Terms of Service

Thank you for using SocialSticky, Inc. ("SocialSticky", "we" or "us")! SocialSticky provides a software platform (the "SocialSticky Platform") that enables you to create, join or browse Social Networks (as defined below) built on the SocialSticky Platform. We also provide a set of services that will enhance your experience as a member of Social Networks on the SocialSticky Platform.

These Terms of Service contain general terms that apply to you as a user of the SocialSticky Platform, along with additional terms that may apply to you as a Network Creator (as defined below) if you decide to create your own Social Network. When using the SocialSticky Platform, you will also be subject to the SocialSticky Privacy Policy and additional posted guidelines, policies or rules applicable to specific services and features on the SocialSticky Platform, which may be posted by us from time to time (collectively, the "Guidelines"). All of these Guidelines are part of this Agreement and are hereby incorporated by reference. Additionally, if you are developing networks, products or services using SocialSticky's application programming interfaces ("APIs"), or have otherwise signed up for a developer account (thereby becoming a "Third Party Application Developer"), you will also be subject to the SocialSticky Application Developer Terms. If you are adding third party widgets and applications ("Third Party Applications") or adding custom code not provided by or endorsed by SocialSticky ("Non-SocialSticky Code") to your Social Networks or adding applications that may be developed or contributed by SocialSticky ("SocialSticky Applications") to either your Social Network or a third party web site, you will also be subject to the SocialSticky Applications Terms. The SocialSticky Application Developer Terms and SocialSticky Applications Terms are hereby incorporated by reference. We strongly recommend that, as you read these Terms of Service, you also access and read the linked information.

These Terms of Service, including any Guidelines and future modifications (collectively the "Terms of Service" or "Agreement") govern your use of the SocialSticky Platform and is a legal contract between you and SocialSticky.
By registering with us or using or browsing the SocialSticky Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you can stop using the SocialSticky Platform at any time.
The SocialSticky Platform is not directed to children younger than 13 and is offered only to users 13 years of age or older. If you are under 13 years old, please do not use the SocialSticky Platform. Any person who provides their personal information through the SocialSticky Platform represents to us that they are 13 years of age or older.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using or creating a Social Network on the SocialSticky Platform as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.  Note: We are a Third-Party Developer for Ning, Inc.

Payments & Delivery
Refund Policy:  You have 24-hour period to cancel your order with us.  After this period there will be no refunds.  You can cancel with us at any time.  Hosting is month to month.  There are no contracts.
Delivery: Once the Initial payment is received, product will be delivered to the client within 14 days.
Costs: $1,200.00 one-time and $95.00 per month after that for each Social Network SocialSticky develops.
Customer Service: 1 (949) 614-0606

1. Definitions

"Content" means (i) any work of authorship in a Social Network, including, comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content added to or submitted with any of the foregoing; or (ii) other materials posted on or transmitted through any Social Network or the SocialSticky Platform. "Your Content" is any Content that you submit to a Social Network or the SocialSticky Platform, either as a SocialSticky Member, Network Member or Network Creator (all as defined below). If you are a Network Creator, Your Content includes the name, logo, trademark, brand features and other Content that you (and not the Network Members of Your Network(s) make available). Content does not include Network Code or Platform Code.

"Embeddable Widget" means any embeddable application provided and hosted by SocialSticky that allows for the viewing or playing of audio, photos, video, text and other material on third party websites or services, including the SocialSticky Network Badge, SocialSticky Member Badge, Photo Slideshow and SocialSticky Videos.

"Members" means both Network Members and SocialSticky Members.

"Networks" or "Social Networks" consist of Network Code and other Content and are web applications runSocialSticky on top of the SocialSticky Platform. Social Networks are created by Network Creators and are provided for Network Members of that Social Network to interact and connect with other Network Members. Social Network features may include Network Member profiles, friends, invitations, discussion forums, photo sharing, video sharing, music and podcast sharing, events, latest activity streams, RSS feeds, pages, ratings, reviews, and recommendations, among others. If you are a Network Creator, "Your Network" is a Social Network created and operated by you on the SocialSticky Platform.

"Network Code" means the software code (i.e., HTML, Javascript, or PHP code) used to provide the functionality for a Social Network that is interpreted by the Platform Code (as defined below). Network Code consists of SocialSticky proprietary code, Third Party Software (as defined below), and may also consist of Your Code (as defined below), as applicable, but expressly excludes Platform Code.

"Network Creator" is a SocialSticky Member who creates and operates one or more Social Networks on the SocialSticky Platform. A Network Creator is by definition a Network Member of each of his or her Networks.

"Network Members" are SocialSticky Members who have also registered with a particular Social Network on the SocialSticky Platform using their SocialSticky ID. "Your Network Members" are Network Members who have registered with Your Network.

"Network Member Data" means data provided by or collected from a Network Member by a Network Creator for a particular Social Network, such as profile data, including certain items of registration information (e.g. email addresses), answers to Social Network profile questions, forum posts, and statistical information about Content contributed. Network Member Data does not include the SocialSticky ID or any SocialSticky Member Data.

"SocialSticky ID" is an account you create with SocialSticky which includes a name, email address, date of birth and password. When you register as a Network Member on one or more Social Networks on the SocialSticky Platform, you use the email address and password portion of your SocialSticky ID to authenticate with each such Social Network. Additionally, each Social Network of which you become a Network Member will have access to your date of birth, email address and name as stored in your SocialSticky ID and this information will be pre-populated into both Your SocialSticky Profile (as defined below) and Your My Profile (as defined below) upon sign-up.

"SocialSticky Members" are Users who complete a registration process with SocialSticky and obtain a SocialSticky ID. SocialSticky Members may also (but are not required to) become Network Members.

"SocialSticky Member Data" is data collected from Users by SocialSticky, including the data collected for the SocialSticky ID and any data provided in Your SocialSticky Profile (as defined below). SocialSticky Member Data does not include Network Member Data.

"SocialSticky Member Services" are the services provided by SocialSticky to Network Members. SocialSticky Member Services include, but aren't limited to: Network Member registration, Network Member sign in and authentication, a message center, friends, contact management (including the ability to import contacts from third-party email services), and a set of Network membership management services, including a listing of the Social Networks to which a particular Network Member belongs and management of friends across those Social Networks. SocialSticky Member Services do not include any services that Network Creators provide to their Network Members.

"SocialSticky Network Creator Services" are the services SocialSticky provides to Network Creators. SocialSticky Network Creator Services include, but aren't limited to: a Network Creator's own Social Network application; Network Member registration and authentication services; Network Member account management; Social Network management and security applications; internal and external APIs; Javascript-compatible APIs; a semi-structured content store; and Social Network display, management, and search services. Certain basic SocialSticky Network Creator Services are provided free of charge when you create a Social Network on the SocialSticky Platform.

"SocialSticky Profile" means information that, if you are a SocialSticky Member, you have provided to SocialSticky that is aggregated by SocialSticky into a master profile. Your SocialSticky Profile is separate from any profile that you create on a particular Social Network ("My Profile") and enables you to keep track of friends and messages across all Social Networks. "Your SocialSticky Profile" is a SocialSticky Profile created by you on the SocialSticky Platform.

"SocialSticky Technology" means the past, present and future content of the SocialSticky Platform, including all software in any format (including the Platform Code and Network Code), Embeddable Widgets, hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectible elements of the SocialSticky Platform and all other tangible or intangible materials related to, displayed, performed or distributed on the SocialSticky Platform and the SocialSticky Platform itself, including, the selection, sequence, and "look and feel" and arrangement of items on the SocialSticky Platform, and all SocialSticky Marks (as defined below), domain names, patents, and other intellectual property. SocialSticky Technology does not include Your Content or Your Code.

"Platform Code" means the proprietary portion of the SocialSticky Platform that is used to interpret the Network Code and other services available on the SocialSticky Platform.

"Premium Services" are services provided by SocialSticky to Network Creators for a fee.

"Third Party Software" means software that is licensed to you by third parties, including software that is subject to so-called "open source" licenses, which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format, and including the GNU General Public License.

"Users" are all end users of the SocialSticky Platform, and include you, any unregistered users, all SocialSticky Members, all Network Members, all Network Creators and all Third Party Application Developers.

"Your Code" means any script, code, or other computer software uploaded by you to the SocialSticky Platform.
2. Benefits of Creating Your Own Social Network
The SocialSticky Platform is designed to give Network Creators and Network Members the freedom to create and control their own Social Networks. Creating Social Networks on the SocialSticky Platform is free. A Social Network initially comes with 10GB of storage and 100GB of bandwidth; although such storage and bandwidth limits may be changed from time to time. Subject to this Agreement, as a Network Creator, you control your Social Network and own all of Your Code and Your Content. SocialSticky does not claim any ownership rights in Your Code or any of Your Content. There are two types of data provided by or collected from Network Members – Network Member Data and SocialSticky Member Data. Network Creators and their designated administrators have access to both the Network Member Data uploaded or collected on their Social Network(s) and the SocialSticky Member Data.
3. Premium Services and Payment

Premium Services
There are two primary ways that we support the SocialSticky Platform: through advertising and Premium Services. As a Network Creator, you can purchase one or more Premium Services from us. The categories and prices of our Premium Services are described here and are subject to change from time to time ("Premium Services Policies"). SocialSticky may choose to temporarily change the fees for the Premium Services for promotional or new services, and such changes are immediately effective when SocialSticky posts the temporary promotional event or new service on the SocialSticky Platform. Any changes to fees for Premium Services that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on the SocialSticky Platform. The changes shall only apply prospectively to the Premium Services you've purchased. Unless otherwise stated, all fees are quoted in U.S. Dollars.

Payment Generally
You are responsible for paying all fees and applicable taxes associated with the Premium Services in a timely manner with a valid payment method. You authorize SocialSticky to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with SocialSticky. Your Payment Method will be charged the current fee for the Premium Service you choose on the date that you click on the "Purchase" button in the ordering process. Today, we only offer recurring payments. You agree that SocialSticky may automatically charge the fee to your Payment Method at the beginSocialSticky of each recurring period. For example, if you choose a Premium Service with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the "Purchase" button. Additionally, we may offer a pre-pay payment option for payment of Premium Services ("Pre-Payment Plan"). If you opt for Pre-Payment plan, your Payment Method will be charged the then-current fee for that Premium Service at the commencement of each renewal period.

You acknowledge and agree that any credit card and related billing and payment information that you provide to SocialSticky may be shared by SocialSticky with companies who work on SocialSticky's behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to SocialSticky and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay SocialSticky all charges incurred under your account for any Premium Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Premium Services policies. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) SocialSticky may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) SocialSticky reserves the right to either suspend or terminate your Premium Services or your account with SocialSticky, including deletion of your Social Network from the SocialSticky Platform.

Except as may be set forth in applicable Premium Service Policies or Section 27 (Termination), any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to SocialSticky within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of SocialSticky.

Taxes
You are responsible for paying any governmental taxes imposed on your use of the SocialSticky Platform, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to SocialSticky the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that SocialSticky is obligated to collect such taxes, the applicable tax will be added to your billing account.
4. Your Code and Licenses to Your Code

You own Your Code. SocialSticky does not claim any ownership rights in Your Code. If you upload any of Your Code to the SocialSticky Platform, subject to the licenses granted by you herein, you continue to have the right to use and license Your Code in any way you choose (and you are responsible for protecting those rights as appropriate). You may only upload Your Code to the SocialSticky Platform, for use on Your Network, provided that Your Code complies with the terms of this Agreement. At any point, you can take Your Code from Your Network and cancel your account and SocialSticky shall not retain any license rights, except as provided below.

You hereby grant SocialSticky a non-exclusive, worldwide, perpetual, transferable, irrevocable, sublicenseable, royalty-free right and license to access, use, reproduce, store, modify, distribute, publicly display, publicly perform and create derivative works of Your Code (a) for the purpose of operating and making Your Network available on the SocialSticky Platform and in all current and future media in which the SocialSticky Platform may now or hereafter be distributed or transmitted; or (b) for our internal business purposes. Additionally, you hereby grant SocialSticky a non-exclusive, world-wide, transferable, irrevocable, sublicenseable royalty-free right and license to continue using, reproducing, archiving, caching, creating derivative works, publicly displaying and performing in perpetuity, any of Your Code that is incorporated into the SocialSticky Platform, provided that SocialSticky shall not use or distribute Your Code on a stand alone basis. The foregoing license does not limit SocialSticky's rights under any third party or open source license in which Your Code is licensed.

You are responsible for making sure that you have all rights in Your Code you upload or use and all rights that are necessary for you to grant the foregoing licenses to Your Code. You are solely responsible for ensuring that Your Code is compatible with any SocialSticky Technology. SocialSticky disclaims any liability or responsibility for any unauthorized use of Your Code by third parties or Users of Your Network and is not responsible for protecting Your Code.

5. Your Content and Licenses to Your Content
SocialSticky does not claim any ownership rights in Your Content. After posting Your Content, you continue to retain ownership of Your Content, and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to any Social Network needs to comply with the terms of this Agreement. At any point, you can take Your Content from Your Network and cancel your account and SocialSticky does not retain any license rights except as provided below.

You hereby grant SocialSticky, during the course of your usage of the SocialSticky Platform, a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right and license to (i) use, reproduce, create derivative works of, distribute, publicly perform and publicly display Your Content (a) for the sole purpose of operating and making Your Content available on the SocialSticky Platform and in all current and future media in which the SocialSticky Platform may now or hereafter be distributed or transmitted or (b) for our internal business purposes; and (ii) disclose metrics regarding Your Content on an aggregated basis for advertising, marketing and business development purposes. If you wish to grant Users or the general public additional licenses to Your Content, please include the license terms with Your Content. Without limiting the foregoing, SocialSticky reserves the right to retain copies of Content for archival purposes after termination of the Agreement.

You hereby agree that if Your Content is removed from any Social Network due to a violation of these Terms, including in response to any valid DMCA (as defined below) take down notice or because such Content contains illegal images, SocialSticky shall have the right to use, reproduce and exploit Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of SocialSticky, any individual, or the general public.
You are responsible for making sure that you have all rights in Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content. You are solely responsible for Your Content. You understand that whether or not Your Content is published or marked private by you, SocialSticky does not guarantee any confidentiality or privacy with respect to any of Your Content. You agree not to include any advertising in any of Your Content unless you purchase the Premium Service to run your own advertising on Your Network.

Additionally, you understand and agree that Your Content that is displayed on the SocialSticky Platform may continue to appear on the SocialSticky Platform, even after you have terminated your SocialSticky Member or Network Member account or terminated these Terms of Service, as portions of Your Content may have been incorporated into Member profiles, RSS feeds or other features.

In addition to the rights, licenses and privileges referred to above, you agree that SocialSticky, in its sole discretion, may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the SocialSticky Platform, and any products, goods, features, capabilities and/or services associated with the SocialSticky Platform.

As a Network Creator or Network Member you acknowledge that SocialSticky and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on any Network or the SocialSticky Platform in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.

If a Network is removed from the SocialSticky Platform, the Content associated with that Network may also be deleted at the discretion of the Network Creator or SocialSticky. We encourage you to be sure you are comfortable with this possibility before contributing Your Content to a Network. You should be aware that SocialSticky is not required and may not keep back-up copies of Content (including Your Content) on the SocialSticky Platform once the Network or Content is deleted. Additionally, SocialSticky makes no guarantee, either during or after the term of this Agreement, that Your Content will be safely stored on the SocialSticky Platform and you should independently back-up Your Content.

6. Licenses From SocialSticky

License to SocialSticky Platform
During and subject to the terms and conditions of this Agreement, SocialSticky hereby grants you a limited, non-exclusive, non-sublicensable, freely revocable license to access and use the SocialSticky Platform solely to enable your use of the SocialSticky Member Services and SocialSticky Network Creator Services. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no rights in the Platform Code or Network Code.

You agree that, as between you and SocialSticky, all the intellectual property rights in the SocialSticky Platform, which does not include Your Content or Your Code, are owned by SocialSticky or its licensors.

License to Embeddable Widgets
During and subject to the terms and conditions of this Agreement, SocialSticky hereby grants you a limited, non-exclusive, non-sublicensable, freely revocable license to incorporate Embeddable Widgets into other third party websites or your own personal websites. The foregoing license shall terminate immediately upon expiration or termination of this Agreement or removal of Your Social Network from the SocialSticky Platform by SocialSticky or you and you agree to immediately stop using such Embeddable Widget.

License Restrictions
Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:

7. Independent Development; Feedback
You agree that SocialSticky may be independently developing software, content and other products or services that may be similar to Your Code and Your Content and nothing in the Agreement will be construed as restricting or preventing SocialSticky from creating or fully exploiting such software, content and other items, without any obligation to you.

You may from time to time elect, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to Your Network or the SocialSticky Platform (including the Network Code and Platform Code), including, on the SocialSticky blog, Network Creators Forum or on the SocialSticky Open Social Directory ("Feedback"). If you elect to provide us any such Feedback, you hereby assign all ownership in and to such Feedback to us, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. To the extent the foregoing is deemed ineffective, you also hereby grant SocialSticky a nonexclusive, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up license to use and otherwise exploit Feedback.

8. SocialSticky Trademarks and Legal Notices
SocialSticky trademarks, logos, images, service marks, trade names and other distinctive branding features used on the SocialSticky Platform "SocialSticky Marks" are the trademarks of SocialSticky and may not be used without permission. SocialSticky is not granting you a license under any intellectual property right to the SocialSticky Marks. Other trademarks, logos, and trade names that may appear on the SocialSticky Platform are the property of their respective owners.

If you are a Network Creator, SocialSticky reserves the right to include within Your Network applicable SocialSticky copyright and trademark notices for the SocialSticky Platform and links to the SocialSticky Terms of Service, Privacy Policy and other Guidelines. All notices and links will be displayed consistently in such form and placement as determined by SocialSticky.
9. SocialSticky Ownership Rights

You agree that, as between you and SocialSticky, SocialSticky owns all right, title and interest, including, all intellectual property rights, in and to the SocialSticky Technology. Additionally, there are two types of data provided by or collected from Network Members – Network Member Data and SocialSticky Member Data. If you are a Network Creator or an administrator designated by a Network Creator ("Administrator"), you agree that, as between SocialSticky and you, SocialSticky owns all right, title and interest, including, all intellectual property rights, in and to the SocialSticky Member Data. You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in this Agreement. Any rights not expressly granted herein, are reserved to SocialSticky. You agree to abide by all copyright notices, information, or restrictions contained in any part of the SocialSticky Platform. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the SocialSticky Platform, including notices on any SocialSticky Technology you download, transmit, display, print or reproduce from or using the SocialSticky Platform.
10. Support and Interaction for Network Creators

If you are a Network Creator, SocialSticky provides documentation to assist you in creating and enhancing Your Network(s). You are responsible for implementing and maintaiSocialSticky all support for Your Network(s), including answering questions from Your Network Members. This includes, if you've customized the Network Code yourself (only as authorized by SocialSticky), fixing bugs that Network Members might find and tell you about.
11. Advertising and Promotion for Network Creators

On free Social Networks, we have the exclusive right to sell, run and/or serve third-party advertising on your Social Network. If you are a Network Creator, you agree not to include any advertising for anything other than Your Network, including ads served via an ad-server service like Google AdSense, in any Network, any of Your Code, or Content you provide on SocialSticky. If you pay the Premium Service fees to run your own ads, however, you may include third-party advertisements or sponsorships on Your Network. If you run your own ads, SocialSticky will have the option, which we may exercise on notice to you, to offer and display, in partnership with you, all or some of such advertisements on Your Network. SocialSticky may establish general policies and guidelines surrounding the runSocialSticky of your own ads ("Advertising Policies"). Any such Advertising Policies are part of this Agreement and are subject to change from time to time.

YOU AGREE THAT SOCIALSTICKY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON YOUR NETWORK.

If you are a Network Creator, SocialSticky reserves the right to include promotional links on Your Network(s) at no cost to SocialSticky, unless you pay the applicable Premium Service fees to remove promotional links. Removal of promotional links does not include removal of required SocialSticky legal notices and links to SocialSticky Terms of Service, Privacy Policy and Guidelines or any statement indicating that SocialSticky uses SocialSticky ID for authentication upon sign in by Your Network Members.

12. Third Party Content and Hyperlinks to Third Party Sites
Content from other Members or advertisers, including, information about third party products and services and any Third Party Applications, is made available to you through Networks ("Third Party Content") on the SocialSticky Platform. The inclusion of Third Party Content on the SocialSticky Platform does not imply our affiliation or endorsement of such Third Party Content. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, it is the sole responsibility of the person from which such Third Party Content originated, and SocialSticky has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, SocialSticky or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content (including on any Social Network) in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determiSocialSticky whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using the SocialSticky Platform you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the SocialSticky Platform at your own risk.

Additionally, SocialSticky or third parties may provide hyperlinks on Networks, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). These Third Party Sites are in no way integrated into the SocialSticky Platform and the inclusion of any link on a Network does not imply SocialSticky's affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. SocialSticky expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the SocialSticky Platform. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
13. Representations and Warranties.

You hereby represent and warrant to SocialSticky that: (a) you will comply with all applicable local, state, national and international laws (including the CAN-SPAM Act of 2003), rules, and regulations in connection with your use of the SocialSticky Platform including your promotional or other activities off the SocialSticky Platform that relate to Your Network; (b) you have the right to grant to SocialSticky the rights granted herein and you own or have all necessary rights, title and interest in and to Your Code and Your Content; (c) Your Code and Your Content does not and will not (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Code, Your Content or Your Network contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage or interfere with the SocialSticky Platform, or intercept or expropriate any system data or personal information from the SocialSticky Platform.
14. Acceptable Use and Conduct

You are solely responsible for your conduct, Your Networks, Your Code, and Your Content on the SocialSticky Platform. We want to keep the Social Networks on SocialSticky safe and fun for everyone and the use of the SocialSticky Platform for unlawful or harmful activities is not allowed. In defiSocialSticky "safe and fun," you specifically agree that:

You will not post, email or make available any Content to Users or use the SocialSticky Platform:

Additionally, you agree not to:

You agree not to authorize or encourage any third party to use the SocialSticky Platform or any of your Networks (and Your Networks will not be designed) to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify SocialSticky in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.
15. SocialSticky Platform Policies

SocialSticky may establish general polices and limits concerSocialSticky use of the SocialSticky Platform ("SocialSticky Platform Policies"), including (and without limitation) the maximum number of days that Social Networks and uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk space allotted to you or Your Network(s), the maximum number of times and duration for which you may access the SocialSticky Platform or Networks in a given period of time, the maximum bandwidth used by Your Network(s) or Content, and the maximum CPU power used by Your Networks or Content. The current SocialSticky Platform Policies are part of this Agreement.
16. SocialSticky's Relationship with Users

You acknowledge that SocialSticky may terminate your account (which is separate from a Network Creator's right to terminate your account), and remove your SocialSticky ID, Content and Network Member Data, as well as disable your access to any and all Social Networks and the SocialSticky Platform, in accordance with the terms of this Agreement. If you are a Network Member, you acknowledge that nothing in any agreement (or related policies) you may be subject to with any Network Creator or other party will alter, impair, supersede, amend or otherwise affect in any way any terms of this Agreement, any Guidelines or SocialSticky's Privacy Policy.

17. Copyright Infringement/Digital Millennium Copyright Act Compliance
It is SocialSticky's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). For more information, please go to SocialSticky's DMCA Notification Guidelines. SocialSticky may remove any allegedly infringing Network Code or Content without any liability to you.

SocialSticky will promptly terminate without notice any Member's (including, for clarity, Network Member's or Network Creator's) access to the SocialSticky Platform, including access to any Social Network, in appropriate circumstances where the Member is a "repeat infringer" of copyrights. Generally, SocialSticky will consider a Member a repeat infringer if it has received more than two third-party notices of alleged infringement concerSocialSticky Content or Network Code posted by that Member anywhere on the SocialSticky Platform. SocialSticky, however, reserves the right to identify and terminate Members under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that Member. Additionally, if a Network Creator continues to allow its Network Member's to post Content that is subject to notices of alleged copyright infringement, the Network may (at SocialSticky's sole discretion) be disabled.

Additionally, if you are a Network Creator, you agree to: promptly (and in any event in no more than 24 hours) address (including removing or disabling access to the allegedly infringing content for valid DMCA take down notices) any copyright owner's written notice (including any notices forwarded to you by SocialSticky) that specified Content or Network Code posted on Your Network infringes that third-party's rights (including copyrights), provided that the notice substantially complies with the requirements in the DMCA. If you receive a counter-notice from the applicable Member that substantially complies with the requirements of the DMCA instructing you to replace the allegedly infringing Content or Network Code, you agree to replace or cease disabling access to the Content or Network Code not less than ten (10) and no more than fourteen (14) days after receiving the counter notice, provided that the complaiSocialSticky party has not notified you that it has filed an action against the Member regarding the alleged infringement. You also agree to forward a copy of the counter notice to SocialSticky. SocialSticky strongly recommends that you consult with a legal professional to confirm your obligations under the DMCA. SocialSticky is not providing legal advice to you and nothing in this Agreement is legal advice nor guarantees your compliance with applicable law or regulation. You are solely responsible and liable for complying with all applicable laws, including copyright and privacy laws in connection with Your Network.
18. Network Member Data

Through our SocialSticky Member Services, SocialSticky collects SocialSticky Member Data from Your Network Members and general information about a User's use of Your Network(s). If you are a Network Creator or Administrator, you agree that your access to this SocialSticky Member Data (including the email addresses provided by Network Members during the SocialSticky ID registration process ) as part of the management controls of Your Network(s) is subject to the SocialSticky Privacy Policy. In addition, subject to this Agreement, you may collect Network Member Data from Your Social Network Members; if you do so, you hereby agree that such Network Member Data shall not be used in a manner inconsistent with, or that causes SocialSticky to violate SocialSticky's Privacy Policy.

Member privacy is important to us. Therefore, if you are a Network Creator or an Administrator, you hereby agree that your use and disclosure of Network Member Data and any SocialSticky Member Data shall: (a) comply with all Guidelines; and (b) be reasonably protective of each Network Member's rights and in no event shall you observe standards of privacy and confidentiality in connection with the use and disclosure of SocialSticky Member Data or Network Member Data that are less stringent than the standards set forth in the SocialSticky Privacy Policy.

You must clearly communicate on Your Network that Your Network uses SocialSticky ID authentication (including, on each page on Your Network on which information is collected for purposes of SocialSticky ID authentication) and that each of Your Network Members will be sharing the data they provide to you with SocialSticky. This is for clarity and to ensure Your Network Members are aware of this relationship.

Subject to this Agreement and each Network Member's rights, all Network Member Data shall be the property of the applicable Network Creators. That being said, SocialSticky needs to run Your Network on the SocialSticky Platform. To this end, as a Network Creator, you hereby grant SocialSticky a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicenseable, fully paid-up, royalty-free right and license to (i) use, reproduce, store, create derivative works of, distribute, publicly perform and display the Network Member Data on or through the SocialSticky Platform and in all current and future media in which the SocialSticky Platform may be distributed; (ii) use and disclose the Network Member Data and related metrics in an aggregate or other non-personally identifiable manner (including, for use in targeting advertising in a non-personally identifiable manner through and in connection with the SocialSticky Platform; and (iii) use Network Member Data for other purposes permitted by the SocialSticky Privacy Policy.

You acknowledge that SocialSticky may receive requests from Users or persons authorized to act on behalf of such Users to modify or delete personally identifiable information relating to such Users on Your Network. Accordingly, you agree that, within 24 hours of any email request by SocialSticky, you will: (a) delete all Network Member Data and other personally identifiable information in your possession or control relating to a particular User as specified by SocialSticky; and (b) confirm such deletion in email notice to SocialSticky.

SocialSticky is not required to keep back-up copies of Network Member Data on the SocialSticky Platform once the Network or Network Member Data is deleted. SocialSticky makes no guarantee that Network Member Data will be safely stored on the SocialSticky Platform. To be safe, you should independently back-up Network Member Data.

19. Your Social Network
We want to give you as a Network Creator as much freedom to create and control the Social Networks you build on the SocialSticky Platform as possible. You may have your own agreement(s) or policies between you and each of Your Network Members, provided that each such agreement or policies do not supersede, amend or otherwise affect in any way any terms of this Agreement, any Guidelines or our Privacy Policy and provided that you allow SocialSticky to display the SocialSticky Terms of Service, Privacy Policy and any Guidelines on your Social Network.
To enable a great experience for all Users on the SocialSticky Platform, if you are a Network Creator, you agree to ensure each Social Network you create or manage does not degrade the performance of the SocialSticky Platform. If your Social Network(s) exceed the quotas and limitations set by SocialSticky (e.g., storage or bandwidth) as set forth in the SocialSticky Platform Policies or otherwise degrades performance of the SocialSticky Platform or other services in any way, we may suspend your Social Network(s) at our sole discretion and without notice.
You agree not to harvest any email addresses from Networks or the SocialSticky Platform for the purpose of sending email in violation of applicable law or otherwise violate the "Acceptable Use and Conduct" provisions of this Agreement.

You also agree not to knowingly collect any information from, or develop any Networks that are targeted at children under the age of 13.
You acknowledge that SocialSticky may terminate the account of any Member (including Your Social Network Members) in accordance with these Terms of Service.

Your Network shall not be designed or implemented in a way that, as determined by SocialSticky in its sole discretion, might mislead a User into believing that: (i) he or she is interacting directly with SocialSticky when interacting with Your Network, or (ii) any of Your Network was created by or are endorsed by SocialSticky. Because we want you to have as much freedom over your Network as possible, SocialSticky takes no responsibility for any Content located in Your Network and SocialSticky has no obligation to monitor such Content or Your Network.

You acknowledge that SocialSticky also reserves the right to remove, preserve, and disclose any information or Content on any Social Network (including SocialSticky ID and Network Member Data) or account it deems necessary or appropriate to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, (e) protect the rights, property, or safety of SocialSticky, its Users, and the general public, or (f) investigate or defend ourselves against third-party claims or allegations.

20. Your Account
You need to register and create a SocialSticky ID in order to become a SocialSticky Member, Network Member or Network Creator on the SocialSticky Platform. You are responsible for keeping your SocialSticky ID password secure. SocialSticky IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your SocialSticky ID. SocialSticky reserves the right to log off or deactivate Member accounts that are inactive for an extended period of time.

When you create Your Network, SocialSticky gives you the flexibility to choose your own subdomain for Your Network (e.g.," developer" in the example: http://developer.SocialSticky.com) ("Network Subdomain"). You will be solely responsible and liable for any activity that occurs under Your Network's Subdomain. SocialSticky maintains ownership of your Network Subdomain and grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable, license solely to use the Network Subdomain on the SocialSticky Platform.

You may not use anyone else's account, SocialSticky ID or Network Subdomain at any time, without the permission of the account holder. You should never give out your password to another individual or entity. SocialSticky will not be liable for any loss that you may incur as a result of someone else using your SocialSticky ID, Network Subdomain, or password, either with or without your knowledge. However, you may be held liable for losses incurred by SocialSticky or another party due to someone else using your SocialSticky ID, Network Subdomain, or password. In other words, please be careful with your identity and passwords.

21. Disclaimer of Warranties
YOUR USE OF THE SOCIALSTICKY PLATFORM, AND ALL NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, NON-SOCIALSTICKY CODE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SOCIALSTICKY PLATFORM AND ALL NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, NON-SOCIALSTICKY CODE AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOCIALSTICKY AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. SOCIALSTICKY AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE SOCIALSTICKY PLATFORM, OR ANY NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, NON-SOCIALSTICKY CODE OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOCIALSTICKY PLATFORM OR THE SERVER THAT MAKES THE SOCIALSTICKY PLATFORM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOCIALSTICKY MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE SOCIALSTICKY PLATFORM OR YOUR NETWORK (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR NETWORK OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY NON-SOCIALSTICKY CODE WITH ANY SOCIALSTICKY TECHNOLOGY.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOCIALSTICKY PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOCIALSTICKY OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE SOCIALSTICKY PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
22. Indemnity

You agree to indemnify, defend, and hold harmless SocialSticky, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:

SocialSticky reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of SocialSticky. SocialSticky will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
23. Your Interactions with Other Users

Your interactions with other Users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User. Like with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any Network Member or Network Creator), SocialSticky is under no obligation to become involved.

You release SocialSticky, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

24. Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL SOCIALSTICKY OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SOCIALSTICKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE SOCIALSTICKY PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO SOCIALSTICKY BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN SOCIALSTICKY (INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SOCIALSTICKY PLATFORM OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

25. Changes to SocialSticky Platform
SocialSticky reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the SocialSticky Platform or any part thereof with or without notice. SocialSticky will not be liable to you or to any third party for any modification, suspension or discontinuance of the SocialSticky Platform.

26. Amendments
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.SocialSticky.com or elsewhere on the SocialSticky Platform. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the SocialSticky Platform after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User (including SocialSticky Member, Network Member or Network Creator) on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to www.SocialSticky.com or elsewhere on the SocialSticky Platform. The revised version will apply to you immediately if you are a User who registers or first uses the SocialSticky Platform on or after the posting of the revised version.

27. Term and Termination
Term
This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your membership within any Network on the SocialSticky Platform at any time and for any or no reason by following the instructions on the "My Settings" page while logged in to a Network. Additionally, you may terminate your SocialSticky ID account and end your use of the SocialSticky Platform at any time and for no reason by following the directions here or contacting us at info@SocialSticky.com or at the address set forth below in the "Contacting SocialSticky" Section.

Termination
SocialSticky has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the SocialSticky Platform or any Network, (ii) remove and discard any Network Code or Content within any Network or anywhere on the SocialSticky Platform or (iii) shut down a Network, with or without notice, and with no liability of any kind to you.
If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.

Effects of Terminating
Upon deactivating your account, this Agreement terminates and you will no longer have a right to access your account, Your Code, Your Content, Your Network Member Data or Your Network(s). SocialSticky will not have any obligation to assist you in migrating your data, Your Content, Your Network Member Data, Your Code or Your Network(s) off of the SocialSticky Platform and SocialSticky does not keep any back-up of any of Your Content or Your Network Member Data. SocialSticky is not responsible for deleting Your Code, Network Code or Content on your behalf. Note that, even if Your Code, Network Code or Content is deleted from SocialSticky's active servers, it may remain in our archives (but we have no obligation to archive or back-up Your Code or such Network Code or Content), and subject to the licenses set forth in this Agreement.

Survival
The following Sections will survive termination of these Terms of Service for any reason: Sections 1, 3, 4-9, 13-24, 27-33.
28. GoverSocialSticky Law; Venue

This Agreement shall be governed by the laws of the State of California without regard to conflict of law principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder.

You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.

29. Relationship of the Parties
The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that SocialSticky has no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

30. United States Export Controls
You agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, you agree that you shall not -- directly or indirectly -- sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from SocialSticky under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaiSocialSticky prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, SocialSticky from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.
31. No Third Party Beneficiaries

The parties specifically disavow any desire or intention to create a "third party" beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.
32. General

The failure of SocialSticky to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
You may not delegate your duties under this Agreement or assign this Agreement or your SocialSticky accounts or SocialSticky IDs, in whole or in part, provided, however, that you may assign this Agreement in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. SocialSticky may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties' permitted assignees, transferees and successors.
This Agreement, which incorporates the SocialSticky Privacy Policy and the Guidelines, constitutes the entire agreement between you and SocialSticky and governs your use of the SocialSticky Platform, superseding any prior agreements (whether written or oral) between you and SocialSticky regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement.

The terms "including" and "includes" shall be deemed to be followed by the statement "without limitation" and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.
SocialSticky may provide you with notices, including those regarding changes to this Agreement or any of SocialSticky's terms and conditions, by email, regular mail, or postings on the SocialSticky Platform. Notice will be deemed given twenty-four (24) hours after email is sent, unless SocialSticky has previously been notified that the email address is invalid. Notices not pertaiSocialSticky to any amendments to this Agreement or any Guidelines (such as notices relating to technical changes to the SocialSticky Platform) are deemed given two (2) days following the initial posting.
33. Contacting SocialSticky

You may contact SocialSticky in the following ways:
E-Mail:
info@SocialSticky.com
Postal:
SocialSticky, Inc 16411 Scientific Way, Suite 150
Irvine, CA 92618
Customer Service: 1 (949) 614-0606
We welcome your feedback on this document and thank you for using SocialSticky.