Thank you for registering on LimeSpot, a free online service for creating your own social networking website(s) (your "Site(s)") and for finding, viewing, using, contributing content or otherwise enjoying social networking websites created by other LimeSpot users (also "Site(s)"). Users of the LimeSpot service are referred to as "Users."
By registering with Lime Spot, creating, or using Sites built on LimeSpot’s Platform (as defined below), you are agreeing to these Terms of Service ("Terms of Service").
Definitions:
"LimeSpot Platform" means Lime Spot’s proprietary platform that allows users ("Site Creators") to create their own Site(s), which Sites include features such as User profiles, friends, comments, recommendations, forums and events, among others. LimeSpot may add other features from time to time and such features shall also be covered by these Terms of Service.
"Code" means the source code (e.g., HTML or PHP code) used to provide the functionality behind Sites. Code may be contributed by us, developed by you or provided by another User, or any combination of the three. Public Code is Code that all Users may copy, modify, and use in other Sites. Private Code is Code for a Site that only the Site Creator is allowed to use. For clarity, except for the Site Creator, Users may not view, copy, or modify Private Code.
"Content" means any work of authorship (other than the Code and the user interface of a Site), including User profiles, comments, recommendations, forums, photos, videos, sounds, images, text, files, listings, postings, messages, or other materials posted on or transmitted through the LimeSpot Platform or through any Site. Users upload Content to Sites. Site Creators, in turn, control Content. If the Site Creator designates the Site as private, any Content submitted to that Site will be deemed to be Private Content. Private Content is licensed for use only within the Site into which it is posted. Public Content is available in the Site in which it is posted, other Sites, as well as the LimeSpot Bar, which we'll get to in a moment.
"LimeSpot Bar" means the space reserved by us in all Sites to provide services to Users of Sites on the LimeSpot Platform. The LimeSpot Bar occupies the top 34 pixels of every page.
"LimeSpot Platform Services" include, but aren't limited to: single sign-on via a LimeSpot ID for all Sites on the LimeSpot Platform; managing lists of friends and contacts; messaging between Users; importing of contacts who are not Users of LimeSpot; navigation; and search. As a Site Creator, we also offer: User registration; User account management; Site management and security; Javascript-compatible markup API, Site display, management, and search.
Code and Content Ownership
You own all of the Content and Code you create and upload and, therefore, are allowed to use and license your Content and your Code in any way you choose. By choosing to use the LimeSpot Platform, you agree to the following license rights with respect to your Code and Content:
Licenses to Code
We allow Code to be posted and used in Social Sites under a "LimeSpot Code License" (which means the LimeSpot Public Code License or the LimeSpot Private Code License, as applicable) or under the GNU Lesser General Public License (LGPL, but not the GPL), as described below. When you post Code to LimeSpot, you may designate such Code, in the Code comments, as governed by the LimeSpot Code License or the LGPL.
LimeSpot may, but is not obligated to, review any Code to determine whether such Code is designated with the correct license, and LimeSpot may change the comments for such Code (or any subpart of such Code) if LimeSpot believes its designation is incorrect.
Unless the Code you post is third party Code and is governed by the LGPL (based on, for example, comments in the Code), the applicable LimeSpot Code License will apply to the Code you post on LimeSpot.
Public Code Licenses
Subject to the next paragraph, if you add Code to a Site for which you have not added the Private Code premium service called "Remove LimeSpot Promotion Links" (i.e., Public Code), you grant LimeSpot and other Users on the LimeSpot Platform a worldwide, fully sub-licensable, fully paid-up and royalty-free, perpetual, irrevocable license to use, reproduce, modify, distribute, publicly display, publicly perform, and create derivative works of that Public Code ("LimeSpot Public Code License").
If a Public Code component you post is third-party Code (in whole or in part) and is governed by the LGPL, you grant LimeSpot and other Users on the LimeSpot Platform a license to such Public Code under the LGPL.
Private Code Licenses
Subject to the next paragraph, if (or after) you have added the Private Code premium service to your Site: (1) the Code for that Site is thereafter designated as Private Code; (2) you grant LimeSpot a worldwide, fully sub-licensable license to all rights necessary for LimeSpot to make your Site available on the LimeSpot Platform for other Users to use ("LimeSpot Private Code License"); (3) LimeSpot will not thereafter have the right to distribute your Private Code except to the extent necessary to make your Site available on the LimeSpot Platform; and (4) LimeSpot will not thereafter enable other Users to copy your Private Code. The foregoing does not limit LimeSpot's or any User's rights under the LGPL.
If a Private Code component you post is third-party Code (in whole or in part) and is governed by the LGPL, you grant LimeSpot and other Users on the LimeSpot Platform a license to such Private Code under the LGPL.
At any point, you can take your Code from your Site and cancel your account, but the licenses to your Public Code will remain in effect. Therefore, you should only upload Public Code to the LimeSpot Platform you are comfortable sharing with others; if you want your Code to remain private, you should sign up for the Private Code premium service before you post that Code to the LimeSpot Platform.
You acknowledge that LimeSpot may independently develop Code that is similar to Code that you have developed. You agree not to sue LimeSpot for infringement of your Code, even if LimeSpot's Code is substantially similar to yours.
IF YOU UPLOAD CODE, BE SURE YOU HAVE THE RIGHT TO DO SO AND TO GRANT THE LICENSE RIGHTS GRANTED TO LIMESPOT AND ITS USERS HEREUNDER.
Licenses to Content
License from You
By uploading Content to a Site in which the Content is designated as Public Content, you grant to LimeSpot and all other Users a nonexclusive license to reproduce, create derivative works of, distribute, publicly perform, and publicly display such Content on the condition that the Content is attributed in a manner specified by its author, if at all (a "Public Content License").
By uploading Content to a Site in which the Content is designated as Private Content, you grant to LimeSpot and all other Users of that Site a nonexclusive license to reproduce, distribute, publicly perform, and publicly display such Content on that Site (including any RSS feeds and other distribution that is part of such Site) (a "Private Content License").
Unless you expressly state alternative applicable license terms in connection with your Content submission, the Public Content License will apply by default to Public Content and the Private Content License will apply by default to Private Content.
The Site Creator is entitled to delete any content uploaded to its site at its sole discretion.
IF YOU POST CONTENT, BE SURE YOU HAVE THE RIGHT TO DO SO AND TO GRANT THE LICENSE RIGHTS GRANTED TO LIMESPOT AND ITS USERS HEREUNDER.
License from LimeSpot
While LimeSpot does not grant you any rights in or to another User’s Code or Content (only the copyright owner can do that), LimeSpot grants to you a HYPERLINK "http://creativecommons.org/licenses/by/3.0/"Creative Commons Attribution License to the Content made available by LimeSpot for which LimeSpot owns the copyrights. In the event of a conflict between the Creative Commons Attribution License and these Terms, these Terms will control.
License to use the LimeSpot Platform
During the term of these Terms, LimeSpot grants you a limited, revocable license to use the software underlying and enabling the LimeSpot Platform as required for your use of the Sites, subject to the terms and conditions of these Terms. No other rights or licenses are granted with respect to the software underlying and comprising the LimeSpot Platform.
License Restrictions
You agree to comply with the license and restrictions applicable to each item of Code or Content you post, copy, access, or use.
You agree that all the intellectual property in, on and made available through the LimeSpot Platform, other than the Code and Content you provide, are owned by LimeSpot or the applicable User(s). Except as expressly permitted under these Terms, you agree not to: modify, distribute, or create derivative works based on the LimeSpot Platform; run, rent, lease, loan, or sell access to the LimeSpot Platform; decompile, reverse engineer, or copy the LimeSpot Platform or any Site for which the source code is not provided to you or Code that is marked as Private Code; or reproduce or distribute any Private Content or Private Code outside the applicable Site.
Trademarks
"LimeSpot," "Lime Wire," related graphics, logos, sub-logos, trademarks and trade names used on the LimeSpot Platform are the trademarks of LimeSpot or its affiliated companies, and may not be used without the written permission of LimeSpot. Other trademarks and trade names that may appear on LimeSpot or a Site are the property of their respective owners.
Accounts, Passwords, and Security
You are responsible for keeping your password secure. Names of Sites and LimeSpot IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your LimeSpot ID.
Only registered Users can create Sites. As a Site Creator, you can allow anyone to contribute Content to your Site, or you can restrict the ability to contribute Content to registered Users.
Interaction between Users; LimeSpot Release
You hereby agree:
to comply with the license restrictions applicable to each item of Code or Content you post, copy, access, or use;
LimeSpot has no responsible for any Content for which LimeSpot is not the copyright owner, including advertising and information about third party products or services;
interactions and transactions between you and other Users on the LimeSpot Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the User, and that LimeSpot is not responsible for any loss or damage incurred as the result of any such dealings including, without limitation, any use or disclosure of information which personally-identifies you or is personal to you; and
if there is a dispute between you and any third party (including any User), LimeSpot is under no obligation to become involved.
YOU RELEASE LIMESPOT, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND OR NATURE ARISING OUT OF OR RELATED TO: (I) ANY DISPUTES WITH OTHER USERS, AND/OR (II) ANY CONTENT OR CODE ON THE LIMESPOT PLATFORM FOR WHICH LIMESPOT IS NOT THE COPYRIGHT OWNER.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Upgrades
Services
LimeSpot offers fee-based premium services on the LimeSpot Platform. If you choose to sign up for a premium service, you agree to pay the applicable fees and abide by any additional requirements or rules associated with that premium service.
While, LimeSpot provides documentation to assist Site Creators in creating and enhancing their Site(s), Site Creators are solely responsible for implementing and maintaining all support for their Site(s).
Acceptable Use and Conduct
LimeSpot may establish, and may from time to time modify at its sole discretion, general polices and limits concerning use of the LimeSpot Platform ("LimeSpot Platform Policies"), including (and without limitation) the maximum number of days that Sites and uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk space allotted to you (as a Site Creator) and to Users on your behalf by LimeSpot, the maximum number of times and duration for which you may access the LimeSpot Platform or Sites in a given period of time, the maximum bandwidth used by your Apps or Content, and the maximum CPU power used by your Social Sites or Content. LimeSpot reserves the right to log off or deactivate User accounts that are inactive for an extended period of time.
The LimeSpot Platform Policies today limit the number of Sites a Site Creator can create to ten (10). Individual users have a quota limit of 1GB (gigabyte).
At the risk of sounding repetitive, you are solely responsible for your conduct, Sites, Code, and Content on the LimeSpot Platform.
As a User of LimeSpot's free service, you agree not to include any advertising for anything other than your Site, including ads served via an ad-server service like Google AdSense, in any Site, Code, or Content you provide on LimeSpot. If you pay the applicable fees for the applicable premium service "Run ads on your social network," you may include third-party advertisements in your Site. However, LimeSpot will have the option, which LimeSpot may exercise on notice to you, to offer a comparable ad-server service and serve all advertisements on your Site(s).
You also agree not to post or make available any Code or Content for which you don't have sufficient rights to grant the licenses above. Among other things, this means that you may not include Code or Content from third parties that is subject to license terms that are incompatible with the licenses you grant under these Terms, such as GPL.
You also agree not to post, email, or otherwise make available any Site, Code, or Content that:
Is unlawful, harmful, threateLimeSpot, abusive, harassing, defamatory, libelous, invasive of another's privacy, or harms minors in any way
Harasses, degrades, intimidates or is hateful toward an individual or group of individuals
Impersonates a LimeSpot employee or User or falsely states or otherwise misrepresents your affiliation with a person or entity
Includes personal or identifying information about another person without that person's explicit consent
Is false, deceptive, misleading, deceitful, or constitutes "bait and switch"
Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships
Creates, sends, or enables anything that constitutes or contains "chain letters," "pyramid schemes," or any advertisement that you are prohibited by law from sending
Constitutes or contains any form of advertising or solicitation if (1) posted in Content; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests
Advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
Disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the LimeSpot Platform, or that otherwise negatively affects other Users' ability to use the LimeSpot Platform
Employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the LimeSpot Platform
Additionally, you agree not to:
"Stalk" or otherwise harass anyone
Collect Personal Data about other Users for commercial or unlawful purposes
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Social Sites and the LimeSpot Platform - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved"
Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on LimeSpot's infrastructure
Attempt to gain unauthorized access to LimeSpot's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the LimeSpot Platform
Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the LimeSpot Platform or any Site
To enable a great experience for all Users on the LimeSpot Platform, you, as a Site Creator, must ensure your Site(s) don't unduly degrade the performance of the LimeSpot Platform. If your Site(s) exceed the quotas and limitations set by LimeSpot (e.g., API calls or bandwidth) or otherwise degrade performance of the LimeSpot Platform or other services in any way, we may suspend your Site(s) at our sole discretion.
Privacy and Spam
You agree to comply with all applicable laws relating to your use of the LimeSpot service including, without limitation, laws relating to: (a) any collection, use, or disclosure of Personal Information (as that term is defined in the Lime Spot Privacy Policy), and (b) email communications, including without limitation CAN-SPAM, applicable state laws, and applicable laws in non-U.S. jurisdictions.
You also agree to comply with all relevant aspects of the Lime Spot Privacy Policy including refraining from: (a) collecting or using Personal Information except as permitted by the Lime Spot Privacy Policy; (b) using any Personal Information disclosed to you by LimeSpot for any purpose other than using the LimeSpot Platform or a Site in accordance with these Terms and the Lime Spot Privacy Policy; (c) harvesting any email addresses from Sites or the LimeSpot Platform for the purpose of sending email in violation of applicable law; (d) knowingly collecting any information from, or developing any Sites that are targeted at, children under the age of 13. You further agree to indemnify LimeSpot, its related companies, their officers, directors and employees for acts or omissions done by you in violation of this Agreement or the law including, without limitation, your use of Personal Information.
Copyright Infringement by Users
You, as a Site Creator, agree to promptly address any copyright owner's written notice (including any notices forwarded to you by LimeSpot) that specified Content or Code provided by User of a Site that you control infringes that third party's copyrights, provided that the notice substantially complies with the requirements in the LimeSpot DMCA Notice Page. If you do not promptly remove the Content or Code specified in the notice, LimeSpot may remove the same without any liability to you or to the User that posted such Content or Code.
LIMESPOT MAINTAINS AND ENFORCES A POLICY OF TERMINATING THE ACCOUNTS OF USERS WHO ARE REPEAT COPYRIGHT INFRINGERS.
Account Activation and Deactivation
LimeSpot has the right from time to time, in its sole discretion, to modify, suspend or discontinue the LimeSpot Platform or any part thereof with or without notice. LimeSpot will not be liable to you or to any third party for any modification, suspension or discontinuance of the LimeSpot Platform.
LimeSpot has the right, in its sole discretion, to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the LimeSpot Platform or any Site, or remove and discard any Code or Content within any Site, without notice and for any reason.
You have the right to deactivate your LimeSpot account at any time, for any reason, by following the instructions on LimeSpot.
Upon deactivation of your account, your access rights to the LimeSpot Platform will immediately cease to exist. The Code for the Site(s) associated with your account will be deactivated; however, Code and Content may remain on the LimeSpot Platform in other Sites that made a copy of your Public Code. For Content you wish to delete from the LimeSpot Platform, you can delete it by going to each of the Sites to which you've contributed. LimeSpot is not responsible for deleting Content on your behalf. Note that, even if Code or Content is deleted from LimeSpot's active servers, it may remain in archives. LimeSpot will have no obligation to refund any fees paid for premium services.
Survival
All licenses to Code and Content granted by you shall survive the deactivation of your account with LimeSpot, as will the following provisions: Acceptable Use and Conduct, Privacy and Spam, Disclaimer of Warranties, Indemnity, and Limitation of Liability.
Disclaimer of Warranties
THE SERVICES PROVIDED BY LIME SPOT INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED ON, THROUGH OR RELATING TO YOUR SITE(S) OR YOUR USE OF ANY SITE(S) OR THE LIME WIRE PLATFORM, ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON A SITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON AN IMPLIED WARRANTY, THEREFORE, TO THE EXTENT DICTATED BY APPLICABLE LAW, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER LIMESPOT NOR ANY USER MAKES ANY WARRANTY THAT THE LIMESPOT PLATFORM, OR AND CODE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LIMESPOT BE LIABLE TO YOU OR ANY OTHER USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL LIMESPOT’S LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SERVICES PROVIDED BY LIMESPOT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THE EXTENT DICTATED BY APPLICABLE LAW, THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify, defend, and hold harmless LimeSpot, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to
any Code or Content you submit, post, transmit, or make available through the LimeSpot Platform;
your use or misuse of the LimeSpot Platform;
your connection to the LimeSpot Platform;
your violation of these Terms including, without limitation the LimeSpot Privacy Policy; or
your violation of any rights (including, without limitation, intellectual property or proprietary rights) of a third party.
Updates to Terms of Service
These Terms may be updated or changed by LimeSpot from time to time upon LimeSpot's posting of the amended Terms on this page. If you do not agree to changes to the Terms, you must immediately terminate your account. Your continued use of the LimeSpot service is your agreement to abide by such Terms.
In addition to these Terms, you will comply with all policies applicable to LimeSpot and the LimeSpot Platform, which policies are (i) either posted in the LimeSpot Platform or provided to you and (ii) incorporated by reference into these Terms.
General
The failure of LimeSpot to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. In order to be enforceable, a waiver must be in writing, addressed to you individually and signed by an authorized officer of LimeSpot.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
Your LimeSpot account is non-transferable.
You may not delegate your duties under these Terms or assign these Terms, in whole or in part.
Any unauthorized use of any LimeSpot computer system is a violation of these Terms and certain federal and state laws may subject the unauthorized user and his or her agents to civil and criminal penalties.
The other Users of the LimeSpot Platform are intended third party beneficiaries of your obligations under these Terms.
LimeSpot may assign all of its rights and obligations to you to any successor or purchaser of LimeSpot or all or substantially all of its assets.
Any dispute between the parties arising out of these Terms shall be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, NY. You hereby waive any right to a jury trial of any such dispute.
These Terms shall be governed by the laws of the State of New York without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
These Terms, which incorporate the LimeSpot Privacy Policy, as well as any other LimeSpot policies referenced herein, constitute the entire agreement between you and LimeSpot and governs your use of the LimeSpot Platform, superseding any prior agreements (whether written or oral) between you and LimeSpot regarding the subject matter hereof.
Questions?
Contact LimeSpot at:
spot@limespot.com