Welcome to the Activeweave Stickis and Blogrovr Beta Programs.
In completing the registration process you have agreed to the Terms of Service specified here.
These are the terms of use for Activeweave and Activeweave Stickis and Activeweave Blogrovr during the Activeweave Beta Program beginning Aug 1, 2006. The purpose of the Beta program is to gather information and feedback to assist in improving Activeweave Stickis and Blogrovr to further the development of Activeweave's product lines.
Activeweave does not guarantee any level of service, security, or confidentiality of submitted or derived information. Please take this into account, and refrain from entering into Activeweave or Stickis and/or Blogrovr any information which you would not want potentially redistributed. Of course, we will make our best effort at continuing to provide a reliable, useful, secure,and private service, but we providing no guarantees of any of this during the beta period.
Materal explicitly marked private in Stickis notes will be protected from disclosure to the best of our ability.
Activeweave will apply its best efforts to provide safeguards on privacy, confidentiality, and to allow Members to retain control over information they contribute. and to allow Members to retain control over information they contribute.
END USER LICENSING AGREEMENT
Activeweave and Activeweave Stickis and/or Blogrovr software shall be collectively referred to as "Licensed Materials."In order to install any Licensed Materials, you must agree to these Terms. Installation and use of the Licensed Materials is voluntary and you may terminate these Terms at any time by uninstalling all Activeweave software. More detailed uninstall instructions may be found in the section entitled UNINSTALL below.
Activeweave may also modify or discontinue your right to access or use the Licensed Materials at any time and for any reason.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
activeweave.com, Stickis.com, Blogrovr.com, Activeweave Stickis and Blogrovr software are owned and operated by Activeweave ("Activeweave") and are provided to you ("Member") under the terms and conditions of this Activeweave Terms of Service (ATS) and any operating rules or policies that may be published by Activeweave. The ATS comprises the entire agreement between Member and Activeweave and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE ATS.
DESCRIPTION OF SERVICE
Activeweave provides you with various publishing and community services, including but not limited to the capability to post information to a web page and participate in web-based discussions. Some of these services will be free of charge; others may cost money or have other requirements. The requirements or fees for any service or option will be clearly explained and separately agreed to when Member implements those options, if any. Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any fees associated with such access.
Among other services, you acknowledge that Activeweave
provides you with Stickis and/or Blogrovr
overlayed information which appears where and when you've
specified, and hovers over the content of the original Web page being browaser. The content of the Stickis and/or Blogrovr note may includes your own
annotations, as well those of Services and community and blog-originated annotations
which you've opted into or which Activeweave may recommend based on your
expressed or implicitly determined preferences and behaviors.
Activeweave's overlayed annotations have their own characteristic look-and-feel,
and you acknowledge that by enabling Licensed Materials, you wish
to have Activeweave content delivered in the manner described.
You also acknowledge awareness that the content presented by Stickis and/or Blogrovr is content that
may NOT originate with the owner of the Web page over which the content is displayed.
You acknowledge by use of Stickis and/or Blogrovr
that you consider access to the underlying Web page to be unfettered, unhindered, and uncompromised
in its ability to deliver a cogent stand-alone message, and that you do not find the overlay and hover juxtaposition
by Stickis and/or Blogrovr to be confusing or capable of misleading
you into thinking that the Sticki content is served by the owner of
the underlying web page.
As such confusion on your part
defeats the goals of our providing the Sticki and/or Blogrovr
service, you agree,
if you find yourself thus confused or uncertain of the provenance of the information you are
receiving or of what constitutes the entirety of the Web page being visited, to cease using
Stickis and/or Blogrovr and
uninstall Licensed Materials.
MODIFICATIONS TO TERMS OF SERVICE Activeweave may change the terms and conditions of the
ATS from time to time. Upon major changes in the terms and conditions of the
ATS, Activeweave will notify you by posting the changes as a start-up screen
prior to your subsequent use of the Service. If you agree to be bound by the
changes, you must again click the "I Accept" button that will follow
the posted changes. If you do not click the "I Accept" button, you
may terminate your use of the Service at that time. Minor changes in the terms
and conditions of the ATS will be posted to Stickis and/or Blogrovr at http://www.activeweave.com/register/terms/. Member's continued use of the Service constitutes an
affirmative: (1) acknowledgment by Member of the ATS and ATS modifications; and
(2) agreement by Member to abide and be bound by the ATS and ATS modifications. MODIFICATIONS TO SERVICE Activeweave reserves the right to modify or discontinue
the Service with or without notice to Member. Activeweave shall not be
liable to you or any third party should Activeweave exercise ATS right to
modify or discontinue the Service. SCOPE OF LICENSE AND LICENSE RESTRICTIONS.
Solely for Member's own personal, non-commercial purposes, we grant Member the right to install the Licensed Materials and use the Activeweave site and software. These are Member's only rights with regard to the Licensed Materials. The Licensed Materials are licensed, not sold to Member. Member may not modify, reverse-engineer, decompile, disassemble, or otherwise discover the Licensed Materials. All communications between Activeweave the Licensed Materials and the content stored on Activeweave's computer servers and in the Licensed Materials includes confidential information of Activeweave and Member may not access, publish, transmit, display, create derivative works of, store, or otherwise exploit any such confidential information except as such functions are performed by the Licensed Materials in the ordinary course of operation. You do not have the right to create derivative works of Licensed Materials.
Activeweave owns all code, business practices, and ideas Member may encounter while using Activeweave's services and Licensed Material. Members agree not to show, publish, share, disseminate, or store any code, processes, or information they encounter pertaining to Licensed Material, save for annotation content they themselves contribute.
PRIVACY POLICY
It is Activeweave policy to respect the privacy of Members. Therefore, Activeweave will not disclose to any third party Member's contact information without obtaining Member's permission.
During the Activeweave Beta period, all information entered into Activeweave by Member as well as all information derived from the user's use of Activeweave or Stickis and/or Blogrovr software become the exclusive property of Activeweave. Notwithstanding this, Activeweave will provide Member unrestricted access to content entered into Activeweave by the Member on a best efforts basis, and so long as Member continues to be a user.
CONTENT RESPONSIBILITY
Member acknowledges and agrees that Activeweave neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a Member of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time (to do so, log into your account and select Settings to edit your password).
Member agrees to notify immediately Activeweave of any unauthorized use of your account or any other breach of security known to you.
UNINSTALL
Uninstallation of Licensed Materials may be performed from within Firefox, by selecting the menu item Tools, the the submenu item Extensions. The dialog which comes up will contain an entry for Stickis and/or Blogrovr, which should be selected. The Uninstall button at the bottom of that dialog pane should then be clicked. Upon completion of the ensuing uninstall action, exit Firefox and restart it. All Licensed Material and interaction with Stickis and/or Blogrovr will have ceased.
Uninstallation of Licensed Materials may be performed for the Internet Explorer version, by closing all Internet Explorer Windows, oopening the Windows Control Panel, selecting the Add or Remove Programs entry item, selecting Activeweave, Stickis, or BlogRovR, …for Internet Explorer, and clicking the Remove button. All Licensed Material and interaction with Stickis and/or Blogrovr will have ceased.
DISCLAIMER OF WARRANTIES
Member expressly agrees that use of the service is at member's sole risk. The service is provided on an "as is" and "as available" basis.
Activeweave, Inc. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Activeweave, Inc. makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected.
Member understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
Activeweave, Inc. makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service.
No advice or information, whether oral or written, obtained by you from or through the service shall create any warranty not expressly made herein.
Some jurisdictions do not allow the exclusion of certain warranties, if so, some of the exclusions above may not apply to you.
LIMITATION OF LIABILITY
Activeweave, Inc. shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchase or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of member's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if has been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
PERSONAL USE
Your Activeweave beta account is only for your own, personal use. It may not be used by anyone else, nor for any commercial purposes. We welcome your suggestions of others' you would like to see included in this beta or subsequent programs.
STORAGE AND OTHER LIMITATIONS
Activeweave assumes no responsibility for the deletion or failure to store information entered into Activeweave.
Activeweave has set no fixed upper limit on the number or posts Member may send or receive through the Service or the amount of storage spaced used; however, Activeweave retains the right, at Activeweave, Inc.'s sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the ATS and may terminate Service if a Member's conduct is found to be inconsistent with the ATS.
MEMBER CONDUCT
Member is solely responsible for the contents of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations.
Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
Activeweave may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these terms and conditions of the ATS.
INDEMNIFICATION
Member agrees to indemnify and hold Activeweave, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of this ATS by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.
TERMINATION
Either Member or Activeweave may terminate the Service with or without cause at any time and effective immediately. Activeweave shall not be liable to Member or any third party for termination of Service.
Should Member object to any terms and conditions of the ATS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately discontinue use of the Service.
Upon termination of the Service, Member's right to use the Service and Software immediately ceases. Member shall have no right and Activeweave will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.
NOTICE
All notices to a party shall be in writing and shall be made either via email or conventional mail. Activeweave may broadcast notices or messages through the Service to inform Member of changes to the ATS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.
PARTICIPATION IN PROMOTIONS OF AFFILIATES
Member may enter into correspondence with or participate in promotions of Affiliates whose products may be introduced to them through Activeweave. Such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Affiliate. Activeweave assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by Activeweave or Activeweave's Affiliates, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Affiliate. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Affilitate.
LAWS
The ATS shall be governed by and construed in accordance with the laws of the state of California, excluding ATS conflict of law provisions.
Member and Activeweave agree to submit to the exclusive jurisdiction of the courts of the state of California. If any provision(s) of the ATS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Activeweave's failure to exercise or enforce any right or provision of the ATS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Activeweave in writing.
Member and Activeweave agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the ATS are solely used for the convenience of the parties and have no legal or contractual significance.
GENERAL
These Terms set forth the entire understanding and agreement between Member and Activeweave, Inc. with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby.
Except as described herein, Member may not assign these Terms without our explicit consent.
These Terms may change in the future. In such case, and when appropriate, Activeweave will obtain Member's consent prior to the new Terms.
Member is responsible for fees associated with gaining access to the Licensed Materials, including the fees associated with the equipment necessary to access the Internet and the fees charged by your ISP.
Date of this version of this ATS is March 6, 2007.
