Dated July 2, 2008
1. ACCEPTANCE OF TERMS OF USE
Meebo, Inc. ("Meebo") owns and runs various websites, including but not limited to meebo.com, meebome.com, and meeborooms.com, and any part of them, (the "Websites").
By accessing and using the Websites, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE THE WEBSITES IN ANY MANNER. Meebo reserves the right to limit or terminate your access to the Websites if you do not comply with these Terms of Use.
You must be at least 13 to use the Websites. If Meebo discovers through reliable means that you are younger than 13, Meebo will cancel your account.
Meebo reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of the Websites after the posting of any changes to the Terms of Use means that you have accepted those changes.
2. RESTRICTIONS ON USE OF THE WEBSITES
Content You Post to the Websites
You may post and share comments and content with other users through the Websites. By using the Websites, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:
a. is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially,
ethnically or otherwise offensive or discriminatory;
b. is obscene, pornographic, excessively violent or harmful to minors or depicts minors
engaged in sexually explicit conduct or in a sexually explicit manner;
c. is illegal;
d. is tortious, defamatory, libelous or invasive of another's privacy or publicity rights;
e. infringes any patent, trademark, trade secret, copyright or other proprietary or
intellectual property rights of any party;
f. you do not have a right to make available under law or contractual or fiduciary
relationships;
g. includes copyrighted materials for which you do not possess appropriate rights to so
display, perform or otherwise make available;
h. bears any false, disguised or misleading origin;
g. contains software viruses or any other computer code, files or programs designed to
destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.
All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you upload, post, cause a display or performance of, email, transmit or otherwise make available via the Websites. Meebo reserves the right to, but has no obligation to, monitor or screen the content posted and/or displayed or performed in the Websites and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST, CAUSE TO BE DISPLAYED OR PERFORMED IN ANY AREAS OF THE WEBSITES AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE THE WEBSITES AND THE SERVICES PROVIDED THEREBY.
Prohibited Activities
You may not use the Websites to do any of the following:
a. harass or advocate harassment of another person or entity;
b. perform any activities that violate, intentionally or unintentionally, any applicable
state, local, federal, or international laws or regulations promulgated by governmental
agencies that have the force of law;
c. provide resources to or otherwise support any organization(s) designated by the
United States government as a foreign terrorist organization under section 219 of the
Immigration and Nationality Act;
d. impersonate any person or entity or misrepresent in any way your affiliation with a
person or entity;
e. transmit unsolicited mass mailings or "spam;"
f. collect or store any information about other users or members, other than in the
normal course of using the Websites for their intended purpose of facilitating voluntary
communication among users;
g. transmit any virus, worm, defect, Trojan horse or similar destructive or harmful
item.
You may not do any of the following to the Websites:
a. use the Websites in any manner that could damage, disable, overburden, disrupt or
impair the Websites or any Meebo server, or the network(s) connected to any Meebo
server, or interfere with any other party.s use and enjoyment of the Websites
b. disobey any applicable policies or regulations of networks connected to the
Websites;
c. modify, adapt, translate or reverse engineer the Websites
d. use any robot, spider, site search/retrieval application, or other device to retrieve or
index any portion of the Websites;
e. frame the Websites or reformat them in any way; or
f. create user accounts using any automated means or under false pretenses.
Other Requirements
To the extent that you use or connect to any third party messaging and/or content delivery systems through the Websites, you agree that you will comply with all terms and conditions of use for such third party systems, including without limitation, the proper registration for, acquisition and use of a user name and password for such system.
You understand that the Websites and services offered thereby are offered to the public free of charge. If you use the Websites to advertise products or services in any way other than pursuant to a Advertising Agreement executed by you and Meebo ("Unauthorized Advertising"), Meebo reserves the right to restrict your access to the Websites and to contact you about such Unauthorized Advertising. If you are so contacted and wish to continue using the Websites for commercial use, you may request, or Meebo may request that you work with Meebo, subject to Meebo's approval, to execute an Advertising Agreement defining the terms and conditions under which you may advertise on the Websites.
3. NO RESPONSIBILITY FOR THIRD PARTY CONTENT
You understand that the Websites, including Meebo Rooms, act only as a forum and technical interface between users and that Meebo does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to Meebo. Meebo cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.
You understand that you may be exposed to content that you find offensive to you, and that you use the Websites at your own risk.
4. INTERSTATE AND INTERNATIONAL USE
Users in the European Union consent to the collection and processing of personal information, as described in this Agreement, in the United States. All users understand the potential cross-border nature of communications made using the Websites, and acknowledge that using the Websites may result in interstate and international transmission of data.
5. NOTICE TO USERS OF MEEBO ROOMS
You understand that linking to or otherwise embedding a room from the Meebo Rooms service (a "Meebo Room") in another site ( a "Room Link" and the Room thereby displayed, a "Room Instance") is subject to the policies of the receiving site and to the technical capabilities of your browser. You understand that each Room Link requires an open connection to receive the content stream for any embedded Meebo Room. If you create one or more Room Instances that are accessible from websites under your domain that together have more than two hundred (200) aggregate simultaneous peak users, Meebo reserves the right to contact you, restrict your access to the Websites, and/or terminate such Room Instance. In addition, Meebo reserves the right to terminate any Room Instance in its discretion, including at the request of the owner of the content featured in the Meebo Room or if Meebo determines that the Room Instance may cause harm to Meebo's business.
Meebo reserves the right to terminate a Meebo Room, remove users from a Meebo Room and/or limit the number of Room Instances of any given Meebo Room if Meebo determines in its sole discretion that not doing so could adversely affect the Websites, Meebo, or its users. Users of Meebo Rooms may not create a Room Link or otherwise embed or cause to display any instance of any Meebo Room on any website that contains, propagates, or otherwise displays any adult, illegal or patently offensive content.
You understand that no content appearing in any Meebo Room, except for the chat history, is hosted or served on the Meebo servers, and that, as a result, Meebo has no control over the accessibility of content from third party servers, nor does it guarantee the accuracy, quality or integrity of content posted or displayed in any Meebo Room.
You also understand that Meebo offers users of Meebo Rooms the ability to mark content posted in a room of which they are a member as inappropriate ("User Flagged Content"). User Flagged Content may automatically and immediately be removed from the Meebo Room(s) in which it was flagged. MEEBO IS NOT RESPONSIBLE FOR NON-DISPLAY OR INCORRECT DISPLAY OF ANY CONTENT IN A MEEBO ROOM. Meebo reserves the right to, but shall not be obligated to, review User Flagged Content and may determine in its sole discretion and in compliance with all applicable laws whether to re-post any previously removed User Flagged Content to the Meebo Room in which it was originally posted. Meebo shall be under no obligation to review any User Flagged Content once it is removed from the Websites.
6. LICENSE AND CONFIDENTIAL INFORMATION
By posting information or content to, or otherwise causing content to be displayed on, the Websites, including in any Meebo Room, you automatically grant, and you represent and warrant that you have the right to grant, to Meebo an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
No information or content of any kind that you submit to Meebo, upload, post, cause to be displayed or performed, transmit or otherwise make available using the Websites shall be deemed confidential or secret information.
7. COPYRIGHT AND TRADEMARKS INFORMATION
COPYRIGHT NOTICE: Copyright © 2005 - 2007 Meebo, Inc. All Rights Reserved.
"Meebo" is a registered trademark of Meebo, Inc. All other trademarks, trade names, service marks, service names are the property of their respective holders, including but not limited to, the following:
8. COPYRIGHT POLICY
In addition to any other use restrictions set forth in this Agreement, you may not engage in or facilitate the posting, modification, distribution, reproduction of any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Meebo to terminate all privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Company by the copyright owner or the copyright owner's legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Websites in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Websites; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Meebo's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
By email: antipiracy@meebo.com (Attn: Copyright Agent). With a copy by mail to: 215 Castro St., 3rd Floor, Mountain View, CA 94041 (Attn: Copyright Agent).
9. PRIVACY POLICY
Meebo respects your desire for privacy. Meebo's Privacy Policy can be found at http://www.meebo.com/privacy. By using the Websites, you are consenting to the terms of our Privacy Policy.
10. THIRD PARTY WEB SITES, SERVICES, AND CONTENT
The Websites may contain links to third-party sites that are not under the control of Meebo, and Meebo is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Meebo endorses or accepts any responsibility for the content on such third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found on or through the Websites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Meebo is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Websites.
In addition, links to advertising that has not been approved by Meebo may be embedded in third party content displayed on the Websites. Meebo is not responsible for any content, cookies, or other technology used in connection with such advertising.
Provisions Relating to AOL Instant Messenger and Other Third Party Messaging Services
Meebo users can use Meebo to log into and use their accounts with different third party instant messaging services. Your use of any third party instant messaging service through Meebo is subject to the terms and conditions of those services.
AOL Instant Messenger
One of the services available through Meebo is AOL Instant Messenger "AIM". For more information about the accessibility of AIM through Meebo, see the "AIM Enabled" website.
The following provisions apply to your use of AIM through Meebo:
When you use AIM, AOL's collection of data is subject to its own privacy policies, available at http://about.aol.com/aolnetwork/mem_policy and http://about.aol.com/aolnetwork/aol_pp
Meebo may also collect data about you when you use AIM, and that collection of data is subject to Meebo's privacy policy, which may differ from AOL's privacy policies.
11. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY; ABILITY TO CHANGE OR TERMINATE WEBSITES
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION AND SERVICES OFFERED ON THIS WEB SITE IS PROVIDED .AS-IS. WITHOUT WARRANTY OF ANY KIND AND MEEBO HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, MEEBO DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. In no event shall Meebo be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Websites or information available from the Websites.
Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Websites. The Websites may contain technical inaccuracies or typographical errors. Meebo assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on the Websites.
Meebo may terminate or make changes to all or any portion of the Websites, product offerings, and any other information and materials on the Websites and may delete any content that has been submitted to the Websites at any time and without notice or liability.
12. INDEMNITY
You agree to indemnify, defend, and hold Meebo and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of the Websites, your connection to the Websites, your violation of the Terms of Use or Privacy Policy, or your violation of any rights of other users of the Websites. Any such indemnification shall include the payment of reasonable attorneys. fees incurred in the defense of such claim.
13. TERMINATION OF ACCESS TO MEEBO; CONSEQUENCES OF VIOLATION OF TERMS OF USE
Meebo reserves the right to terminate your privilege to use the Websites at any time for any reason. In addition, Meebo shall have the right to (i) remove any material that in its sole opinion may violate, or that is alleged to violate, any applicable law or these Terms of Use; (ii) terminate a Meebo Room or any other portion of the Websites, and/or remove a user or users from a Meebo Room or otherwise terminate any use of the Websites if Meebo determines in its sole discretion or had a good faith concern that such use is unlawful and/or prohibited by these Terms of Use; and (iii) inform law enforcement of any illegal activity or material Meebo suspects or discovers on, through, or otherwise relating to the Websites and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.
14. GENERAL INFORMATION
The Terms of Use, the Privacy Policy and any applicable guidelines posted on the Websites constitute the entire agreement between you and Meebo, govern your use of the Websites, and supersede any prior agreements between you and Meebo relating to your use of the Websites (including, but not limited to, any prior versions of the Terms of Use or Privacy Policy). If you sign up or register for additional Meebo services that use third-party content or third-party software, you may also be subject to additional terms and conditions that apply to such third-party content or third-party software. By accessing the Websites you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the use of the Websites, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the City and County of Santa Clara in the State of California, USA. The failure of Meebo to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties. intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Websites, the Terms of Use or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred. All headings in the Terms of Use are for convenience only and have no legal or contractual effect.
15. COMMENTS AND QUESTIONS
If you have any comments or questions you may address them to the customer service department at Meebo at comments@meebo.com, or via mail addressed to Customer Service, Meebo, Inc., 215 Castro St., 3rd Floor, Mountain View, CA 94041.
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