Meebo terms of use

Last updated: December 3, 2012

What these Terms of Use cover

These Terms of Use cover the services offered by Meebo, including the Meebo Bar. By visiting or using Meebo services, you agree to these Terms of Use.

The use of Meebo services 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 services. By using Meebo services, you agree not to post or send through Meebo services 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 services 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 services 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 services 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, Twitter or Google+) or other third-party applications through Meebo services, you understand that those services’ respective terms of use and privacy policies govern your use of such services and 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 services and to contact you about entering into an agreement covering your commercial use.

User content and abuse

Certain Meebo services allow 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 services 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 services also allow you to access third-party 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 services. 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, applications or services on Meebo services.

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 services, 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.

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).

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.

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 Meebo services. The Meebo 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 Meebo services.

Meebo may terminate or make changes to all or any portion of the Meebo services, product offerings, and any other information and materials available on or through the Meebo services and may delete any content that has been submitted to the Meebo 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 services and violation of Terms of Use

Meebo reserves the right to terminate your usage of Meebo 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 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 Meebo 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 decide to notify you from time to time regarding changes to these Terms of Use, our Privacy Policy or the Meebo services. You agree that such notices will be effective upon our posting them on 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 services, 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 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 Meebo 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 Meebo 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/.