extends base append base_body :markdown # A. Definitions + An "Account" represents your legal relationship with **TOTEM**. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on **TOTEM**. “Organizations” are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A User Account can be a member of any number of Organizations. + The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the **TOTEM** Privacy Statement, available at http://totem.hopto.org/privacy) and procedures that we may publish from time to time on the Website. Most of our site policies are available at http://totem.hopto.org/policies. + "Beta Previews" mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings. + “Content” refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own. + “**TOTEM**,” “We,” and “Us” refer to **TOTEM**, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees. + The “Service” refers to thae applications, software, products, and services provided by **TOTEM**, including any Beta Previews. + “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for business or government Accounts (See Section B(5): Additional Terms). + The “Website” refers to **TOTEM**’s website located at http://totem.hopto.org, and all content, services, and products provided by **TOTEM** at or through the Website. It also refers to **TOTEM**-owned subdomains of http://totem.hopto.org, such as education.http://totem.hopto.org and pages.http://totem.hopto.org. These Terms also govern **TOTEM**’s conference websites, such as http://totem.hopto.org, and product websites, such as atom.io. Occasionally, websites owned by **TOTEM** may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service. # B. Account Terms User Accounts and Organizations have different administrative controls; a human must create your Account; you must be 13 or over; you must provide a valid email address; and you may not have more than one free Account. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure. ## 1. Account Controls Users. Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it. Organizations. The "owner" of an Organization that was created under these Terms has ultimate administrative control over that Organization and the Content within it. Within the Service, an owner can manage User access to the Organization’s data and projects. An Organization may have multiple owners, but there must be at least one User Account designated as an owner of an Organization. If you are the owner of an Organization under these Terms, we consider you responsible for the actions that are performed on or through that Organization. ## 2. Required Information You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes. ## 3. Account Requirements We have a few simple rules for User Accounts on **TOTEM**'s Service. + You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts: A machine account is an Account set up by an individual human who accepts the Terms on behalf of the Account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the Account is ultimately responsible for the machine's actions. You may maintain no more than one free machine account in addition to your free User Account. + One person or legal entity may maintain no more than one free Account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine). + You must be age 13 or older. While we are thrilled to see brilliant young coders get excited by learning to program, we must comply with United States law. **TOTEM** does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s Account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws. + Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many User Accounts as your subscription allows. + You may not use **TOTEM** in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use **TOTEM** if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency. **TOTEM** may allow persons in certain sanctioned countries or territories to access certain **TOTEM** services pursuant to U.S. government authorizations. For more information, please see our Export Controls policy. ## 4. User Account Security You are responsible for keeping your Account secure while you use our Service. We offer tools such as two-factor authentication to help you maintain your Account's security, but the content of your Account and its security are up to you. + You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account). + You are responsible for maintaining the security of your Account and password. **TOTEM** cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. + You will promptly notify **TOTEM** if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account. ## 5. Additional Terms In some situations, third parties' terms may apply to your use of **TOTEM**. For example, you may be a member of an organization on **TOTEM** with its own terms or license agreements; you may download an application that integrates with **TOTEM**; or you may use **TOTEM** to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you. If you are a government User or otherwise accessing or using any **TOTEM** Service in a government capacity, this Government Amendment to **TOTEM** Terms of Service applies to you, and you agree to its provisions. If you have signed up for **TOTEM** Enterprise Cloud, the Enterprise Cloud Addendum applies to you, and you agree to its provisions. # C. Acceptable Use \**TOTEM** hosts a wide variety of collaborative projects from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow the terms of this section, which include some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other. Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations. You agree that you will not under any circumstances violate our Acceptable Use Policies or Community Guidelines. #D. User-Generated Content You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close Accounts if we need to. ## 1. Responsibility for User-Generated Content You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content. ## 2. **TOTEM** May Remove Content We have the right to refuse or remove any User-Generated Content that, in our sole discretion, violates any laws or **TOTEM** terms or policies. User-Generated Content displayed on **TOTEM** for mobile may be subject to mobile app stores' additional terms. ## 3. Ownership of Content, Right to Post, and License Grants You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post. Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other **TOTEM** Users — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content. If you upload Content that already comes with a license granting **TOTEM** the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.7. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have forked it. ## 4. License Grant to Us We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video. This license does not grant **TOTEM** the right to sell Your Content. It also does not grant **TOTEM** the right to otherwise distribute or use Your Content outside of our provision of the Service, except that as part of the right to archive Your Content, **TOTEM** may permit our partners to store and archive Your Content in public repositories in connection with the **TOTEM** Arctic Code Vault and **TOTEM** Archive Program. ## 5. License Grant to Other Users Any User-Generated Content you post publicly, including issues, comments, and contributions to other Users' repositories, may be viewed by others. By setting your repositories to be viewed publicly, you agree to allow others to view and "fork" your repositories (this means that others may make their own copies of Content from your repositories in repositories they control). If you set your pages and repositories to be viewed publicly, you grant each User of **TOTEM** a nonexclusive, worldwide license to use, display, and perform Your Content through the **TOTEM** Service and to reproduce Your Content solely on **TOTEM** as permitted through **TOTEM**'s functionality (for example, through forking). You may grant further rights if you adopt a license. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other **TOTEM** Users. ## 6. Contributions Under Repository License Whenever you add Content to a repository containing notice of a license, you license that Content under the same terms, and you agree that you have the right to license that Content under those terms. If you have a separate agreement to license that Content under different terms, such as a contributor license agreement, that agreement will supersede. Isn't this just how it works already? Yep. This is widely accepted as the norm in the open-source community; it's commonly referred to by the shorthand "inbound=outbound". We're just making it explicit. ## 7. Moral Rights You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise. To the extent this agreement is not enforceable by applicable law, you grant **TOTEM** the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service. # E. Private Repositories We treat the content of private repositories as confidential, and we only access it as described in our Privacy Statement—for security purposes, to assist the repository owner with a support matter, to maintain the integrity of the Service, to comply with our legal obligations, if we have reason to believe the contents are in violation of the law, or with your consent. ## 1. Control of Private Repositories Some Accounts may have private repositories, which allow the User to control access to Content. ## 2. Confidentiality of Private Repositories **TOTEM** considers the contents of private repositories to be confidential to you. **TOTEM** will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care. ## 3. Access **TOTEM** personnel may only access the content of your private repositories in the situations described in our Privacy Statement. You may choose to enable additional access to your private repositories. For example: You may enable various **TOTEM** services or features that require additional rights to Your Content in private repositories. These rights may vary depending on the service or feature, but **TOTEM** will continue to treat your private repository Content as confidential. If those services or features require rights in addition to those we need to provide the **TOTEM** Service, we will provide an explanation of those rights. Additionally, we may be compelled by law to disclose the contents of your private repositories. **TOTEM** will provide notice regarding our access to private repository content, unless for legal disclosure, to comply with our legal obligations, or where otherwise bound by requirements under law, for automated scanning, or if in response to a security threat or other risk to security. # F. Copyright Infringement and DMCA Policy If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on **TOTEM** violates your rights, please contact us via our convenient DMCA form or by emailing copyright@http://totem.hopto.org. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses. We will terminate the Accounts of repeat infringers of this policy. # G. Intellectual Property Notice We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed. ## 1. **TOTEM**'s Rights to Content **TOTEM** and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © **TOTEM**, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from **TOTEM**. ## 2. **TOTEM** Trademarks and Logos If you’d like to use **TOTEM**’s trademarks, you must follow all of our trademark guidelines, including those on our logos page: http://totem.hopto.org/logos. ## 3. License to **TOTEM** Policies This Agreement is licensed under this Creative Commons Zero license. For details, see our site-policy repository. # H. API Terms You agree to these Terms of Service, plus this Section H, when using any of **TOTEM**'s APIs (Application Provider Interface), including use of the API through a third party product that accesses **TOTEM**. Abuse or excessively frequent requests to **TOTEM** via the API may result in the temporary or permanent suspension of your Account's access to the API. **TOTEM**, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension. You may not share API tokens to exceed **TOTEM**'s rate limitations. You may not use the API to download data or Content from **TOTEM** for spamming purposes, including for the purposes of selling **TOTEM** users' personal information, such as to recruiters, headhunters, and job boards. All use of the **TOTEM** API is subject to these Terms of Service and the **TOTEM** Privacy Statement. **TOTEM** may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of **TOTEM**'s Service. # I. **TOTEM** Additional Product Terms You need to follow certain specific terms and conditions for **TOTEM**'s various features and products, and you agree to the Supplemental Terms and Conditions when you agree to this Agreement. Some Service features may be subject to additional terms specific to that feature or product as set forth in the **TOTEM** Additional Product Terms. By accessing or using the Services, you also agree to the **TOTEM** Additional Product Terms. # J. Beta Previews Beta Previews may not be supported or may change at any time. You may receive confidential information through those programs that must remain confidential while the program is private. We'd love your feedback to make our Beta Previews better. ## 1. Subject to Change Beta Previews may not be supported and may be changed at any time without notice. In addition, Beta Previews are not subject to the same security measures and auditing to which the Service has been and is subject. By using a Beta Preview, you use it at your own risk. ## 2. Confidentiality As a user of Beta Previews, you may get access to special information that isn’t available to the rest of the world. Due to the sensitive nature of this information, it’s important for us to make sure that you keep that information secret. Confidentiality Obligations. You agree that any non-public Beta Preview information we give you, such as information about a private Beta Preview, will be considered **TOTEM**’s confidential information (collectively, “Confidential Information”), regardless of whether it is marked or identified as such. You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview (the “Purpose”), and not for any other purpose. You should use the same degree of care as you would with your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You promise not to disclose, publish, or disseminate any Confidential Information to any third party, unless we don’t otherwise prohibit or restrict such disclosure (for example, you might be part of a **TOTEM**-organized group discussion about a private Beta Preview feature). Exceptions. Confidential Information will not include information that is: (a) or becomes publicly available without breach of this Agreement through no act or inaction on your part (such as when a private Beta Preview becomes a public Beta Preview); (b) known to you before we disclose it to you; (c) independently developed by you without breach of any confidentiality obligation to us or any third party; or (d) disclosed with permission from **TOTEM**. You will not violate the terms of this Agreement if you are required to disclose Confidential Information pursuant to operation of law, provided **TOTEM** has been given reasonable advance written notice to object, unless prohibited by law. ## 3. Feedback We’re always trying to improve of products and services, and your feedback as a Beta Preview user will help us do that. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (collectively, “Feedback”), you acknowledge and agree that **TOTEM** will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our products, services, and documentation. # K. Payment You are responsible for any fees associated with your use of **TOTEM**. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change. ## 1. Pricing Our pricing and payment terms are available at http://totem.hopto.org/pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term. ## 2. Upgrades, Downgrades, and Changes We will immediately bill you when you upgrade from the free plan to any paying plan. If you change from a monthly billing plan to a yearly billing plan, **TOTEM** will bill you for a full year at the next monthly billing date. If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately. You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account. Please see our section on Cancellation for information on getting a copy of that Content. ## 3. Billing Schedule; No Refunds Payment Based on Plan For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made. Payment Based on Usage Some Service features are billed based on your usage. A limited quantity of these Service features may be included in your plan for a limited term without additional charge. If you choose to purchase paid Service features beyond the quantity included in your plan, you pay for those Service features based on your actual usage in the preceding month. Monthly payment for these purchases will be charged on a periodic basis in arrears. See **TOTEM** Additional Product Terms for Details. Invoicing For invoiced Users, User agrees to pay the fees in full, up front without deduction or setoff of any kind, in U.S. Dollars. User must pay the fees within thirty (30) days of the **TOTEM** invoice date. Amounts payable under this Agreement are non-refundable, except as otherwise provided in this Agreement. If User fails to pay any fees on time, **TOTEM** reserves the right, in addition to taking any other action at law or equity, to (i) charge interest on past due amounts at 1.0% per month or the highest interest rate allowed by law, whichever is less, and to charge all expenses of recovery, and (ii) terminate the applicable order form. User is solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on **TOTEM**'s net income) that are imposed or become due in connection with this Agreement. ## 4. Authorization By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for **TOTEM**. ## 5. Responsibility for Payment You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay **TOTEM** any charge incurred in connection with your use of the Service. If you dispute the matter, contact **TOTEM** Support. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information. # L. Cancellation and Termination You may close your Account at any time. If you do, we'll treat your information responsibly. ## 1. Account Cancellation It is your responsibility to properly cancel your Account with **TOTEM**. You can cancel your Account at any time by going into your Settings in the global navigation bar at the top of the screen. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel Accounts in response to an email or phone request. ## 2. Upon Cancellation We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your Account is cancelled. We will not delete Content that you have contributed to other Users' repositories or that other Users have forked. Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade. ## 3. **TOTEM** May Terminate **TOTEM** has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. **TOTEM** reserves the right to refuse service to anyone for any reason at any time. ## 4. Survival All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability. # M. Communications with **TOTEM** We use email and other electronic means to stay in touch with our users. ## 1. Electronic Communication Required For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights. ## 2. Legal Notice to **TOTEM** Must Be in Writing Communications made through email or **TOTEM** Support's messaging system will not constitute legal notice to **TOTEM** or any of its officers, employees, agents or representatives in any situation where notice to **TOTEM** is required by contract or any law or regulation. Legal notice to **TOTEM** must be in writing and served on **TOTEM**'s legal agent. ## 3. No Phone Support **TOTEM** only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support. # N. Disclaimer of Warranties We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect. **TOTEM** provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. **TOTEM** does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service. # O. Limitation of Liability We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you. You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from + the use, disclosure, or display of your User-Generated Content; + your use or inability to use the Service; + any modification, price change, suspension or discontinuance of the Service; + the Service generally or the software or systems that make the Service available; unauthorized access to or alterations of your transmissions or data; statements or conduct of any third party on the Service; + any other user interactions that you input or receive through your use of the Service; or + any other matter relating to the Service. Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control. ## P. Release and Indemnification You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved. If you have a dispute with one or more Users, you agree to release **TOTEM** from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that **TOTEM** (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases **TOTEM** of all liability); and (3) provides to you all reasonable assistance, at your expense. # Q. Changes to These Terms We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any material changes and give you time to adjust to them. We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address specified in your **TOTEM** account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service. You can view all changes to these Terms in our Site Policy repository. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice. # R. Miscellaneous ## 1. Governing Law Except to the extent applicable law provides otherwise, this Agreement between you and **TOTEM** and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and **TOTEM** agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California. ## 2. Non-Assignability **TOTEM** may assign or delegate these Terms of Service and/or the **TOTEM** Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void. ## 3. Section Headings and Summaries Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding. ## 4. Severability, No Waiver, and Survival If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of **TOTEM** to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. ## 5. Amendments; Complete Agreement This Agreement may only be modified by a written amendment signed by an authorized representative of **TOTEM**, or by the posting by **TOTEM** of a revised version in accordance with Section Q. Changes to These Terms. These Terms of Service, together with the **TOTEM** Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and **TOTEM** relating to the subject matter of these terms including any confidentiality or nondisclosure agreements. # S Terms of Use & Attribution Policy ## Terms of Use All rights to use or exploit TOTEM data or analysis are conditioned on the user’s adherence to the Attribution Policy outlined below. No user is permitted to (i) use TOTEM’s data or analysis in any manner that may harm, target, oppress, or defame TOTEM, the data subjects, or any group or population, or cause any of the foregoing to be harmed, targeted, oppressed, or defamed; (ii) provide, permit or allow direct access to any of TOTEM’s original/raw data or analysis; (iii) use any of the data or analysis to create, develop, support, or provide benchmarking for any dataset, product, or platform similar to, or in competition with, or would create a functional substitute for, any of TOTEM’s content, products, or platform; and (iv) provide, permit, or allow access to any of the data or analysis by TOTEM's competitors. If you wish to use TOTEM data in your own data collection efforts, please contact us to discuss the terms of use and potential collaboration. Crawling the TOTEM website or API is allowed if done in accordance with the provisions of our robots.txt file and if use is in accordance with our Terms of Use & Attribution Policy, but scraping is prohibited. ## Attribution Policy 1. If using TOTEM data in any way, direct or manipulated, the data must be clearly and prominently acknowledged. Proper acknowledgement includes (1) a footnote with the full citation which includes a/the link to TOTEM’s website (see below for examples), (2) in-text citation/acknowledgement, stating that TOTEM is the source of the data and that the data are publicly available, and (3) clear citation on any and all visuals making use of TOTEM data. 2. If generating a data file for public or private use, and presenting those data to another party, the TOTEM data included must be directly acknowledged in a source column, including TOTEM’s full name and a link: “Protecting the War-Fighter from Bad Data (TOTEM); totem.hoptto.org.” 3. To reference TOTEM products, please cite as follows (substituting for the correct year): TOTEM. (2019). “Protecting the War-Fighter from Bad Data (TOTEM), 2019.” 4. If using TOTEM data in an academic paper or article, please cite as follows: 5. If referring to figures or statistics published in TOTEM analysis, infographics, working papers, etc., please cite the individual analysis piece or paper, including the author(s), using the following format: totem.hopto.org, © 2018 TOTEM All rights reserved. Used with permission from TOTEM. If TOTEM content does not list an author (often the case for documents describing TOTEM methodology), the citation should identify TOTEM as the author. 6. If using TOTEM data in a visual, graphic, map, or infographic of your own, please attribute the source data clearly and prominently on the visual itself or within the key/legend and include a link to TOTEM’s website. 7. If you wish to reproduce or publish a graphic, graph, or map TOTEM has already published (rather than creating an original image using raw data), please cite the individual analysis piece or paper, including the author(s), using the following format: totem.hopto.org, © 2018 TOTEM All rights reserved. Used with permission from TOTEM. If you intend to use TOTEM data or analysis in a manner not described in this Attribution Policy, contact us directly at totem.hopto.org for instructions regarding the attribution requirements. If you have any other questions about the Terms of Use & Attribution Policy, or its application, please feel free to contact us directly at access@TOTEMdata.com.