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terms of service
1)Users under Age 13 The site is not intended for use by individuals under 13 years of age. If you are under 13 years of age, you may not use the site. 2)Intellectual Property Ownership All content in the site is a collective work owned by France Telecom and is protected by U.S. and international copyright laws. Copyright 2005 France Telecom. All rights reserved. All elements comprising the site, including without limitation, the text, site design, logos, graphics, icons and images, but excluding User Content (as defined below), as well as the selection, assembly and arrangement thereof (which selection, assembly and arrangement thereof includes User Content) are the sole property of France Telecom or its licensors, and are protected by U.S. and international copyright laws. All software used in the site is the property of France Telecom or its licensors, and such software is also protected by U.S. and international copyright laws. Permission is granted to electronically display and electronically copy and print hard copy portions of the site for your own personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of any content of the site is strictly prohibited. The trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with the site are owned by France Telecom or third parties who have authorized their use. Without limiting the foregoing, bubbletop and FRANCE TELECOM are trademarks of France Telecom. User Content All photos, images and other content uploaded to the site by users (“User Content”) remain the property of their respective owners. You hereby grant France Telecom a non-exclusive, worldwide, royalty-free, sublicenseable right and license to use, publish, copy, modify, transmit, display and distribute User Content supplied by you in connection with the site and the services available on the site. You waive any moral rights, droit de suite or similar rights, which you have (if any) in connection with such User Content. You irrevocably grant France Telecom and users of the site the right to display and copy and print hard copies of such User Content. 3)Limitations on Use You agree not to use the site or any products or services available on the site for any purpose that is unlawful or prohibited by these terms and conditions. You agree not to post or submit to the site any User Content or other material that (a) infringes the copyright, trademark, trade secret or other proprietary rights of others; (b) violates the privacy or publicity rights or other personal rights of others; (c) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another party; or (d) impersonates another person. You further agree not to submit any User Content or other materials that contain viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You may not attempt to gain unauthorized access to the site or any products or services available on the site, other accounts, computer systems or networks connected to the site through hacking, password mining, the impersonation of others, the unauthorized use of another’s user name, password or other information, or any other means. You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy pages of the site or the content contained herein without France Telecom’s express prior written permission. You agree not to use any latitude and longitude coordinates (geocodes) assigned to locations by operation of the site for any other purpose. You agree that all identifying information submitted to the site (including without limitation your name and email address) will be complete, accurate and truthful. France Telecom has the right, but not the obligation, to monitor, edit or remove any content from the site that, in its sole discretion, is unacceptable, undesirable, inappropriate or in violation of these terms and conditions. 4)Disclaimer of Warranty THE SITE, ITS CONTENTS AND THE PRODUCTS AND SERVICES AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. France Telecom EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, ITS USES AND THE PRODUCTS AND SERVICES OFFERED ON THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. Some states do not allow the disclaimer or limitation of warranties, so the disclaimers set forth above may not apply to you. 5)Limitation of Liability IN NO EVENT SHALL France Telecom, ITS SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, REPRESENTATIVES, SUPPLIERS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITE AND/OR ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE AT THE SITE. Some states do not allow the disclaimer or limitation of damages, so the disclaimers set forth above may not apply to you. 6)Third Party Links and Frames France Telecom may provide links to websites operated by third parties. France Telecom makes no representations whatsoever about any third party websites that you may access through the site. France Telecom is not responsible for the privacy practices, content or operation of such websites. France Telecom prohibits the framing of any materials available through the site. France Telecom reserves the right to disable any unauthorized frames and specifically disclaims any responsibility for the contents of any other websites linked to the site. You may not use the site or any services available at the site on or in connection with any other website. 7)Communications with France Telecom By sending France Telecom any ideas, comments, suggestions, questions or other material, you grant France Telecom an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material in any manner, including in connection with France Telecom’s business, and you also agree that France Telecom is free to use any ideas, concepts, know-how or techniques that you send France Telecom for any purpose. You agree that no comments or other information submitted by you to France Telecom will violate any personal or proprietary right of any third party (including, without limitation, copyright and trademark rights). You agree that no comments or other information submitted by you to France Telecom will be libellous, obscene, harassing, abusive or otherwise unlawful and that you shall remain solely liable for the contents of any comments or other information submitted by you to France Telecom. 8)Privacy Policy Please review France Telecom’s Privacy Policy for information on France Telecom’s privacy practices with respect to the site. 9)Indemnity You agree to indemnify, defend, and hold harmless France Telecom, its subsidiaries and their respective officers, directors, employees, agents, shareholders, representatives, suppliers and content and service providers from and against all losses, expenses, damages and costs, including reasonable attorneys fees, resulting from any violation of these terms and conditions or any activity related to your account with France Telecom (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account, France Telecom site user name or account password. 10)Applicable Law Use of the site shall be governed by the laws of the State of California without regard to its choice of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in County of San Mateo, California with respect to any legal proceedings arising out of these terms and conditions or your use of the France Telecom site. Any cause of action or claim you may have with respect to the France Telecom site (including without limitation your purchase of France Telecom products) must be commenced within one (1) year after the cause of action or claim arises. 11)Changes to the Site; Termination This site is in beta stage testing at this time and is being offered solely as a market trial. France Telecom reserves the right to change or discontinue, temporarily or permanently, the site, and those products and services available at the site, including but not limited to revising and/or deleting features or other information without prior notice to you. You agree that France Telecom shall not be liable to you for any modification, suspension, discontinuance or deletion of the site, any elements comprising the site or any products or services available on the site (including without limitation, deletion of any User Content). France Telecom reserves the right, at its sole discretion, immediately and without notice to you, to suspend or terminate your account and/or your ability to access the site and the products and services available on the site, for any reason. 12)Notices of claimed infringement If you believe that your work has been copied and is accessible on the site in a way that constitutes copyright infringement, please provide the following information in writing to France Telecom’s Copyright Agent named below: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the site; (4) your address, telephone number and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. France Telecom’s Copyright Agent for notice of claims of copyright infringement can be reached at: 801 Gateway Boulevard, Suite #500, Attn: Copyright Agent, South San Francisco, CA 94080. France Telecom’s Copyright Agent can also be reached by facsimile at (650) 875-1505 or by email at Copyright Agent@bubbletop.com, sent, in each instance, to the attention of Copyright Agent. 13)About Terms and Conditions France Telecom reserves the right to change, alter or modify these terms and conditions for any reason at any time. When France Telecom does so, changes in these terms and conditions will be posted on the site and will be effective immediately and binding on you from the date of posting. If you visit regularly, please check these terms and conditions on a regular basis. 14)Using the bubbletop Gadgets API Thanks for your interest in the bubbletop Gadgets API! bubbletop has an integrated Application Program Interface ("API") for the bubbletop Personalized Homepage that you can use to develop "gadgets" (modules of content) for users to add to their bubbletop Personalized Homepage and potentially other bubbletop services, including syndicated services (“bubbletop Services”). By developing gadgets, you agree, on behalf of yourself and any affiliates identified in your gadget specification (together, "you" or "your" for the purposes of the API Terms and Conditions), to be bound by the following terms and conditions (the "API Terms and Conditions"), in addition to the bubbletop Terms of Service available at http://www.bubbletop.com/terms_of_service.html (or such successor URL as bubbletop may provide). If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these terms and conditions. If you don’t have the legal authority to bind, please ensure that an authorized person from your entity clicks to accept this contract when you submit your gadget. What is a gadget? A gadget is an XML file placed somewhere on the internet. The XML file that specifies a gadget contains instructions on how to process and render the gadget. Conditions of Use You must comply with the provisions of these API Terms and Conditions and the bubbletop Terms of Service. bubbletop reserves the right to modify these API Terms and Conditions from time to time in its sole discretion, without notice or liability to you. If a modification is unacceptable to you, you may terminate these API Terms and Conditions by ceasing use of the API and removing the XML files specifying the gadgets from the internet. By continuing to use the API, you will be deemed to have accepted these modifications. Please review the most current version of the API Terms and Conditions from time to time, located at http://www.bubbletop.com/apis/gadgets/terms.html (or such successor URL as bubbletop may provide), so that you will be apprised of any changes. In the event of a conflict between the API Terms and Conditions and the bubbletop Terms of Service, the API Terms and Conditions will control. Subject to the provisions in these API Terms and Conditions, you may develop, display and/or distribute your gadgets as part of a commercial or non-commercial enterprise, and you may develop gadgets for use in accessing paid content or services. However, you may not charge users any separate fee for the use of the gadget as part of the bubbletop Personalized Homepage. If you wish to sell or distribute gadgets for payment, you must enter into a separate agreement with bubbletop or obtain bubbletop's written permission If you provide information about you or relating to your gadget, you must provide complete and accurate information. As part of the gadget specification, bubbletop may ask that you include in the code for your gadget information such as your name and email address. Any information that you include in the gadget code will be publicly available as part of the source code for your gadget and bubbletop (or others) may contact you regarding the gadget using that information. In addition, in the event that you submit this gadget for inclusion in our directory of gadgets, bubbletop may use this information when featuring the gadget in our directory or for other uses. If your gadget enables you or any party to gain access to information about users of the gadget, including but not limited to personally identifying and non-personally identifying usage information, you or the party receiving the information must make publicly available on your website, and abide by, a legally adequate privacy policy. You provide your gadgets and any content at your sole option and bubbletop is not in any way responsible for the subsequent use or misuse by users who access your gadgets. You may discontinue use of the API and remove your gadget specification from the internet at any time. bubbletop reserves the right to refuse or discontinue participation to anyone, and to disable users’ access to any gadget, at any time in its sole discretion with or without notice. In the event either you or bubbletop chooses to discontinue your use of the API or one of your gadgets use of the API, you will promptly cease all use of the API or, if bubbletop expressly so requests, use of the API by that gadget. Prohibited Actions You will not and will not allow on your behalf third parties to (a) make and distribute copies of any aspect of the bubbletop Personalized Homepage (including the API) or accompanying documentation except as permitted by these API Terms and Conditions; (b) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, translate, or attempt to discover any prototypes, software, algorithms, or underlying ideas which embody the bubbletop Personalized Homepage or bubbletop API; or (c) create or attempt to create derivative works (including gadgets) of or from the bubbletop Personalized Homepage or bubbletop Gadgets API except as expressly described herein. Any gadget developed by you must not: (i) violate any applicable laws; (ii) violate any posted Program Policies; (iii) violate the legal rights of any third party, including but not limited to copyrights, trademarks, rights of privacy, and rights against defamation; (iv) include content or link to content that is obscene, pornographic, hateful or illegal; (v) mislead or attempt to mislead users; (vi) distribute or attempt to distribute harmful code, including but not limited to viruses and worms; (vii) violate bubbletop’s Software Principles available at http://www.bubbletop.com/intl/en/corporate/software_principles.html (or such successor URL as bubbletop may provide) and other policies as bubbletop may develop from time to time. Intellectual Property You direct and authorize bubbletop and its affiliates to host, link to, and otherwise incorporate your gadget into the bubbletop Personalized Homepage and other bubbletop Services, and to carry out any copying, modification, distribution, internal testing, or other processes necessary in order to make this authorized use. In addition, bubbletop and its affiliates, in their sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website or gadgets) for the purpose of advertising or publicizing your use of bubbletop Personalized Homepage and/or your creation of a gadget. You also agree that you will not yourself (and will not allow third parties to) remove, obscure, or alter bubbletop's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the bubbletop Personalized Homepage or the API. Neither you nor your employees, agents or contractors acquire nor will acquire any intellectual property rights under these API Terms and Conditions (including but not limited to patent, copyright, and trademark rights) except, for the authorized duration of your use of the API, a non-exclusive, revocable, non-sublicensable license to use the API to develop gadgets in accordance with and pursuant to these API Terms and Conditions, the bubbletop Terms of Service and all applicable Program Policies. We invite you to copy, modify, and reuse the source code from the gadgets listed on http://www.bubbletop.com/ig/directory in order to build your own, new gadgets for the bubbletop Personalized Homepage. However, we do not authorize you to reuse the content within those gadgets, such as weather forecasts, or any trademarks or other brand features. Representations; Warranties. You represent and warrant that (a) you have full power and authority to accept these API Terms and conditions; (b) you own and/or have obtained the necessary legal rights to provide all content contained in or transmitted through the gadget, and will maintain these rights for as long as the gadget is available to users; (c) you do not violate contractual or other legal obligations to any party by agreeing to the provisions of this API Terms and Conditions and creating and providing the gadget; (d) you will not violate the legal rights of any third party or any applicable law in creating and providing the gadget or any content contained in or transmitted through the gadget or in performing your obligations under these API Terms and Conditions, (e) the gadget shall not contain any pornographic, hate-related, violent, or illegal content; and (f) the gadget shall not contain any harmful or malicious code, including but not limited to viruses and worms. Indemnification You hereby agree to indemnify, defend and hold bubbletop, and its officers, directors, agents, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of: (i) your use of bubbletop API; (ii) your gadgets; (iii) any use by the users of your gadgets; (iv) any breach of or noncompliance with any representation, warranty or obligation in these API Terms and Conditions or applicable policies; and (v) any claim that your gadgets or any content available on or through your gadgets violates any applicable law, including without limitation that it infringes the rights of a third party. You shall cooperate as fully as reasonably required in the defense of any claim. bubbletop reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.You acknowledge that damages for improper use of the API may be irreparable; therefore, bubbletop is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies. Disclaimer Of Warranties bubbletop disclaims any responsibility for any harm resulting from your use of bubbletop API. bubbletop APIS ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. bubbletop EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. bubbletop DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF bubbletop API. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE bubbletop API AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF bubbletop API. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. Limitation Of Liability UNDER NO CIRCUMSTANCES SHALL bubbletop BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF bubbletop API. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF bubbletop HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE, MISUSE , OR RELIANCE ON bubbletop API, FROM INABILITY TO USE bubbletop API, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF bubbletop API. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Feedback If you have comments on the API or ideas on how to improve them, please visit the developers forum. Such feedback may include bug reports, problems or deficiencies encountered by you while using the API. Any feedback you provide will be considered the property of bubbletop, may be used by bubbletop and its affiliates for any purpose, and you will keep all feedback confidential. Miscellaneous Provisions These API Terms and Conditions do not create any agency or partnership relationship. These API Terms and Conditions are not intended to benefit, nor shall they be deemed to give rise to, any rights in any third party. These API Terms and Conditions will not be assignable or transferable by you without bubbletop’s prior written consent. These API Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these API Terms and Conditions to be unenforceable, the remainder of these API Terms and Conditions will continue in full force and effect. These API Terms and Conditions, together with the various Program Policies and other bubbletop documents referenced herein, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these API Terms and Conditions will be effective only if in writing and signed by bubbletop. 15)Questions If you have any questions about these terms and conditions, please contact us.
Postal contact: E-mail contact: support@bubbletop.com Fax contact: +1 (650) 875-1505 |
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