Terms of Service
This is a contract between you and each of the sponsors of OpenSocial.org: Yahoo!, Inc., MySpace, Inc. and Google Inc., (referred to collectively in this agreement as the “Sponsors,” “we,” or “us”). By using the OpenSocial.org website (the “Site”) you agree to be bound by the following terms and conditions (the "Terms of Service").
Scope of Terms of Services; License
These Terms of Service govern your use of the Site. The Sponsors’ copyrights in the OpenSocial API specification, as published on the Site (the “Specification”), are licensed to you under the Creative Commons Attribution License (version 2.5). Except as specifically provided in the Opensocial Foundation Intent Agreement, no intellectual property rights of any kind are granted or may arise under these Terms of Service or via your use of the Site, whether express, implied or otherwise.
Changes in Site and Terms and Conditions; Change in Specification
We may modify or terminate the Site, for any reason, and without notice. We also reserve the right to modify these Terms of Service from time to time without notice, and you expressly agree to be bound by such modifications when posted on the Site. Notwithstanding the foregoing, the Sponsors agree that no change that we make to these Terms of Service will terminate or modify the license granted under paragraph 1 above with respect to any use or implementation of the Specification occurring prior to the date that the change is published. Please review these Terms of Service from time to time so that you will be apprised of any changes.
The Sponsors reserve the right, at any time, with or without notice to you, to make changes to the Specification, including, without limitation, to make changes that result in your existing OpenSocial implementation becoming non-compliant with the revised Specification. The Sponsors shall have no liability to you for any such changes. Each of the Sponsors reserves the right to implement, or not implement, the Specification in whole or in part, on any or all of its products or services. Without limiting the generality of the foregoing, each of the Sponsors reserves the right at any time to discontinue use of the Specification on any or all of its products or services.
Disclaimer of Warranties
The Sponsors disclaim any and all responsibility or liability for the accuracy, content, completeness, reliability, operability, or availability of information or material displayed on the Site. The Sponsors also disclaim any responsibility for any harm resulting from use of the Specification or downloading or accessing any information or material on the Internet through the Site.
THE SITE, THE SPECIFICATION, AND ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN THE SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE SPONSORS AND THEIR LICENSORS EXPRESSLY DISCLAIM 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. THE SPONSORS AND THEIR LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. THE SPONSORS AND THEIR LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE 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 OF SUCH MATERIAL OR DATA.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE SPONSORS OR THEIR LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SITE OR THE SPECIFICATION ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. 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 THE SPONSORS OR THEIR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to their conflict of laws provisions or those of your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between you and Sponsors with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by all of the Sponsors.