User Agreement

May 2008

Thank you for registering on Soceeo, a free online service for creating your own Social Networks.

These terms of service covers your use of the Soceeo service for creating and enjoying Social Networks on the Soceeo Platform.

By registering with Soceeo, creating, or using Social Networks built on Soceeo, Inc. ("Soceeo" or "us"), you are agreeing to these terms of service ("Terms of Service" or "Terms").

Description & Definitions

Soceeo offers a platform for creating your own Social Networks ("Platform").

Social Networks or Networks:

are comprised of Code and Content. Networks are created by Users or by us and provided, through the use of the Soceeo Platform, for Users to connect with other Users online. Social Networks include features such as User profiles, friends, comments, recommendations, forums, photo sharing, video sharing, polls, question and answers, file sharing, reviews, ratings, people matching, and events, among others.

Users:

People who register on Soceeo to create, find, visit, use, and contribute to one or more Networks, which can include posting Content or responding to Content.

Soceeo Network Creators:

Users who have created a Network on Soceeo. Anyone and everyone can create a network as long as they abide by the Terms of Service and The Soceeo Privacy Policy.

Content

means any work of authorship (other than the Code and the user interface of a Social Network), including User profiles, comments, recommendations, forums, photos, videos, sounds, images, text, files, listings, postings, messages, or other materials posted on or transmitted through any Soceeo network. Users upload Content to Social Networks. Social Networks, in turn, control Content. If the Soceeo Network Creator designates the Network as private, any Content submitted to that Network will be deemed to be Private Content. Private Content is licensed for use only within the Network into which it is posted. Public Content is available in the Network in which it is posted, other Networks.

Tags

are descriptions (words or phrases) you can assign to Content. You can assign as many Tags to Content as you like. You can also add, edit, and delete Tags that you've assigned.

 

 

 

Who owns your content?

 

Everything you upload or share is yours, we own none of it!

Soceeo does not claim any ownership rights in the Content or the Code you provide. You, as the Soceeo Network Creator, own the Code you develop ("your Code"). You also own the Content you create and upload ("your Content"). After posting your Content or your Code, you continue to retain all ownership rights in such Content or Code, and you continue to have the right to use and license your Content and your Code in any way you choose.

These Terms of Service includes a number of licenses that are necessary for Soceeo to make your Network and your Content available through the Soceeo Platform. For example, without the right to modify Content, Soceeo would not be able to format Content to meet technical requirements, and without the right to publicly perform or publicly display Content, Soceeo could not make the Content available for other Users to view.

If a Public Code component you post is third-party Code (in whole or in part) and is governed by the LGPL, you grant Soceeo and other Users on the Soceeo Platform a license to such Public Code under the LGPL.

Licenses to Content

License from You

Please make sure you understand the difference between Public and Private content!

Your Content remains yours. We claim no ownership interest in the Content you provide on Networks that run Soceeo. However, we also want to encourage sharing of Content between Users and Networks across the Soceeo Platform. To this end, by uploading Content to a Network in which the Content is designated as Public Content, you grant to Soceeo 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").

If you upload Content to a Network in which the Content is designated as Private Content, you grant to Soceeo and all other Users of that Network a nonexclusive license to reproduce, distribute, publicly perform, and publicly display such Content on that Network (including any RSS feeds and other distribution that is part of such Network) (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.

We should also mention that you are responsible for making sure that you have all rights in the Content you post that are necessary for you to grant everyone either the Public Content License or the Private Content License. (We'll cover this in more detail later.)

Lastly, if a Network is deleted, the Content associated with that Network may also be deleted at the discretion of the Soceeo Network Creator. We would encourage you to be sure you are comfortable with this possibility before contributing Content to a Network.

License from Soceeo

Soceeo grants to you a Creative Commons Attribution License to the Content made available by Soceeo for which Soceeo owns the copyrights. In the event of a conflict between the Creative Commons Attribution License and these Terms, these Terms will control. Soceeo does not grant you any rights to another User's Code or Content.

License to use the Soceeo Platform

During the term of these Terms, Soceeo grants you a limited, revocable license to use the software underlying and enabling the Soceeo Platform as required for your use of the Social Networks built on top of it, subject to the terms and conditions of these Terms.

Proprietary Rights

Code and Content

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 the Soceeo Platform, other than the Code and Content you provide, are owned by Soceeo or the applicable User(s). Except as expressly permitted under these Terms, you agree not to:

  1. Modify, distribute, or create derivative works based on the Soceeo Platform.
  2. Run, rent, lease, loan, or sell access to the Soceeo Platform.
  3. Decompile, reverse engineer, or copy the Soceeo Platform or any Network for which the source code is not provided to you or Code that is marked as Private Code; and
  4. Reproduce or distribute any Private Content or Private Code outside the applicable Network.

Trademarks

Soceeo, the Soceeo Platform and other related graphics, our logo and sub-logos, Soceeo marks, and trade names used on the Soceeo Platform are the trademarks of Soceeo and may not be used without permission. Other trademarks, Soceeo Platform marks, and trade names that may appear on Soceeo are the property of their respective owners.

Accounts, Passwords, and Security

You must be a registered User to create Networks on the Soceeo Platform. Networks and their Soceeo Network Creators, in turn, determine whether Users need to be registered with Soceeo to contribute Content in that Network. That is up to the discretion of the Soceeo Network Creator. As a User, you are responsible for keeping your password secure. Names of Social Networks and Soceeo IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your Soceeo ID.

Content and Interaction

You agree to comply with the license and restrictions applicable to each item of Code or Content you post, copy, access, or use.

Content from other Users or advertisers is made available to you through Social Networks and the Soceeo Platform. Because Soceeo does not control such Content, you agree that Soceeo is not responsible for any such Content, including advertising and information about third party products or services.

Your interactions with other Users on the Soceeo 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. Like with any web-based interaction, we suggest that you use caution and good judgment.

You agree that Soceeo is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of your Personal Data (as defined in the The Soceeo Privacy Policy. If there is a dispute between you and any third party (including any User), Soceeo is under no obligation to become involved.

You release Soceeo, 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) the Soceeo Platform.

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."

Support and Performance

Soceeo provides documentation to assist Soceeo Network Creators in creating and enhancing their Network(s). As a Soceeo Network Creator, you are responsible for implementing and maintaiSoceeo all support for your Network(s). To enable a great experience for all Users on the Soceeo Platform, you, as a Soceeo Network Creator, must ensure your Network(s) don't unduly degrade the performance of the Soceeo Platform. If your Network(s) exceed the quotas and limitations set by Soceeo (e.g., API calls or bandwidth) or otherwise degrade performance of the Soceeo Platform or other services in any way, we may suspend your Network(s) at our sole discretion, especially if you have pornographic or illegal content.

Acceptable Use and Conduct

At the risk of sounding repetitive, you are solely responsible for your conduct, Networks, Code, and Content on the Soceeo Platform.

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 Network, Code, or Content that:

  • Is unlawful, harmful, threaten Soceeo, 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 Soceeo 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 Soceeo Platform, or that otherwise negatively affects other Users' ability to use the Soceeo 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 Soceeo 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 miSoceeo tools, or the like to download data from Social Networks and the Soceeo 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 Soceeo's infrastructure
  • Attempt to gain unauthorized access to Soceeo'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 Soceeo Platform
  • Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Soceeo Platform or any Network

Privacy and Spam

You agree to comply with all applicable laws with respect to

  1. any collection, use, or disclosure of Personal Data (as that term is defined in the Soceeo Privacy Policy and
  2. email communications, including without limitation CAN-SPAM, applicable state laws, and applicable laws in non-U.S. jurisdictions.

You agree to comply with all relevant aspects of the Soceeo Privacy Policy You agree not to collect or use Personal Data except as permitted by the Soceeo Privacy Policy. You agree not to use any Personal Data disclosed to you by Soceeo for any purpose other than using the Soceeo Platform or a Network in accordance with these Terms and Soceeo Privacy Policy. You agree not to harvest any email addresses from Networks or the Soceeo Platform for the purpose of sending email in violation of applicable law. You agree not to knowingly collect any information from, or develop any Networks that are targeted at, children under the age of 13.

If Soceeo provides you, as a Soceeo Network Creator, Personal Data about other Soceeo users, you agree to (1) comply with applicable law and Soceeo's rules (including the The Soceeo Privacy Policy and anti-spam policy) with respect to such Personal Data and (2) to indemnify Soceeo for your use of such Personal Data.

Soceeo Platform Policies

Soceeo may establish general polices and limits concerns Soceeo use of the Soceeo Platform ("Soceeo Platform Policies"), including (and without limitation) the maximum number of days that Social Networks 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 Soceeo Network Creator) and to Users on your behalf by Soceeo, the maximum number of times and duration for which you may access the Soceeo Platform or Social Networks in a given period of time, the maximum bandwidth used by your Apps or Content, and the maximum CPU power used by your Social Networks or Content. Soceeo reserves the right to log off or deactivate User accounts that are inactive for an extended period of time.

Copyright Infringement by Users

You, as a Soceeo Network Creator, agree to promptly address any copyright owner's written notice (including any notices forwarded to you by Soceeo) that specified Content provided by User of a Network that you control infringes that third party's copyrights, provided that the notice substantially complies with the requirements with the DCMA. If you do not promptly remove the Content specified in the notice, Soceeo may remove the Content without any liability to you or to the User that posted such Content.

Soceeo maintains and enforces a policy of terminating the accounts of Users who are repeat copyright infringers.

Your Account

Term

These Terms of Service commence upon your acceptance of these Terms and continues until terminated. These Terms will automatically terminate if Soceeo decides, in its sole discretion, to discontinue the Soceeo Platform.

Deactivating Your Account

You may deactivate your Soceeo account at any time, for any reason, by following the instructions on Soceeo.

Soceeo has the right (at 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 Soceeo Platform or any Network, or remove and discard any Code or Content within any Network, without notice and for any reason.

Effects of Deactivating An Account

Upon deactivating your account, these Terms terminates and your access rights to the Soceeo Platform will immediately cease to exist. The Code for the Network(s) associated with your account will be deactivated; however, as previously mentioned, Code may remain on the Soceeo Platform in other Social Networks that made a copy of your Public Code. For Content you wish to delete from the Soceeo Platform, you can delete it by going to each of the Social Networks to which you've contributed. Soceeo is not responsible for deleting Content on your behalf. Note that, even if Code or Content is deleted from Soceeo's active servers, it may remain in archives. Soceeo will have no obligation to refund any fees paid for premium services.

Survival

The provisions under the following headings will survive termination of thses Terms for any reason: Licenses from You (under heading "Licenses to Code"), License from You (under heading "Licenses to Content"), Content and Interaction, Acceptable Use and Conduct, Privacy and Spam, Disclaimer of Warranties, Indemnity, and Limitation of Liability.

Changes to Soceeo and the Soceeo Platform

Soceeo reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Soceeo Platform or any part thereof with or without notice. Soceeo will not be liable to you or to any third party for any modification, suspension or discontinuance of the Soceeo Platform.

Disclaimer of Warranties

YOUR USE OF THE SOCEEO PLATFORM, AND ALL CODE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SOCEEO PLATFORM AND ALL CODE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOCEEO AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, 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 SOCEEO NOR ANY USER MAKES ANY WARRANTY THAT THE SOCEEO PLATFORM, OR AND CODE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Indemnity

You agree to indemnify, defend, and hold harmless Soceeo, 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

  1. any Code or Content you submit, post, transmit, or make available through the Soceeo Platform;
  2. your use or misuse of the Soceeo Platform;
  3. your connection to the Soceeo Platform;
  4. your violation of these Terms; or
  5. your violation of any rights (including intellectual property rights) of a third party.

Limitation of Liability

YOU AGREE THAT SOCEEO SHALL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SOCEEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SOCEEO PLATFORM OR ANY CODE OR CONTENT, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) IN THE SOCEEO PLATFORM OR ANY CODE OR CONTENT; OR (B) FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO SOCEEO BY YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.

Updates to Terms of Service

These Terms may be updated or changed by Soceeo from time to time upon Soceeo's posting of the amended Terms on this page. If you do not agree to changes to the Terms, you must notify Soceeo to terminate your account.

In addition to these Terms, you will comply with all policies applicable to Soceeo and the Soceeo Platform, which policies are (i) either posted in the Soceeo Platform or provided to you and (ii) incorporated by reference into these Terms.

General

The failure of Soceeo to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. 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 Soceeo 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 Soceeo computer system is a violation of these Terms and certain federal and state laws.

The other Users of the Soceeo Platform are intended third party beneficiaries of your obligations under these Terms.

Soceeo may assign these Terms to any successor or purchaser of Soceeo 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 Chicago, IL. 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 Illinois 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 Soceeo Privacy Policy and the Soceeo Policies, constitutes the entire agreement between you and Soceeo and governs your use of the Soceeo Platform, superseding any prior agreements (whether written or oral) between you and Soceeo regarding the subject matter hereof.

Contacting Soceeo

E-Mail

ecambry@gmail.com

Postal

Soceeo
1040 West Adams Unit 374

Chicago, IL. 60607