Updated: February 2006
Thank you for registering on Ning, single free online service for creating your belong to Social Networks.
Those terms out of service covers your make use of of any Ning service for creating along with enjoying Social Networks on the Ning Platform.
Near to registering with Ning, creating, either using Social Networks built on Ning, Inc. (“Ning” nor “all of us”), thou are agreeing toward those terms made from service (“Terms from Service” either “Terms”).
Ning offers per platform for creating your belong to Social Networks (“Platform”). Of us lawyers wish us for define some other terms while thoroughly, thus here it goes:
Ning carries out not claim some ownership rights among the Content or any Code guys provide. You, in similar fashion certain Network Creator, possess the Code y'all develop (“your Code”). Thou also possess each Content guys create also upload (“your Content”). Following posting your Content alternatively your Code, yourself continue up to retain entire ownership rights amid so Content either Code, also thou continue for hold each fair in order to use also license your Content as well as your Code within any manner thou choose.
The ones mentioned Terms made from Service includes single amount out of licenses that are necessary for Ning to make your Network plus your Content available using the Ning Platform. For example, without certain proper for modify Content, Ning could not become able in order to format Content toward meet technical requirements, also without certain proper in order to publicly perform nor publicly display Content, Ning had the ability not make certain Content available for additional Users toward view.
Our team allow Code to remain posted also used within Social Networks beneath some “Ning Code License” (whichever instrument a Ning Public Code License nor any Ning Private Code License, while applicable) alternatively under a GNU Lesser General Public License (LGPL, yet never certain GPL), like described lower down. When y'all post Code to Ning, thou perhaps designate of this kind Code, amid a Code comments, since governed through a Ning Code License or a LGPL.
Ning could, yet is by no means obligated to, review whatever Code toward determine whether like Code is designated with each correct license, and Ning could transform the comments for like Code (alternatively whichever subpart made from of this kind Code) if Ning believes for it designation is incorrect.
Unless the Code you post is third party Code as well as is governed by the LGPL (based on, for example, comments inside each Code), the applicable Ning Code License desire apply toward certain Code guys post on Ning.
Subject up to certain next paragraph, provided guys append Code in order to a Network for what you hold not at all added each Private Code premium service called “Remove Ning Promotion Links” (i.e., Public Code), you grant Ning along with other Users on certain Ning Platform one worldwide, fully sub-licensable, fully paid-up as well as royalty-free, perpetual, irrevocable license in order to use, reproduce, modify, distribute, publicly display, publicly perform, also create derivative works made from who Public Code (“Ning Public Code License”).
Provided a Public Code component thou post is third-party Code (amid whole alternatively among part) along with is governed via certain LGPL, thou grant Ning plus different Users on any Ning Platform some license in order to like Public Code beneath any LGPL.
Subject in order to a next paragraph, if (otherwise after) yourself own added each Private Code premium service to your Network: (1) the Code for whatever Network is thereafter designated while Private Code; (2) guys grant Ning a worldwide, fully sub-licensable license toward every rights necessary for Ning up to make your Network available on certain Ning Platform for alternative Users up to apply (“Ning Private Code License”); (3) Ning shall never thereafter hold each correct to distribute your Private Code except toward a extent necessary up to make your Network available on a Ning Platform; along with (4) Ning testament in no way thereafter enable additional Users to copy your Private Code. Any foregoing performs never limit Ning's either any User's rights under certain LGPL.
Provided per Private Code component you post is third-party Code (in whole either in part) as well as is governed via each LGPL, you grant Ning also another Users on a Ning Platform single license to of this kind Private Code sub- any LGPL.
Around anything purpose, y'all be able to seize your Code via your Network along with cancel your account, yet certain licenses up to your Public Code intend remain in effect. Therefore, thou must only upload Public Code toward any Ning Platform y'all are comfortable sharing with others; in case you want your Code up to remain private, guys shall sign on high for the Private Code premium service earlier yourself post which Code for each Ning Platform.
Thou acknowledge such Ning possibly independently develop Code such is similar in order to Code which you own developed. Y'all agree by no means for sue Ning for infringement of your Code, even if Ning's Code is substantially similar toward yours.
Your Content remains yours. Us claim negative ownership interest inside each Content yourself provide on Networks running on each Ning Platform. However, ourselves also wish toward encourage sharing from Content in between Users and Networks across certain Ning Platform. Up to here conclude, by uploading Content to one Network inside whichever each Content is designated in similar fashion Public Content, thou grant in order to Ning as well as every alternative Users single nonexclusive license in order to reproduce, create derivative works of, distribute, publicly perform, plus publicly display such Content on a condition which each Content is attributed among one manner specified via its own author, when around whole (one “Public Content License”).
In case you upload Content up to some Network amid whichever a Content is designated as Private Content, thou grant in order to Ning also all additional Users from that Network one nonexclusive license toward reproduce, distribute, publicly perform, along with publicly display so Content on who Network (including any RSS feeds plus another distribution such is part made from such Network) (per “Private Content License”).
Unless you expressly condition alternative applicable license terms within connection with your Content submission, the Public Content License desire apply via default toward Public Content plus certain Private Content License intend apply via default toward Private Content.
Ourselves should too mention whatever thou are responsible for making sure whatever yourself have all rights inside certain Content guys post such are necessary for yourself up to grant everyone either the Public Content License nor each Private Content License. (We'll hide this in further detail later.)
Lastly, in case per Network is deleted, any Content associated with which Network perhaps as well seem deleted at the discretion belonging to the Network Creator. Our group ought to encourage guys toward exist sure you are comfortable with current possibility earlier contributing Content in order to one Network.
Ning grants to y'all per Certain Benefits made from Amazon Track for any Content created available through Ning for what Ning owns any copyrights. Amid any event made from one conflict between each Creative Commons Attribution License plus above Terms, aforementioned Terms desire control. Ning carries out not grant thou whichever rights toward alternative User's Code nor Content.
During each term from aforementioned Terms, Ning grants thou some limited, revocable license for use each software underlying also enabling each Ning Platform in similar fashion required for your utilize out of the Social Networks built on top made from itself, subject in order to any terms plus conditions of aforementioned Terms.
Guys agree to comply with a license plus restrictions applicable toward all item out of Code or Content thou post, copy, access, or utilize.
Y'all agree whatever each a intellectual property among any Ning Platform, alternative as opposed to any Code plus Content guys provide, are owned near to Ning either any applicable User(s). Except in similar fashion expressly permitted at a lower level the ones mentioned Terms, thou agree not in order to:
Ning, a Ning Platform also additional related graphics, ours logo along with sub-logos, Ning marks, as well as trade names used on the Ning Platform are certain trademarks belonging to Ning as well as possibly not at all be used without permission. Other trademarks, Ning Platform marks, as well as trade names that perhaps appear on Ning are a property out of theirs respective owners.
Thou need to exist per registered User toward create Networks on a Ning Platform. Networks as well as of them Network Creators, in spin, determine whether Users need toward be registered with Ning up to contribute Content among such Network. Whatever is above toward each discretion out of the Network Creator. Since a User, y'all are responsible for keeping your password secure. Names of Social Networks and Ning IDs are non-transferable. Thou testament exist solely responsible as well as liable for whatever activity which occurs sub- your Ning ID.
Thou agree up to comply with the license as well as restrictions applicable in order to every item of Code otherwise Content y'all post, copy, access, alternatively use.
Content out of different Users or advertisers is built available up to guys by means of Social Networks along with certain Ning Platform. For Ning carries out in no way control such Content, y'all agree whatever Ning is by no means responsible for whatever such Content, including advertising plus information regarding third party products alternatively services.
Your interactions with other Users on a Ning Platform, including payment as well as delivery made from goods nor services, also whichever additional terms, conditions, warranties alternatively representations associated with like dealings, are solely among y'all and each User. Like with some web-based interaction, we suggest such y'all employ caution as well as fine judgment.
Yourself agree which Ning is never responsible for anything loss or damage incurred since certain result of whatever of this kind dealings or with respect toward whatever alternative User's use or disclosure belonging to your Personal Data (in similar fashion defined among certain Privacy Policy). Assuming at that spot is one dispute in between yourself plus some third party (including anything User), Ning is sub- nay obligation to become involved.
Thou release Ning, for it officers, employees, agents also successors starting at claims, demands and damages from all type either nature arising away out of nor related toward: (i) whichever disputes with different Users, also/alternatively (ii) the Ning Platform.
When thou are single California resident, you waive California Civil Code Section 1542, which one says: “One general release performs by no means extend up to claims whichever the creditor fulfills in no way understand otherwise suspect for exist inside his favor next to any occasion belonging to executing the release, what, provided known via male must contain materially affected his settlement with certain debtor.”
Ning offers Which Are any Top Track Parcel Aus Post Tools? on a Ning Platform. When y'all choose in order to sign above for single premium service, y'all agree in order to pay each applicable fees along with abide near to some additional requirements or rules associated with that premium service.
Ning provides documentation for assist Network Creators inside creating plus enhancing their Network(s). As per Network Creator, you are responsible for implementing and maintaining all support for your Network(s). Current includes, when you've customized any Code yourself, fixing bugs your Users possibly locate also advise yourself concerning.
Toward enable a excellent experience for each Users on the Ning Platform, y'all, as some Network Creator, must ensure your Network(s) do not unduly degrade certain performance belonging to a Ning Platform. When your Network(s) exceed certain quotas plus limitations arrange beside Ning (e.g., API calls either bandwidth) otherwise otherwise degrade performance out of any Ning Platform otherwise additional services amid whichever way, our group could suspend your Network(s) next to ours sole discretion.
Around each risk out of sounding repetitive, yourself are solely responsible for your conduct, Networks, Code, plus Content on each Ning Platform.
Since a User made from Ning's free service, yourself agree not in order to include any advertising for anything different in comparison to your Network, including ads served via one ad-server service resemble Google AdSense, in any Network, Code, either Content y'all provide on Ning. When yourself pay certain applicable fees for the applicable premium service “Run ads on your social network,” you might include third-party advertisements within your Network. However, Ning desire have any option, which one Ning might exercise on notice in order to guys, toward offer some comparable ad-server service plus serve all advertisements on your Network(s).
Guys as well agree not at all for post or make available any Code either Content for whichever y'all never hold sufficient rights to grant a licenses above. Among other things, this method such you might by no means include Code alternatively Content out of third parties whatever is subject to license terms which are incompatible with a licenses yourself grant under these Terms, similar since GPL.
Y'all additionally agree never in order to post, email, alternatively otherwise make available anything Network, Code, nor Content such:
Additionally, guys agree not toward:
You agree for comply with all applicable laws with respect to
Yourself agree toward comply with entire relevant aspects out of a Ning Privacy Policy. Y'all agree not toward collect or apply Personal Data except like permitted by any Ning Privacy Policy. Yourself agree not at all toward utilize whichever Personal Data disclosed to you beside Ning for whatever purpose alternative in comparison to using each Ning Platform alternatively one Network amid accordance with aforementioned Terms also any Privacy Policy. Thou agree never to harvest whichever email addresses since Networks otherwise the Ning Platform for certain purpose belonging to sending email amid violation from applicable law. Guys agree not toward knowingly collect some information out of, or develop whichever Networks who are targeted next to, children sub- any age of 13.
Provided Ning provides thou, since some Network Creator, Personal Data concerning other Ning users, yourself agree in order to (1) comply with applicable law also Ning's rules (including certain Privacy Policy also anti-spam policy) with respect to so Personal Data plus (2) toward indemnify Ning for your employ from such Personal Data.
Ning perhaps establish general polices plus limits concerning use of any Ning Platform (“Ning Platform Policies”), including (plus without limitation) certain maximum figure of days who Social Networks and uploaded Content testament seem retained, certain maximum digit out of also size out of Content files as well as objects (including email messages), certain maximum disk space allotted for thou (while per Network Creator) plus to Users on your behalf near to Ning, any maximum figure of times also duration for whatever guys might access certain Ning Platform or Social Networks in one given period made from moment, any maximum bandwidth used beside your Apps or Content, plus each maximum CPU power used near to your Social Networks otherwise Content. Ning reserves a just for log off nor deactivate User accounts such are inactive for one extended period made from era.
Each Ning Platform Policies today limit a figure made from Social Networks per Network Creator be capable create up to ten (10), all with one quota limit out of 5GB (gigabytes) for Public Content, 500MB (megabytes) for Private Content, 10MB (megabytes) for each File System, and 100GB (gigabytes) per month from network bandwidth.
Thou, since some Network Creator, agree for promptly address whichever copyright owner's written notice (including any notices forwarded for yourself through Ning) that specified Content provided via User of single Network which thou control infringes that third party's copyrights, provided whatever a notice substantially complies with any requirements among any Upd Tracking Tips as well as Tricks. Provided thou perform never promptly remove any Content specified inside each notice, Ning possibly remove the Content without any liability toward thou or for any User who posted like Content.
Ning maintains along with enforces single policy of terminating a accounts out of Users whoever are repeat copyright infringers.
Those Terms from Service commence upon your acceptance made from the ones mentioned Terms also continues until terminated. Above Terms intend automatically terminate if Ning decides, in its sole discretion, toward discontinue a Ning Platform.
Thou may deactivate your Ning account next to whichever time, for whatever purpose, via following certain instructions on Ning.
Ning contains a proper (next to its own sole discretion) toward delete alternatively deactivate your account, block your email either IP address, either otherwise terminate your access toward or apply of each Ning Platform otherwise whichever Network, otherwise remove also discard whatever Code otherwise Content within whatever Network, without notice as well as for some reason.
Upon deactivating your account, those Terms terminates as well as your access rights up to each Ning Platform testament immediately cease in order to exist. The Code for certain Network(s) associated with your account will remain deactivated; however, in similar fashion previously mentioned, Code possibly remain on any Ning Platform inside alternative Social Networks whatever made single copy belonging to your Public Code. For Content thou wish for delete out of each Ning Platform, guys be capable delete it beside going to each made from any Social Networks for which you've contributed. Ning is in no way responsible for deleting Content on your behalf. Note such, even if Code nor Content is deleted out of Ning's active servers, entity could remain inside archives. Ning will have no obligation toward refund anything fees paid for premium services.
Each provisions below a following headings shall survive termination made from thses Terms for whatever cause: Licenses since You (sub- heading “Licenses up to Code”), License via You (beneath heading “Licenses to Content”), Content as well as Interaction, Acceptable Apply along with Conduct, Privacy also Spam, Disclaimer belonging to Warranties, Indemnity, as well as Limitation belonging to Liability.
Ning reserves any just by some occasion (as well as starting at time toward era) for modify, suspend, alternatively discontinue providing certain Ning Platform or anything portion thereof with either without notice. Ning intend by no means remain liable to yourself either to whichever third party for whichever modification, suspension either discontinuance belonging to the Ning Platform.
YOUR Utilize Of Any NING PLATFORM, Plus Entire CODE And CONTENT, ARE At YOUR SOLE RESPONSIBILITY And RISK. The NING PLATFORM As well as All CODE Along with CONTENT ARE PROVIDED ON Each “As IS” And “Since AVAILABLE” BASIS. NING Also Every USER EXPRESSLY DISCLAIMS Each REPRESENTATIONS, WARRANTIES, Nor CONDITIONS From Whichever Sort, WHETHER EXPRESS Either IMPLIED, INCLUDING, Yet Not LIMITED In order to, Certain IMPLIED WARRANTIES Otherwise CONDITIONS Belonging to MERCHANTABILITY, FITNESS FOR Single PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, Along with NON-INFRINGEMENT. NEITHER NING NOR Some USER MAKES Some WARRANTY Who The NING PLATFORM, Alternatively As well as CODE Otherwise CONTENT Intend MEET YOUR REQUIREMENTS Either Remain UNINTERRUPTED, TIMELY, SECURE, Nor ERROR-FREE.
You agree for indemnify, defend, and hold harmless Ning, along with for it subsidiaries, affiliates, officers, agents, co-branders or another partners, along with employees, via as well as against some claim, demand, loss, damage, cost, nor liability (including reasonable attorneys' fees) arising away of nor relating for
You AGREE Such NING SHALL In no way Remain LIABLE To Guys FOR (Some) Whichever INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, Or EXEMPLARY DAMAGES, INCLUDING, Yet In no way LIMITED Toward, DAMAGES FOR LOSS Belonging to PROFITS, GOODWILL, Employ, DATA, Otherwise Another INTANGIBLE LOSSES (Truly When NING Possesses Occurred ADVISED From The POSSIBILITY Made from So DAMAGES), RESULTING From (i) Certain Use Otherwise Each INABILITY For Use Certain NING PLATFORM Alternatively Whatever CODE Or CONTENT, (ii) UNAUTHORIZED ACCESS Up to Either ALTERATION Belonging to YOUR TRANSMISSION From DATA; Plus (iii) STATEMENTS Either CONDUCT From Anything THIRD PARTY (INCLUDING Different USER) Amid Each NING PLATFORM Or Any CODE Nor CONTENT; Nor (B) FOR Whatever DAMAGES ARISING Out of Otherwise RELATED To The ones mentioned TERMS Among EXCESS Made from The GREATER Of (i) $100 Along with (ii) A TOTAL AMOUNTS PAID For NING Via Y'all Within Any Triplet MONTHS IMMEDIATELY PRECEDING Certain INITIAL NOTICE From Some CLAIM.
These Terms might remain updated alternatively changed beside Ning via occasion to era upon Ning's posting made from any amended Terms on aforementioned folio. Provided yourself do not agree to changes up to the Terms, you must notify Ning to terminate your account.
In addition up to these Terms, guys testament comply with all policies applicable in order to Ning and a Ning Platform, whatever policies are (i) either posted in each Ning Platform either provided in order to y'all as well as (ii) incorporated through reference into above Terms.
Each failure from Ning to exercise or enforce whichever correct or provision from these Terms executes never constitute single waiver made from of this kind just or provision. If some provision belonging to those Terms is establish through a court made from competent jurisdiction for remain invalid, certain parties nevertheless agree who certain court better endeavor to offer effect in order to a parties' intentions while reflected inside a provision, as well as any another provisions from these Terms out of Service remain among full force along with effect. Your Ning account is non-transferable. You perhaps not delegate your duties sub- aforementioned Terms either assign above Terms, inside whole either in piece.
Whichever unauthorized make use of belonging to whatever Ning computer system is single violation made from above Terms along with certain federal along with state laws, including without limitation each Computer Fraud and Abuse Deed (18 U.S.C. S 1030 et seq.), Section 502 from certain California Penal Code also Section 17538.45 out of any California Business also Professions Code. Like violations might subject a unauthorized user along with his either lady agents for civil as well as criminal penalties.
Each other Users made from each Ning Platform are intended third party beneficiaries made from your obligations at a lower level above Terms.
Ning perhaps assign aforementioned Terms for anything successor alternatively purchaser belonging to Ning either whole either substantially every out of for it assets.
Any dispute midway a parties arising away made from these Terms shall become settled through arbitration utilizing a dispute resolution procedures belonging to a American Arbitration Association (AAA) amid San Francisco, CA. You hereby waive whichever proper up to per jury trial made from whichever so dispute.
Aforementioned Terms shall seem governed near to the laws belonging to the Declare out of California without giving effect to any conflict from laws principles whatever might provide certain application from a law from additional jurisdiction.
Those Terms, whichever incorporate certain Ning Privacy Policy along with a Ning Policies, constitutes the entire agreement between y'all along with Ning as well as governs your employ of any Ning Platform, superseding whichever prior agreements (whether written either oral) in between yourself along with Ning regarding each subject matter hereof.
Users with questions around certain Ning Privacy Policy also any out of any aforementioned statements could contact Ning the following ways:
Ning
735 Emerson Street
Palo Alto, CA 94301
Our group welcome your feedback on current document.