Meebo terms of use

Last updated: November 16, 2010

What these Terms of Use cover

These Terms of Use cover all of the websites and services offered by Meebo, including those listed here, Meebo Alpha and the Meebo MiniBar. By visiting or using Meebo, you agree to these Terms of Use.

The use of Meebo is also governed by our Privacy Policy.

We reserve the right to update 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 or after notice of any changes means that you have accepted those changes.

Restrictions on use

Content You Post
You may post and share content, images and other information with other users through Meebo. By using Meebo, you agree not post to or send through Meebo any content that:

• is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
• is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;
• is illegal;
• is tortious, defamatory, libelous or invasive of another's privacy or publicity rights;
• infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
• you do not have a right to make available under law or contractual or fiduciary relationships;
• includes copyrighted materials for which you do not possess appropriate rights;
• bears any false, disguised or misleading origin;
• 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 content posted to or sent through Meebo is the sole responsibility of the person who sends or publishes it. Meebo reserves the right to monitor or screen the content posted to or sent through Meebo and to remove any content in its sole discretion, but we are not obligated to do so.

YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT YOU TRANSMIT, DISPLAY OR POST THROUGH MEEBO.

Prohibited Activities
You may not use Meebo to do any of the following:

• harass or advocate harassment of another person or entity;
• 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;
• 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;
• impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
• transmit unsolicited mass mailings, "spim" or "spam;"
• collect or store any information about other users or members, other than in the normal course of using Meebo for their intended purpose of facilitating voluntary communication among users;
• transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item.

You may not do any of the following to Meebo:

• use Meebo in any manner that could damage, disable, overburden, disrupt or impair the service or any Meebo server, or the network(s) connected to any Meebo server, or interfere with any other party's use and enjoyment of Meebo;
• disobey any applicable policies or regulations of networks connected to Meebo’s network;
• modify, adapt, translate or reverse engineer our systems;
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the our systems;
• frame Meebo or reformat it in any way; or
• 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 instant messaging services, social networks (such as Facebook or Twitter) or other third-party applications through Meebo, you agree to comply with all terms and conditions of use for those services.

You understand that Meebo is offered to the public free of charge. If you use Meebo for any commercial purpose, including to advertise products or services in any way other than pursuant to an advertising agreement executed by you and Meebo, Meebo reserves the right to restrict your access to Meebo and to contact you about entering into an agreement covering your commercial use.

User content and abuse

Meebo allows users to communicate and share information with each other. Meebo does not verify the qualifications or identity of users and does not evaluate or control exchanges between users. Any content transmitted or actions taken by a user are the sole responsibility of the user and are not to be attributed to Meebo. Meebo cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, or legality of anything posted to or sent through Meebo by any user.

You understand that you may be exposed to content that you find offensive to you and that you use Meebo at your own risk. Meebo’s IM functionality gives you the ability to block users so that they can no longer send you messages.

Third party services

Meebo also allows you to access third-party IM services, social networks and applications. It also contains links to third-party websites and includes advertising for third-party products and services. Meebo is not responsible for, nor does it guarantee the accuracy or integrity of, the content or services of any third-party website, service, product or application accessible through Meebo.

Any interactions you have with these third parties 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 dealings with third parties or as the result of the presence of links to such third party websites or services on Meebo.

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.

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 Meebo and acknowledge that using the Services may result in interstate and international transmission of data.

License and confidential information

By sending messages or posting information or content to Meebo, 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 Meebo 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.

Meebo MiniBar and other software downloads

Meebo offers you the ability to download software to enhance your usage of the Meebo service. This includes the MiniBar, our mobile applications, Notifier and the Firefox Extension. This software, including any files, images incorporated in or generated by the software, and data accompanying the software, is licensed to you by us or third-parties 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.

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

The software is subject to United States export controls. You may not download or export the Software (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 MiniBar
The Meebo MiniBar is a browser extension that is displayed in the lower right-hand corner of your browser window. The MiniBar may cover a small amount of the web page that you’re viewing. Sometimes the MiniBar may conflict with other browser extensions or toolbars that are designed to occupy the same space in your browser window. By downloading the MiniBar you consent to these conflicts. You can always minimize the MiniBar by clicking on the downward pointing arrows or uninstall it by following the options in your browser menu.

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.

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 in its sole discretion. 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.

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).
By mail to: 215 Castro St., Mountain View, CA 94041 (Attn: Copyright Agent).
By phone: (650) 237-3130

Trademark information

"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.
• "Windows Live" and the Windows Live Messenger icon are registered trademarks of Microsoft Corporation.
• "Yahoo!" and "Yahoo! Messenger" are registered trademarks of Yahoo, Inc.
• “Facebook” is the registered trademark of Facebook, 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.

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.

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 Meebo, your connection to Meebo, your violation of the Terms of Use or Privacy Policy, or your violation of any rights of other users. Any such indemnification shall include the payment of reasonable attorneys. fees incurred in the defense of such claim.

Termination of access to Meebo and violation of Terms of Use

Meebo reserves the right to terminate your usage of Meebo 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 any Meebo service 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.

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, our Privacy Policy or the services. You agree that such notices will be effective upon our posting them on the Meebo.com, sending you a message through Meebo’s instant messaging platform, 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 or through an instant message to your Meebo account.

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.

General information

The Terms of Use, the Privacy Policy and any applicable guidelines or additional terms posted on Meebo constitute the entire agreement between you and Meebo, govern your use of Meebo, and supersede any prior agreements between you and Meebo relating to your use of Meebo (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 Meebo 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.

Comments and questions

If you have any comments or questions you may address them to the customer service department at Meebo at 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.