These are our terms of service. They're long and detailed, but they're here to protect both you and us - and make sure we have a long and happy relationship together. Please take a moment to review all of these terms so you know what you're agreeing to.
We are a writer on the Ghost.org Platform under PhoenixCapitalBlog.com
If you find a Ghost.org account which you believe violates our terms of service, please contact us immediately and let us know.
Please read this Agreement carefully before accessing the Website or using the Services. By accessing the Website or using the Services or any part thereof, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any Services. If these terms and conditions are considered an offer by Ghost Foundation, acceptance is expressly limited to these terms. The Website and Services are available only to individuals who are at least 13 years old.
Violation of any of the terms below will result in the termination of your account. You agree to use the Website and Services at your own risk.
1. Your Ghost.org Account
If you create a user account to avail yourself of the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under your account. If you create a site using our Services, you must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Ghost Foundation may at its sole and unfettered discretion change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Ghost Foundation liability. You must immediately notify Ghost Foundation of any unauthorized access to or activity on your account, your site, or any other breaches or suspected breaches of security. Ghost Foundation will not be liable for any acts or omissions by you or in connection with your site and your account, whether authorized or unauthorized, including any actions, proceedings, claims, damages, liabilities, charges, losses, or costs and expenses (including without limitation, legal costs and expenses and costs of other professionals and any penalties or other amounts levied).
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Ghost Foundation cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2. Responsibility of Users
2.1 User-Generated Content
Ghost Foundation allows users to publish Content using its Services. “Content” includes but is not limited to text, graphics, documents, photographs, images, music, audio files, video files, information, data records, computer software, and any other form of digital or electronic files or data.
If you operate a site, comment on a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of our Services, you are creating or making available Content (“Your Content”).
Rights to Your Content: You represent and warrant that you own or otherwise have all the necessary rights to provide Your Content submitted to the Services, whether directly or indirectly, and represent and warrant that Your Content is accurate, non-confidential, and that it does not and will not infringe any intellectual property rights or personal data rights of any third party.
Grant of license: By submitting Your Content to Ghost Foundation's Services, you grant Ghost Foundation a perpetual, irrevocable, world-wide, sublicensable, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish Your Content solely for the purpose of displaying, distributing and promoting your site.
Waiver of rights: You understand and agree to waive any rights you may have against Ghost Foundation, our assignees, sublicensees, and their assignees, in relation to the use of Your Content in connection with the provision of the Services.
Deletion of Content: If you delete Your Content, Ghost Foundation will use reasonable efforts to remove it from your site, but you acknowledge that caching or references to Your Content may not be made immediately unavailable.
Backups: You are solely responsible for securing and backing up Your Content.
Exclusion of liability: You are entirely responsible for the content of, and any harm resulting from, Your Content. We take no responsibility and shall assume no liability for Your Content.
By using any Service, you agree not to do, or permit others to do, any of the following:
- Through the Website, your site, or using our Services, transmit, distribute, post, store, link, or otherwise traffic in Content that you believe or have reasonable grounds to suspect:
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity;
- invades any individual’s rights of privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
- is fraudulent, false, misleading, deceptive, untruthful or inaccurate;
- is defamatory or libellous;
- is offensive, profane, contains or depicts pornography that is in breach of applicable laws and regulations;
- promotes discrimination, bigotry, racism, hatred, harassment, abuse or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person;
- promotes illegal or harmful activities or substances in breach of applicable laws and regulations
- Send any unauthorized or unsolicited advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use, display, mirror or frame any Service or any individual element within a Service, the Ghost Foundation name, the name of any Service, any Ghost Foundation trademark or trademark of any Service, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Ghost Foundation’s express written consent;
- Access, tamper with, or use non-public areas of any Service, Ghost Foundation’s computer systems, or the technical delivery systems of Ghost Foundation or our providers;
- Attempt to probe, scan, or test the vulnerability of any Service or Ghost Foundation’s network, or breach any of Ghost Foundation’s security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Ghost Foundation or any of our providers or any other third party (including another user) to protect the Services or data stored on our Services (including Content);
- Attempt to access or search any Service, or download without authorization data (including Content) from any Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the Software and/or search agents provided by Ghost Foundation or by other generally available third-party web browsers;
- Use any meta tags, hidden text or metadata utilizing a Ghost Foundation or Service trademark, logo, URL, or product name without Ghost Foundation’s express written consent;
- Use any Service or the Content for any commercial purpose or the benefit of any third party or in any manner not permitted by this Agreement;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use any Service to send altered, deceptive or false source-identifying information;
- Except as authorized, attempt to decipher, decompile, disassemble or reverse engineer any of the software or systems used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing Ghost Foundation or the Services;
- Collect or store any personal data from the Services or Ghost Foundation, or from other users of our Services, for any reason whatsoever, including anyone’s identification documents or sensitive financial information;
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity, including any of Ghost Foundation’s employees or representatives;
- Violate any applicable law or regulation;
- Carry out any act that is otherwise inappropriate as determined by Ghost Foundation in its sole and unfettered discretion; or
- Encourage or enable any other individual to do any of the foregoing.
2.3 Reserved Rights
Without prejudice to any other rights that Ghost Foundation may have at law or in equity, Ghost Foundation has the right (though not the obligation) to, in its sole and unfettered discretion:
- Refuse or remove any Content (including Your Content) that, in Ghost Foundation’s opinion, violates any Ghost Foundation policy or is in any way harmful or objectionable;
- Remove or disable access your access to the Services if, in Ghost Foundation’s opinion, you have violated of the terms of this Agreement, or that harm has or will be done to Ghost Foundation or the Services;
- Investigate and prosecute any violations of the prohibited actions at clause 2.2 (Prohibitions) above to the fullest extent of the law;
- At any time, involve and cooperate with enforcement authorities in prosecuting users who violate the terms of this Agreement;
- Cancel unconfirmed accounts or accounts that have been inactive for a long time;
- Modify or discontinue the Services;
- Disclose your identity to any third party claiming that Your Content constitutes a violation of their intellectual property rights, or of their rights to privacy;
- Terminate or deny access to and use of the Services to any individual or entity at any time and for any reason.
Ghost Foundation will have no obligation to provide a refund of any amounts previously paid.
Ghost Foundation shall have no obligation to monitor your access to or use of the Services or Content, or to review or edit any Content. However, we shall have the right to review, edit, delay, or remove Your Content for the purpose of operating the Services, to ensure your compliance with the terms of this Agreement, or to comply with the law or the order or requirement of a court, administrative agency or other governmental body.
3. Payment and Renewal
3.1. General Terms
Optional paid services such as extra storage, or domain purchases are available on the Website (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Ghost Foundation the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
3.2. Automatic Renewal
Unless you notify Ghost Foundation before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time in the Upgrades section of your site's dashboard.
3.3 Refund Policy
Unless indicated otherwise at the explicit discretion of Ghost Foundation, all sales are final and no refunds are provided for any products or services provided. Any sales made via the Ghost.org Marketplace are subject to the refund policy of their respective owners.
4. Responsibility of Website Visitors
Ghost Foundation has not reviewed, and cannot review, all of the Content, including computer software, made available through our Services, and cannot therefore be responsible for that Content. Ghost Foundation makes no representations, warranties or guarantees, whether express or implied, that Content is accurate, complete or up to date, that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Ghost Foundation disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading, copying or use by those visitors of Content there posted. The views expressed by other users on our Website or through our Services do not represent our views or values.
5. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through third party websites and webpages to which Ghost.org links, or that link to Ghost.org. Ghost Foundation does not have any control over third party websites and webpages, and is not responsible for their contents or use. By linking to a third party website or webpage, Ghost Foundation does not represent, warrant, guarantee, or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Ghost Foundation disclaims any responsibility for any harm resulting from your access or use of third party websites and webpages.
6. Copyright Infringement and DMCA Policy
As Ghost Foundation asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Ghost.org violates your copyright, you are encouraged to notify Ghost Foundation via our contact page. Ghost Foundation will respond to all valid notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Ghost Foundation will terminate a user's access to and use of our Services if the user is determined, at Ghost Foundation’s sole and unfettered discretion, to be a repeat infringer of the copyrights or other intellectual property rights of Ghost Foundation or others.
7. Intellectual Property
All intellectual property rights in the Services, including trademarks, service marks, graphics and logos used in connection with the Services, belong to Ghost Foundation or Ghost Foundation’s licensors.
Ghost Foundation retains all right, title and interest in and to all of its intellectual property rights, including but not limited to all intellectual property rights in connection with “Ghost Foundation”, “Ghost”, “Ghost.org”, and the Ghost logo device. Other trademarks, service marks, graphics and logos used in connection with the Website or Services may be the trademarks of other third parties.
Nothing in this Agreement transfers to you any right, interest, or ownership in any intellectual property, or extends to you any license of any intellectual property, including any right or license to reproduce or otherwise use any trademark.
Ghost Foundation and any third party proprietors of intellectual property rights used in connection with the Website or Services shall each retain ownership of their respective intellectual property rights.
8. Marketplace Products
By using a product from the Ghost.org Marketplace, you agree to the creator's terms of service. You can opt out of their terms of service at any time by ceasing to use the product in question.
9. Domain Names
Ghost Foundation works in cooperation with partners to ensure that you are able to use your own domain name with your Ghost.org site. By using a domain from one of Ghost Foundation's partners you agree to the partner's terms of service.
Ghost Foundation reserves the right, at its sole and unfettered discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Ghost Foundation may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Ghost Foundation may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Ghost.org account (if you have one), you may simply discontinue using the Website and our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions including ownership of intellectual property rights, warranty disclaimers, indemnities and limitations of liability.
The Services are provided "as is". Ghost Foundation and its suppliers and licensors hereby disclaim all representations and warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Ghost Foundation nor its suppliers and licensors, makes any warranty that the Services will be accurate, error free, or that access thereto will be continuous or uninterrupted. You understand that you use, download from, or otherwise obtain benefits through, the Services at your own discretion and risk.
13. Limitation of Liability
In no event will Ghost Foundation, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. Ghost Foundation shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Without prejudice to the above and to the extent permitted by law, in the event that Ghost Foundation is found to be liable to you in any way, such liability will be limited to the amount of fees paid by you to Ghost Foundation under this agreement during the twelve (12) month period prior to the cause of action.
14. General Representation and Warranty
You hereby agree to indemnify Ghost Foundation and its contractors, licensors, and their respective directors, officers, employees and agents, against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Ghost Foundation arising out of or in connection with any breach of the warranties contained in this Agreement, your breach or negligent performance or non-performance of this Agreement, the enforcement of this Agreement, and any claim made against Ghost Foundation (including but not limited to actual or alleged infringement of a third party's intellectual property rights) arising out of or in connection with your Content.
This Agreement constitutes the entire agreement between Ghost Foundation and you concerning the subject matter hereof. The Agreement and these conditions shall be governed by and construed in accordance with the law of England and Wales. Unless any alternative dispute resolution procedure is agreed between the parties, the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute which arises out of or under this Agreement. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid, illegal, or unenforceable, the remaining terms and provisions shall not be affected by such invalidity, illegality, or unenforceability, and shall remain in full force and effect, and such invalid, illegal, or unenforceable term or provision shall be deemed not to be part of these terms. The failure of either party to enforce at any time a term or condition of this Agreement shall in no way be interpreted as a waiver of such term or condition, or any subsequent breach thereof. You may assign your rights under this Agreement to any party that agrees to the terms of this Agreement in writing; Ghost Foundation may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
17. Additional Terms
If you avail yourself of any Additional Services provided by Ghost Foundation, the additional terms below shall apply to in relation to the respective Additional Service provided to you.
17.1. Data Migration Assistance
Ghost Foundation shall at its sole and exclusive discretion provide reasonable data migration assistance upon request and will advise you of the scope of migration assistance and potential costs at the appropriate time.
Time limit: Generally, data migration assistance shall be capped at three (3) weeks. If data migration is not completed within this time frame, Ghost Foundation may impose reasonable additional service charges for any further data migration assistance you require.
Exclusion and limitation of liability: Without prejudice to Clause 13 and for the avoidance of doubt, Ghost Foundation shall not be liable for any liabilities, costs, expenses, damages including special damages, and losses(including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses (collectively, “Losses”), that may arise in the course of or in connection with Ghost Foundation's provision of data migration assistance or in relation to loss of data or planned or unplanned down-time of any Services provided by Ghost Foundation. You understand and agree that you request Ghost Foundation's assistance with data migration at your own risk.
In the event that liability for such Losses cannot be excluded, Ghost Foundation's liability to you shall be limited to US$100, and you understand and agree that this remedy is fair and equitable in view of Ghost Foundation's provision of complimentary data migration assistance to you.
17.2. Ghost marketplace
Ghost Foundation receives support from independent third party developers and businesses who offer themes, integrations, expertise, customization and more ("Marketplace Vendors"). Ghost Foundation provides an online marketplace (the “Ghost Marketplace”) for you to discover and engage Marketplace Vendors.
For the avoidance of doubt, Marketplace Vendors are not agents, employees, partners, or representatives of Ghost Foundation, and operate entirely independently from Ghost Foundation. Ghost Foundation therefore cannot be liable for any Losses that may arise in the course of or in connection with your engagement of Marketplace Vendors.
Ghost Foundation does not (i) vouch for the quality of goods or services provided by Marketplace Vendors; (ii) guarantee the suitability of a Marketplace Vendor for your needs; or (iii) make any representation to you that you should engage any Marketplace Vendor for any reason. You understand and agree that you engage Marketplace Vendors at your own risk. By engaging a Marketplace Vendor, you warrant to Ghost Foundation that you have conducted your own assessments of the suitability of the Marketplace Vendor for your needs and quality of the Marketplace Vendor's goods or services before deciding to engage them.
17.3. Service levels / Threat and Uptime Management
If you subscribe to an active, paid Ghost(Pro) subscription (the “Ghost(Pro) Plan”), you will receive the following service levels:
Guaranteed minimum uptime: The Ghost Foundation hosted services and platform (collectively, the “System”) shall have a minimum of 98% uptime, excluding any scheduled maintenance, calculated on a monthly basis. The unit of measurement for uptime and downtime (whether scheduled or unscheduled) shall be in hours.
Scheduled maintenance: Ghost Foundation shall give you one (1) week's advance notice in writing if it intends to conduct scheduled maintenance resulting in downtime of the System.
Unscheduled maintenance: Ghost Foundation shall notify you of unscheduled maintenance as soon as practicable.
Major incidents: Defined as a problem that causes complete loss of service to the System's production environment and use of the System is unable to reasonably continue. Workarounds to provide the same functionality are not possible and unable to be found in time to minimize the impact on the customer's business. The problem has one or more of the following characteristics: (i) a large number of users unable to access the System; (ii) critical functionality is unavailable; and/or (iii) integrity of the System is affected.
- Response time: 1 hour from notification of incident
- Resolution time (inclusive of response time): 6 hours from notification of incident
Minor incidents: Defined as any other problems relating to the System or provision of services.
- Response time: 12 hours from notification of incident
- Resolution time (inclusive of response time): 2 weeks from notification of incident
Service level credits: In the event Ghost Foundation fails to meet the guaranteed minimum uptime levels or the response and resolution times described above in relation to the Ghost(Pro) Plans in a given month, Ghost Foundation shall provide you with service level credits amounting to the value of one (1) month of your subscription to the Ghost(Pro) Plan.
All undisputed service level credits that have accrued shall automatically be applied to your next-issued subscription bill. For the avoidance of doubt, service level credits may not be used to offset any existing payment owed.
17.4. Integration With Third Party Security Providers
If you subscribe to a Ghost(Pro) Plan, Ghost Foundation will include enterprise-grade security, provided through third party integrations, as part of your subscription. Ghost Foundation requires its third party security providers to provide, at a minimum, 24/7 DDoS mitigation, Web Application Firewalls, brute force protection, and automatic rate limiting.
While Ghost Foundation uses its best efforts to ensure that Your Content is protected, the internet carries inherent risks. You understand and agree that Ghost Foundation does not control these third party security providers. Without prejudice to Clause 13 and for the avoidance of doubt, Ghost Foundation cannot be liable for Losses arising as a result of or in connection with a failure of the services provided by these third party security providers or unanticipated changes to APIs by the third party security providers that may result in disruptions to the integrated security features.
In the event that liability for such Losses cannot be excluded, Ghost Foundation's liability to you shall be limited to US$100, and you understand and agree that this remedy is fair and equitable in view of Ghost Foundation's provision of complimentary third party enterprise-grade security integrations.