1st Issuance: February 13, 2016.
The website under www.outnsocial.comand the services on these pages are being offered to you by:
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “SRR”) derives from the OutNSocial™ Principles, and is our terms of service that governs our relationship with users and others who interact with OutNSocial™ By using or accessing OutNSocial™ you agree to this Statement, as updated from time to time in accordance with Section 14 below. Additionally, you will find resources at the end of this document that help you understand how OutNSocial™ works.
2. Sharing Your Content and Information
You own all of the content and information you post on OutNSocial™ and you can control how it is shared through your privacy and application settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with OutNSocial™ (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of OutNSocial™ to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about OutNSocial™ but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep OutNSocial™ safe, but we cannot guarantee it. We need your help to keep OutNSocial™ safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on OutNSocial™
- You will not collect users’ content or information, or otherwise access OutNSocial™ using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on OutNSocial™
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on OutNSocial™
- You will not use OutNSocial™ to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of OutNSocial™ such as a denial of service attack or interference with page rendering or other OutNSocial™ functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
4. Registration and Account Security
OutNSocial™ users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on OutNSocial™ or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- You will not use OutNSocial™ if you are under 16.
- You will not use OutNSocial™ if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
5. Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
- You will not post content or take any action on OutNSocial™ that infringes or violates someone else’s rights or otherwise violates the law.
- We can remove any content or information you post on OutNSocial™ if we believe that it violates this Statement or our policies.
- If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including OutNSocial™ and the OutNSocial icon and Logos), or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
- You will not post anyone’s identification documents or sensitive financial information on OutNSocial™
- You will not tag users or send email invitations to non-users without their consent. OutNSocial™ offers social reporting tools to enable users to provide feedback about tagging.
6. Mobile and Other Devices
- We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as data and text messaging fees, will still apply.
- In the event, you change or deactivate your mobile telephone number, you will update your account information on OutNSocial™ within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on OutNSocial™
If you use OutNSocial™ Perks, you agree to our Payments Terms.
8. Special Provisions Applicable to Social Plugins
If you include our Social Plugins, buttons on your website, the following additional terms apply to you:
- We give you permission to use OutNSocial’s Social Plugins so that users can post links or content from your website on OutNSocial™
- You give us permission to use and allow others to use such links and content on OutNSocial™
- You will not place a Social Plugin on any page containing content that would violate this Statement if posted on OutNSocial™
9. Special Provisions Applicable to Developers/Operators of Applications and Websites
If you are a developer or operator of a Platform application or website, the following additional terms apply to you:
- You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets our OutNSocial™ Platform Policies and our Advertising Guidelines.
- Your access to and use of data you receive from OutNSocial™ will be limited as follows:
i. You will only request data you need to operate your application.
iv. You will delete all data you receive from us concerning a user if the user asks you to do so, and will provide a mechanism for users to make such a request.
v. You will not include data you receive from us concerning a user in any advertising creative.
vi. You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a user consents to that transfer or use.
vii. You will not sell user data. If you are acquired by or merge with a third party, you can continue to use user data within your application, but you cannot transfer user data outside of your application.
viii. We can require you to delete user data if you use it in a way that we determine is inconsistent with users’ expectations.
ix. We can limit your access to data.
x. You will comply with all other restrictions contained in our OutNSocial™ Platform Policies.
You will not give us information that you independently collect from a user or a user’s content without that user’s consent.
You will make it easy for users to remove or disconnect from your application.
You will make it easy for users to contact you. We can also share your email address with users and others claiming that you have infringed or otherwise violated their rights.
You will provide customer support for your application.
You will not show third party ads or web search boxes on www.OutNSocial.com.
We give you all rights necessary to use the code, APIs, data, and tools you receive from us.
You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
You will not misrepresent your relationship with OutNSocial others.
You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our OutNSocial™ Platform Policies.
We can issue a press release describing our relationship with you.
You will comply with all applicable laws. In particular, you will (if applicable):
- have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
i. comply with the Video Privacy Protection Act (VPPA), and obtain any opt-in consent necessary from users so that user data subject to the VPPA may be shared on OutNSocial™. You represent that any disclosure to us will not be incidental to the ordinary course of your business.
We do not guarantee that Platform will always be free.
You give us all rights necessary to enable your application to work with OutNSocial™ including the right to incorporate content and information you provide to us into streams, profiles, and user action stories.
You give us the right to link to or frame your application, and place content, including ads, around your application.
We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
To ensure your application is safe for users, we can audit it.
We can create applications that offer similar features and services to, or otherwise compete with, your application.
About Advertisements and Other Commercial Content Served or Enhanced by OutNSocial™
If we ever deliver ads, our goal is to deliver ads and commercial content that are valuable to our users and advertisers. In order to help us do that, you agree to the following:
We do not share your personal information with advertisers without your consent.
You understand that we may not always identify paid services and communications as such.
Special Provisions Applicable to Software
If you download our software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software.
You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.
For changes to sections 7, 8, 9, and 11 (sections relating to payments, application developers, website operators, and advertisers), we will give you a minimum of three days’ notice. For all other changes, we will give you a minimum of seven days’ notice.
If more than 7,000 users post a substantive comment on a particular proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote.
If we make changes to policies referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
Your continued use of OutNSocial™ following changes to our terms constitutes your acceptance of our amended terms.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of OutNSocial™ to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.12, 11.13, and 15-19.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or OutNSocial™ exclusively in a state or federal court located in the city of Sydney. The laws of the State of Delaware will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in the United States, The State of Delaware
for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on OutNSocial™ you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on OutNSocial™ and are not responsible for the content or information users transmit or share on OutNSocial™ We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on OutNSocial™ We are not responsible for the conduct, whether online or offline, or any user of OutNSocial™
WE TRY TO KEEP OUTNSOCIAL™UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING OUTNSOCIAL™AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OUTNSOCIAL™WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT OutNSocial™ WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. OUTNSOCIAL™IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR OUTNSOCIAL™ EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR OUTNSOCIAL™WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, KALIIDO’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Special Provisions Applicable to Users Outside United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with OutNSocial™ outside the United States:
You consent to having your personal data transferred to and processed in United States.
By OutNSocial™ we mean the features and services we make available, including through (a) our website at www.OutNSocial.com and any other OutNSocial™ branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins, the Share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from OutNSocial™ or provide data to us.
By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with OutNSocial™
By “content” we mean anything you or other users post on OutNSocial™ that would not be included in the definition of information.
By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from OutNSocial™ or provide to OutNSocial™ through Platform.
By “post” we mean post on OutNSocial™ or otherwise make available by using OutNSocial™
By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By “active registered user” we mean a user who has logged into OutNSocial™ at least once in the previous 30 days.
By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
This Statement makes up the entire agreement between the parties regarding OutNSocial™ and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third-party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing OutNSocial™