meebo terms of use

Dated March 13, 2009

1. ACCEPTANCE OF TERMS OF USE

Meebo, Inc. ("Meebo") owns and runs various websites, including but not limited to meebo.com, meebome.com, and meeborooms.com, through which it offers various services and software (the websites, services and software are referred to as the "Services").

By accessing and using the Services, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE THE SERVICES IN ANY MANNER. Meebo reserves the right to limit or terminate your access to the Services if you do not comply with these Terms of Use.

Meebo does not knowingly permit children under 13 to create a Meebo account or use Meebo Rooms. Do not attempt to create an account if you are under 13. See our privacy policy.

Meebo reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of the Services after the posting of any changes to the Terms of Use or after our sending of notice of any changes or updated policy to you means that you have accepted those changes.

2. RESTRICTIONS ON USE OF THE SERVICES

Content You Post to the Services

You may post and share comments and content with other users through the Services. By using the Services, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:

1. is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
2. is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;
3. is illegal;
4. is tortious, defamatory, libelous or invasive of another's privacy or publicity rights;
5. infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
6. you do not have a right to make available under law or contractual or fiduciary relationships;
7. includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;
8. bears any false, disguised or misleading origin;
9. contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.

All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you message, upload, post, cause the display or performance of, email, transmit or otherwise make available via the Services.

Meebo reserves the right to, but has no obligation to, monitor or screen the content transmitted through, displayed or posted through the Services and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU TRANSMIT, DISPLAY OR POST THROUGH THE SERVICES.

Prohibited Activities

You may not use the Services to do any of the following:

1. harass or advocate harassment of another person or entity;
2. perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;
3. provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;
4. impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
5. transmit unsolicited mass mailings, "spim" or "spam;"
6. collect or store any information about other users or members, other than in the normal course of using the Services for their intended purpose of facilitating voluntary communication among users;
7. transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item.

You may not do any of the following to the Services:

1. use the Services in any manner that could damage, disable, overburden, disrupt or impair the Services or any Meebo server, or the network(s) connected to any Meebo server, or interfere with any other party's use and enjoyment of the Services;
2. disobey any applicable policies or regulations of networks connected to the Services;
3. modify, adapt, translate or reverse engineer the Services
4. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services;
5. frame the Services or reformat them in any way; or
6. create user accounts using any automated means or under false pretenses.

Other Requirements

To the extent that you use or connect to any third party messaging services and/or content delivery systems through the Services, you agree that you will comply with all terms and conditions of use for those services, including without limitation, the proper registration for, acquisition and use of a user name and password for such system.

You understand that the Services are offered to the public free of charge. If you use the Services to advertise products or services in any way other than pursuant to an Advertising Agreement executed by you and Meebo ("Unauthorized Advertising"), Meebo reserves the right to restrict your access to the Services and to contact you about such Unauthorized Advertising. If you are so contacted and wish to continue using the Services for commercial use, you may request, or Meebo may request that you work with Meebo, subject to Meebo's approval, to execute an Advertising Agreement defining the terms and conditions under which you may advertise on the Services.

3. NO RESPONSIBILITY FOR THIRD PARTY CONTENT OR ACTIONS

You understand that the Services, including Meebo Rooms, act only as a forum and technical interface between users and that Meebo does not itself verify the qualifications of users and does not evaluate or control exchanges between users. Any opinions or statements expressed by a user are those of the user alone, and are not to be attributed to Meebo. Meebo cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, or legality of anything said, written, posted, displayed or otherwise made available by any user.

You understand that you may be exposed to content that you find offensive to you and that you use the Services at your own risk.

4. INTERSTATE AND INTERNATIONAL USE

You consent to the collection and processing of personal information in the United States regardless of where you are located. All users understand the potential cross-border nature of communications made using the Services and acknowledge that using the Services may result in interstate and international transmission of data.

5. NOTICE TO USERS OF MEEBO ROOMS

Meebo allows you to embed Meebo Rooms in other sites by including links to the Meebo Room on that site. You understand that linking to or otherwise embedding a Meebo Room in another site is subject to the policies of the receiving site and to the technical capabilities of your browser. You understand that each Meebo Room link requires an open connection to receive the content stream for any embedded Meebo Room. Meebo reserves the right to restrict your access to Meebo Rooms or terminate any embedded Meebo Room under any circumstances. In particular, Meebo may terminate your access to Meebo Rooms if Meebo Rooms are accessible from websites under a single domain that together have more than two hundred (200) aggregate simultaneous peak users, at the request of the owner of the content featured in the Meebo Room, or if Meebo determines that the Meebo Room may cause harm to Meebo's business.

Meebo reserves the right to terminate a Meebo Room, remove users from a Meebo Room and/or limit the number of embedded copies of a Meebo Room if Meebo determines in its sole discretion that not doing so could adversely affect the Services, Meebo, or its users. Users of Meebo Rooms may not create a link to a Meebo Room or otherwise embed or cause to display any instance of any Meebo Room on any website that contains, propagates, or otherwise displays any adult, illegal or patently offensive content.

You understand that no content appearing in any Meebo Room, except for the chat history, is hosted or served on the Meebo servers, and that, as a result, Meebo has no control over the accessibility of content from third party servers, nor does it guarantee the accuracy, quality or integrity of content posted or displayed in any Meebo Room.

You also understand that Meebo offers users of Meebo Rooms the ability to mark content posted in a room of which they are a member as inappropriate ("User Flagged Content"). User Flagged Content may automatically and immediately be removed from the Meebo Room(s) in which it was flagged. MEEBO IS NOT RESPONSIBLE FOR NON-DISPLAY OR INCORRECT DISPLAY OF ANY CONTENT IN A MEEBO ROOM. Meebo reserves the right to, but shall not be obligated to, review User Flagged Content and may determine in its sole discretion and in compliance with all applicable laws whether to re-post any previously removed User Flagged Content to the Meebo Room in which it was originally posted. Meebo shall be under no obligation to review any User Flagged Content once it is removed from the Services. Meebo may disclose User Flagged Content and user account information for the user who posted the User Flagged Content in connection with an investigation of a breach of these Terms of Use or to law enforcement in accordance with the Meebo Privacy Policy.

6. LICENSE AND CONFIDENTIAL INFORMATION

By sending messages or posting information or content to the Services, including in any Meebo Room, you automatically grant, and you represent and warrant that you have the right to grant, to Meebo an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

No information or content of any kind that you submit to Meebo, upload, post, cause to be displayed or performed, transmit or otherwise make available using the Services shall be deemed confidential or secret information.

Notwithstanding the foregoing, Meebo will only disclose communications or content transmitted through private IM chats in accordance with the Meebo Privacy Policy.

7. COPYRIGHT AND TRADEMARKS INFORMATION

COPYRIGHT NOTICE: Copyright © 2005 - 2009 Meebo, Inc. All Rights Reserved.

"Meebo" is a registered trademark of Meebo, Inc. All other trademarks, trade names, service marks, service names are the property of their respective holders, including but not limited to, the following:

• "AIM" and the running man logo are registered trademarks of America Online, Inc.
• "Google Talk" is a registered trademark of Google Inc.
• "ICQ" is a registered mark of ICQ, Inc.
• "JABBER®" is a registered trademark, and its use is granted under a sublicense from the Jabber Software Foundation.
• "MSN" and the butterfly logo are registered trademarks of Microsoft Corporation.
• "Yahoo!" and "Yahoo! Messenger" are registered trademarks of Yahoo, Inc.

THIS SITE IS NOT AFFILIATED WITH OR ENDORSED BY
America Online, Inc., Google Inc., ICQ, Inc., Jabber Software Foundation, Microsoft Corporation or Yahoo, Inc.

8. COPYRIGHT POLICY

In addition to any other use restrictions set forth in this Agreement, you may not engage in or facilitate the posting, modification, distribution, or reproduction of any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Meebo to terminate all privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Company by the copyright owner or the copyright owner's legal agent.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in an email enables us to most efficiently locate and remove the infringing material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notice should be provided:

By email: antipiracy@meebo-inc.com (Attn: Copyright Agent).

With a copy by mail to: 215 Castro St., 3rd Floor, Mountain View, CA 94041 (Attn: Copyright Agent).

9. PRIVACY POLICY

Meebo respects your desire for privacy. Meebo's Privacy Policy can be found at http://www.meebo.com/privacy. By using the Services, you are consenting to the terms of our Privacy Policy.

10. THIRD PARTY WEB SITES, SERVICES, AND CONTENT

The Services may contain links to third-party sites that are not under the control of Meebo, and Meebo is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Meebo endorses or accepts any responsibility for the content on any third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Meebo is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Services.

In addition, links to advertising that has not been approved by Meebo may be embedded in third party content displayed on the Services. Meebo is not responsible for any content, cookies, or other technology used in connection with such advertising.

Provisions Relating to AOL Instant Messenger and Other Third Party Messaging Services

Meebo users can use Meebo to log into and use their accounts with different third party instant messaging services. You use of any third party instant messaging service through Meebo is subject to the terms and conditions of those services.

AOL Instant Messenger

One of the services available through Meebo is AOL Instant Messenger "AIM" For more information about the accessibility of AIM through Meebo, see the "AIM® Enabled" website.

The following provisions apply to your use of AIM through Meebo:

• Meebo, and not AOL, is responsible for the Meebo service.
• All components and services of AOL are provided as-is, without any warranties, and AOL expressly disclaim all implied or express warranties, including the implied warranties of merchantability, accuracy, fitness for a particular purpose and non-infringement, with respect to the AOL components use or operation alone or in combination with Meebo.
• You may not modify or create derivative works of any Third Party IM Provider components of Meebo.
• You may not decompile, reverse engineer, disassemble, or otherwise reduce the AIM components of Meebo to a human-perceivable form, to the full extent allowed by law.
• You may not take any action that (a) creates, or purports to create, any obligation on behalf of AOL, or (b) grants, or purports to grant, any rights or immunities to any third party under AOL's intellectual property rights or its other proprietary rights.
• Ownership of the AIM components and services resides with AOL.
• AOL is not liable for any service interruptions, your inability to access the AIM messaging network, or the discontinuation of the AIM service, to the maximum extent permitted by law, even if you or your licensors have been informed of such damages.
• AIM is not liable for any indirect, special, incidental, punitive, or consequential damages.

When you use AIM, AOL's collection of data is subject to its own privacy policies, available at http://about.aol.com/aolnetwork/mem_policy and http://about.aol.com/aolnetwork/aol_pp,

Meebo may also collect data about you when you use AIM, and that collection of data is subject to Meebo's privacy policy, which may differ from AOL's privacy policies.

11. SOFTWARE DOWNLOADS

Meebo offers you the ability to download certain software through the Services to enhance your usage of the Meebo service. The software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title of the Software to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Your usage of the Software is subject to these Terms of Use and all references to "Services" in these Terms of Use include the Software.

Meebo may send automatic updates of the Software to the computer onto which it has been downloaded, and you consent to those updates.

The Software is subject to United States export controls. Thus, no Software may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List. By downloading any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

Special Provisions Relating to the Meebo Notifier Software

The Meebo Notifier software will cause Meebo to automatically launch when you turn on your computer. Meebo Notifier automatically logs you into your Meebo IM account or into any third-party IM service account that you designate. Your user name and password will be stored by the Meebo Notifier software onto your computer.

Some third party IM services do not allow you to be logged into their IM service through two log-ins at the same time. If Meebo detects during the Meebo start-up process that you have been logged off of a third party IM service connection that you established through Meebo because you have subsequently logged onto that IM service through another means, we will offer you the opportunity to stop the third-party IM service from launching on start-up so that the conflict will not occur. If you choose that option, the third party IM service will not be activated on start up.

12. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY; ABILITY TO CHANGE OR TERMINATE SERVICES

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, THE SERVICES AND ALL INFORMATION ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND AND MEEBO HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, MEEBO DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. Because some jurisdictions do not allow the exclusion of implied warranties, some of these exclusions may not apply to you. If any state or other jurisdiction does not allow the exclusion or warranties, then Meebo's warranties shall be limited in those jurisdictions to the extent permitted by law.

IN NO EVENT SHALL MEEBO BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR INFORMATION AVAILABLE FROM THE SERVICES. If any state or other jurisdiction does not allow the exclusion or limitation of liability for damages, then Meebo's liability shall be limited in those jurisdictions to the extent permitted by law.

Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Services. The Services may contain technical inaccuracies or typographical errors. Meebo assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on the Services.

Meebo may terminate or make changes to all or any portion of the Services, product offerings, and any other information and materials available on or through the Services and may delete any content that has been submitted to the Services at any time and without notice or liability.

13. INDEMNITY

You agree to indemnify, defend, and hold Meebo and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of the Services, your connection to the Services, your violation of the Terms of Use or Privacy Policy, or your violation of any rights of other users of the Services. Any such indemnification shall include the payment of reasonable attorneys. fees incurred in the defense of such claim.

14. TERMINATION OF ACCESS TO MEEBO; CONSEQUENCES OF VIOLATION OF TERMS OF USE

Meebo reserves the right to terminate your privilege to use the Services at any time for any reason. In addition, Meebo shall have the right to (i) remove any material that in its sole opinion may violate, or that is alleged to violate, any applicable law or these Terms of Use; (ii) terminate a Meebo Room or any other portion of the Services, and/or remove a user or users from a Meebo Room or otherwise terminate any use of the Services if Meebo determines in its sole discretion or had a good faith concern that such use is unlawful and/or prohibited by these Terms of Use; and (iii) inform law enforcement of any illegal activity or material Meebo suspects or discovers on, through, or otherwise relating to the Services and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.

15. NOTICES

We may be required by state or federal law to notify you of certain events. In addition, we may need to notify you from time to time regarding changes to these Terms of Use or to the Services. You agree that such notices will be effective upon our posting them on the Site, sending them to you through email or postal mail, or notifying you via other means required by law. If you do not provide us with accurate information to contact you, we will not be held liable if we fail to notify you.

You consent to receiving any notices regarding the Terms of Service or the Privacy Policy or any notice required by law, including notice of a any breach of security involving your personally identifiable information, through email.

Any notices that we send to you by email will be sent to the email address you provided when you registered for an account or the email address in your profile.

16. GENERAL INFORMATION

The Terms of Use, the Privacy Policy and any applicable guidelines or additional terms posted on the Services constitute the entire agreement between you and Meebo, govern your use of the Services, and supersede any prior agreements between you and Meebo relating to your use of the Services (including, but not limited to, any prior versions of the Terms of Use or Privacy Policy). If you sign up or register for additional Meebo services that use third-party content or third-party software, you may also be subject to additional terms and conditions that apply to such third-party content or third-party software. By accessing the Services you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the use of the Services, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the City and County of Santa Clara in the State of California, USA and you consent to the personal jurisdiction of those courts. The failure of Meebo to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, the Terms of Use or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred. All headings in the Terms of Use are for convenience only and have no legal or contractual effect.

17. COMMENTS AND QUESTIONS

If you have any comments or questions you may address them to the customer service department at Meebo at http://www.meebo.com/support/contact/, via mail addressed to Customer Service, Meebo, Inc., 215 Castro St., Mountain View, CA 94041, or by phone at (650) 237-3130.