The Gravatar Terms govern the terms and conditions under which you may use the website located at www.gravatar.com and related services by Automattic, including without limitation, the user accounts, profiles, avatars, technology, and other content and materials offered on or through that website (collectively, “Services”, and each of which shall be deemed a “Website” for purposes of the Terms of Service (defined below)). The Gravatar Terms supplement the Terms of Service located at http://wordpress.com/tos/ (the “Terms of Service”), including without limitation, the Responsibilities of Website Visitors, all warranty disclaimers, limitations of liability, and dispute resolution provisions therein, which shall apply to the subject matter of these Gravatar Terms, and which are incorporated herein by this reference. If there is any conflict between the Gravatar Terms and the Terms of Service, the Gravatar Terms will govern. All capitalized terms that are not defined herein have the meaning specified in the Terms of Service.');
Automattic may update the Gravatar Terms from time to time. Your continued use of the Services following notification of such updates constitutes your acceptance of those changes.
1. User Submissions. The Services may provide you with the ability to create, upload, distribute or post (“Submit(ting)”) data, photographs, avatars, software, graphics, profile and other information to the Services (collectively, the “User Submissions”). By Submitting User Submissions, you acknowledge that you are publishing that User Submission, and that you may be identified publicly by your avatar and other User Submissions (e.g., in connection with your blogs, comments and/or email address) by Automattic, third party Gravatar-enabled websites (as that term in defined below), and others. More specifically, you hereby do and shall grant to Automattic a worldwide, perpetual, irrevocable, royalty-free and fully-paid, transferable (including rights to sublicense) right to perform the Services (e.g., to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exercise and exploit all intellectual property, publicity, and moral rights with respect to any User Submissions, and to allow others to do so).
By Submitting, you agree to be solely responsible for the User Submissions and release Automattic from any liability related to your use of the Services. You warrant, represent and agree that you will not Submit any User Submissions or otherwise use the Services in a manner that (i) infringes the intellectual property or proprietary rights, or rights of publicity or privacy, of any third party; (ii) violates any law, statute, ordinance or regulation; or (iii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable. You understand that Automattic shall not be responsible or liable for controlling or editing any User Submission, for any errors or omissions in any User Submission, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any User Submission; nor can Automattic ensure prompt removal of inappropriate or unlawful content or guarantee the identity of any other users or websites with whom you may interact in the course of using the Services.