorithms. + 1. Spam, including posting unsolicited promotional or commercial content in + comments, sending invitations for the purpose of advertising to the + recipients, or posting content or links for the purpose of manipulating search + or other algorithms. - * Intellectual property infringement, including the infringing use of third - party trademarks or the unauthorized and unlawful posting of copyrighted -content. We respond to reports of copyright infringement as described in the -Copyright Policy. + 1. Intellectual property infringement, including the infringing use of third + party trademarks or the unauthorized and unlawful posting of copyrighted + content. We respond to reports of copyright infringement as described in the + Copyright Policy. - * Fraud or impersonation, including any use of the Service to impersonate - or deceive others. Contests or promotions that violate any applicable law -or regulation, or that suggest in any way that Gratipay is involved in or -responsible for the activity. + 1. Fraud or impersonation, including any use of the Service to impersonate + or deceive others. Contests or promotions that violate any applicable law + or regulation, or that suggest in any way that Gratipay is involved in or + responsible for the activity. 1. Gratipay's Service Providers From dce8938980488a911f42ed3bb894552afd32d737 Mon Sep 17 00:00:00 2001 From: mattbk Date: Mon, 28 Nov 2016 17:08:23 -0600 Subject: [PATCH 32/41] State laws to local laws. Closes https://github.com/gratipay/inside.gratipay.com/issues/925. --- www/about/policies/terms-of-service.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index 39957fb7d3..e9fc32da5d 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -238,7 +238,7 @@ agreement](https://www.braintreepayments.com/legal/bank-agreement-us). 1. Nonprofits and Charities using Gratipay 1. If you are a nonprofit organization, soliciting payments on Gratipay may - subject you to certain state laws regarding charitable solicitations, + subject you to local laws regarding charitable solicitations, including various registration, reporting, and audit requirements. You are solely responsible for compliance with these and any other applicable law or regulation. From 7f8cdd8646fc9ddda49ce1341a861b94eeeadebd Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Tue, 29 Nov 2016 13:46:53 -0500 Subject: [PATCH 33/41] Reflow using Vim's markdown rules --- www/about/policies/terms-of-service.md | 73 +++++++++++++------------- 1 file changed, 37 insertions(+), 36 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index e9fc32da5d..da78088c9f 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -37,11 +37,11 @@ these Terms. 1. General Terms - 1. The Service is a platform to facilitate payments for goods or services. - The nature and scope of such goods or services (the "Work") is defined -by each Project. + 1. The Service is a platform to facilitate payments for goods or services. + The nature and scope of such goods or services (the "Work") is defined by +each Project. - 1. A Participant may establish a Project on the Service. A Participant who + 1. A Participant may establish a Project on the Service. A Participant who establishes a Project is also a Project Owner. 1. Projects may optionally have other Participants as Collaborators. The @@ -57,7 +57,8 @@ by each Project. on the Service, you agree that payments via the Project will be used exclusively to support the Work described in the Project's profile. - 1. Project Owners may only make payments to a Collaborator for their contributions. + 1. Project Owners may only make payments to a Collaborator for their + contributions. 1. Gratipay is not a party to any agreement between Project Owners and Givers, and is not responsible to either the Project Owner or the Giver if @@ -82,7 +83,7 @@ take any other action regarding a Project belong solely to Gratipay. 1. Project Owners can use the Service to distribute payments to Collaborators. - 1. Collaborators can receive payments from Project Owners because of their + 1. Collaborators can receive payments from Project Owners because of their collaboration in the Project's Work and for no other reason. 1. Gratipay is not a party to any agreement between Project Owners and @@ -103,11 +104,11 @@ acknowledge that your payment does not entitle you personally to receive any goods or services from the Project Owner, unless the Project Owner explicitly offers those things to Givers. - 1. Project Owners are the only party responsible to Givers for producing the - Work their Project describes. Gratipay is not obligated to provide refunds -to Givers or produce work under any circumstance. Gratipay does not hold funds -on behalf of Project Owners, and does not warrant or guarantee that Project Owners -will provide the Work they promise. + 1. Project Owners are the only party responsible to Givers for producing the + Work their Project describes. Gratipay is not obligated to provide refunds +to Givers or produce work under any circumstance. Gratipay does not hold funds +on behalf of Project Owners, and does not warrant or guarantee that Project +Owners will provide the Work they promise. 1. Fees and Taxes @@ -184,47 +185,47 @@ permissible, for example as fair use. 1. The following conduct is prohibited on the Service: 1. Illegal activities, including the promotion or solicitation of illegal - acts. + acts. 1. Malicious activity or content, such as the transmission of viruses, - malware, or any other malicious or destructive code, or content or activity - intended to harm or disrupt the hardware, networks, or infrastructure of - Gratipay or any third parties. + malware, or any other malicious or destructive code, or content or +activity intended to harm or disrupt the hardware, networks, or infrastructure +of Gratipay or any third parties. 1. Unauthorized access, including: accessing or attempting to access any - non-public interface, system, or functionality of the Service, or testing the - Service for vulnerabilities, except as described in our - [security disclosure policy](/about/security/). + non-public interface, system, or functionality of the Service, or +testing the Service for vulnerabilities, except as described in our [security +disclosure policy](/about/security/). 1. Abuse, including threats of violence or harassment of a Participant - through repeated unwanted contact. + through repeated unwanted contact. 1. Posting anyone's personal or confidential information, such as social - security numbers, credit card numbers, street addresses, phone numbers, - confidential ID numbers, or account passwords, without their permission. + security numbers, credit card numbers, street addresses, phone numbers, +confidential ID numbers, or account passwords, without their permission. 1. Aggressive trolling or activism. 1. Account hijacking, including any access to or use of another - Participant's account without their permission. + Participant's account without their permission. 1. Child exploitation, including any content or activity that exploits or - abuses children. + abuses children. 1. Spam, including posting unsolicited promotional or commercial content in - comments, sending invitations for the purpose of advertising to the - recipients, or posting content or links for the purpose of manipulating search - or other algorithms. + comments, sending invitations for the purpose of advertising to the +recipients, or posting content or links for the purpose of manipulating search +or other algorithms. - 1. Intellectual property infringement, including the infringing use of third - party trademarks or the unauthorized and unlawful posting of copyrighted - content. We respond to reports of copyright infringement as described in the - Copyright Policy. + 1. Intellectual property infringement, including the infringing use of + third party trademarks or the unauthorized and unlawful posting of +copyrighted content. We respond to reports of copyright infringement as +described in the Copyright Policy. 1. Fraud or impersonation, including any use of the Service to impersonate - or deceive others. Contests or promotions that violate any applicable law - or regulation, or that suggest in any way that Gratipay is involved in or - responsible for the activity. + or deceive others. Contests or promotions that violate any applicable +law or regulation, or that suggest in any way that Gratipay is involved in or +responsible for the activity. 1. Gratipay's Service Providers @@ -238,9 +239,9 @@ agreement](https://www.braintreepayments.com/legal/bank-agreement-us). 1. Nonprofits and Charities using Gratipay 1. If you are a nonprofit organization, soliciting payments on Gratipay may - subject you to local laws regarding charitable solicitations, -including various registration, reporting, and audit requirements. You are -solely responsible for compliance with these and any other applicable law or + subject you to local laws regarding charitable solicitations, including +various registration, reporting, and audit requirements. You are solely +responsible for compliance with these and any other applicable law or regulation. 1. Gratipay makes no representation or warranty regarding the tax-exempt From 230b701fd3b29ae5990280fc78fbb808fe441aab Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Tue, 29 Nov 2016 14:15:37 -0500 Subject: [PATCH 34/41] Reduce redundancy ("payment to pay for") --- www/about/policies/terms-of-service.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index da78088c9f..592e0a95ea 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -99,7 +99,7 @@ payments is solely between those parties. 1. Terms for Givers 1. When you make a payment via a Project to a Project Owner, it is a payment - to pay for the Work described in the Project's profile. You understand and + for the Work described in the Project's profile. You understand and acknowledge that your payment does not entitle you personally to receive any goods or services from the Project Owner, unless the Project Owner explicitly offers those things to Givers. From 123efb16eae855aeb10edb4b714f9512524a2806 Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Tue, 29 Nov 2016 14:18:41 -0500 Subject: [PATCH 35/41] Relax terms around escrow In fact, we have $100k+ of project owners' money in escrow, and our best understanding at this point is that that's not a problem in itself. That'll be something we get to the bottom of with a specialist when the time comes. For now these terms are simply inaccurate. --- www/about/policies/terms-of-service.md | 11 +++-------- 1 file changed, 3 insertions(+), 8 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index 592e0a95ea..1c75fd3adb 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -65,10 +65,6 @@ exclusively to support the Work described in the Project's profile. either party breaches the terms of any such agreement (e.g. if the Project Owner fails to provide the promised goods or services). - 1. A Project Owner can only begin receiving payments from Givers once the - Project Owner has provided a working withdrawal mechanism for receiving -payments (e.g. bank account information). - 1. Establishing a Project on Gratipay involves an application and approval process. As part of this process, the Gratipay community will have the opportunity to publicly evaluate and provide commentary about the Project. @@ -105,10 +101,9 @@ goods or services from the Project Owner, unless the Project Owner explicitly offers those things to Givers. 1. Project Owners are the only party responsible to Givers for producing the - Work their Project describes. Gratipay is not obligated to provide refunds -to Givers or produce work under any circumstance. Gratipay does not hold funds -on behalf of Project Owners, and does not warrant or guarantee that Project -Owners will provide the Work they promise. + Work their Project describes. Gratipay does not warrant or guarantee that +Project Owners will provide the Work they promise, and Gratipay is not +obligated to provide refunds to Givers or produce work under any circumstance. 1. Fees and Taxes From dcea8496d376a5fdbca21180e8061f1ed401b685 Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Tue, 29 Nov 2016 14:39:19 -0500 Subject: [PATCH 36/41] Make new paragraph more paralleler to 4.ii --- www/about/policies/terms-of-service.md | 4 ++-- 1 file changed, 2 insertions(+), 2 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index 1c75fd3adb..cf41a5951e 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -57,8 +57,8 @@ each Project. on the Service, you agree that payments via the Project will be used exclusively to support the Work described in the Project's profile. - 1. Project Owners may only make payments to a Collaborator for their - contributions. + 1. Project Owners can make payments to Collaborators because of their + collaboration in the Project's Work and for no other reason. 1. Gratipay is not a party to any agreement between Project Owners and Givers, and is not responsible to either the Project Owner or the Giver if From 2eaf2059f0257777738ad1d8a8af663501d1b131 Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Tue, 29 Nov 2016 14:39:44 -0500 Subject: [PATCH 37/41] Be consistent re: Gratipay as Owner and Project --- www/about/policies/terms-of-service.md | 4 ++-- 1 file changed, 2 insertions(+), 2 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index cf41a5951e..bddc134e9b 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -110,8 +110,8 @@ obligated to provide refunds to Givers or produce work under any circumstance. 1. Gratipay does not take any fee from payments made by Givers to Project Owners, or by Project Owners to Collaborators. Gratipay and the Service are funded through the Service itself, by voluntary payments from Givers who -wish to fund our own Work. To contribute to Gratipay, please [visit Gratipay's -Project page](/Gratipay/). +wish to fund our own Work. To contribute to Gratipay, please visit Gratipay's +[Project page for the Service](/Gratipay/). 1. You are responsible for paying any third-party fees associated with your use of the Service, such as credit card and bank fees. From 8d69f204176953f2a44cbcea98586bb08da3bb83 Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Tue, 29 Nov 2016 14:59:15 -0500 Subject: [PATCH 38/41] Shift initial definition of Project earlier As it stood, we were referring to "each Project" before actually defining the term. --- www/about/policies/terms-of-service.md | 5 ++--- 1 file changed, 2 insertions(+), 3 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index bddc134e9b..ed982cfac8 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -39,10 +39,9 @@ these Terms. 1. The Service is a platform to facilitate payments for goods or services. The nature and scope of such goods or services (the "Work") is defined by -each Project. +Projects established by Participants on the Service. - 1. A Participant may establish a Project on the Service. A Participant who - establishes a Project is also a Project Owner. + 1. A Participant who establishes a Project is also a Project Owner. 1. Projects may optionally have other Participants as Collaborators. The Project Owner is also a Collaborator. From 2594b15ab4fc12c9000b7e05e9be2e11534b356f Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Tue, 29 Nov 2016 15:06:10 -0500 Subject: [PATCH 39/41] Split out a paragraph parallel to {3,4}.ii --- www/about/policies/terms-of-service.md | 11 ++++++----- 1 file changed, 6 insertions(+), 5 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index ed982cfac8..da16bce0c8 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -93,11 +93,12 @@ payments is solely between those parties. 1. Terms for Givers - 1. When you make a payment via a Project to a Project Owner, it is a payment - for the Work described in the Project's profile. You understand and -acknowledge that your payment does not entitle you personally to receive any -goods or services from the Project Owner, unless the Project Owner explicitly -offers those things to Givers. + 1. Givers can make payments to Project Owners because of the Project's Work + and for no other reason. + + 1. You understand and acknowledge that your payment does not entitle you + personally to receive any goods or services from the Project Owner, unless +the Project Owner explicitly offers those things to Givers. 1. Project Owners are the only party responsible to Givers for producing the Work their Project describes. Gratipay does not warrant or guarantee that From 9361562bfe53cc9176148702bed4f3ec3b7d3109 Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Tue, 29 Nov 2016 20:21:14 -0500 Subject: [PATCH 40/41] Trim Work/Project definition up a tad --- www/about/policies/terms-of-service.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index da16bce0c8..8a38bd2297 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -39,7 +39,7 @@ these Terms. 1. The Service is a platform to facilitate payments for goods or services. The nature and scope of such goods or services (the "Work") is defined by -Projects established by Participants on the Service. +Projects established on the Service. 1. A Participant who establishes a Project is also a Project Owner. From e54930312216e6d33a3934291fe1c164b804edc9 Mon Sep 17 00:00:00 2001 From: Chad Whitacre Date: Wed, 30 Nov 2016 14:54:10 -0500 Subject: [PATCH 41/41] Rephrase 3.ii, 4.ii, and 5.i --- www/about/policies/terms-of-service.md | 11 +++++------ 1 file changed, 5 insertions(+), 6 deletions(-) diff --git a/www/about/policies/terms-of-service.md b/www/about/policies/terms-of-service.md index 8a38bd2297..c949d10e45 100644 --- a/www/about/policies/terms-of-service.md +++ b/www/about/policies/terms-of-service.md @@ -56,8 +56,8 @@ Projects established on the Service. on the Service, you agree that payments via the Project will be used exclusively to support the Work described in the Project's profile. - 1. Project Owners can make payments to Collaborators because of their - collaboration in the Project's Work and for no other reason. + 1. Project Owners may only make payments to Collaborators for their + collaboration in the Project's Work. 1. Gratipay is not a party to any agreement between Project Owners and Givers, and is not responsible to either the Project Owner or the Giver if @@ -78,8 +78,8 @@ take any other action regarding a Project belong solely to Gratipay. 1. Project Owners can use the Service to distribute payments to Collaborators. - 1. Collaborators can receive payments from Project Owners because of their - collaboration in the Project's Work and for no other reason. + 1. Collaborators may only receive payments from Project Owners for their + collaboration in the Project's Work. 1. Gratipay is not a party to any agreement between Project Owners and Collaborators, and is not responsible to either the Project Owner or the @@ -93,8 +93,7 @@ payments is solely between those parties. 1. Terms for Givers - 1. Givers can make payments to Project Owners because of the Project's Work - and for no other reason. + 1. Givers may only make payments to Project Owners for the Project's Work. 1. You understand and acknowledge that your payment does not entitle you personally to receive any goods or services from the Project Owner, unless