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