Terms of Service
Updated: October 2010
Thank you for registering on RCEURO.COM LLP (RCEURO), a free online service for creating and participating in your own Social Networks and communities.
These terms of service covers your use of the RCEURO service for creating and enjoying Social Networks and Communities (hereafter referred to as Social Networks) on the RCEURO Platform.
By registering with RCEURO, creating, or using Social Networks built on RCEURO (“RCEURO” or “us”), you are agreeing to these terms of service (“Terms of Service” or “Terms”).
Description & Definitions
RCEURO offers a platform for creating your own Social Networks and communities (“Platform”).
Social Networks or Networks are comprised of Code and Content. Networks are created by Users or by us and provided, through the use of the RCEURO Platform, for Users to connect with other Users online. Social Networks include features such as User profiles, friends, comments, recommendations, forums, photo sharing, video sharing, reviews, ratings, people matching, and events, among others.
are people who register on RCEURO to create, find, visit, use, and contribute to one or more Networks, which can include posting Content or responding to Content.
are Users who have created a Network on the RCEURO Platform.
is the source code (e.g., HTML or PHP code) used to provide the functionality behind Social Networks on the RCEURO Platform. Code may be contributed by us, developed by a User, provided by another User, or any combination of the three. Public Code is Code that all Users may copy, modify, and use in other Networks. Private Code is Code for a Network that Users (other than the Network Creator of that Network) are not allowed to view, copy, or modify; the applicable Network Creator may, through a premium service, designate the Network's Code as Private Code.
means any work of authorship (other than the Code and the user interface of a Social Network), including User profiles, comments, recommendations, forums, photos, videos, sounds, images, text, files, listings, postings, messages, or other materials posted on or transmitted through the RCEURO Platform or through any Network. Users upload Content to Social Networks. Social Networks, in turn, control Content. If the Network Creator designates the Network as private, any Content submitted to that Network will be deemed to be Private Content. Private Content is licensed for use only within the Network into which it is posted. Public Content is available in the Network in which it is posted, other Networks, as well as the RCEURO bar, which we'll get to in a moment.
are descriptions (words or phrases) you can assign to Content. You can assign as many Tags to Content as you like. You can also add, edit, and delete Tags that you've assigned.
is the space reserved by us in all Social Networks to provide services to Users of Networks on the RCEURO Platform. When closed, it occupies the top 30 pixels of every page. When the RCEURO bar is open, it offers RCEURO Platform Services for Users, including User registration, a message center, friends and contacts (including the ability to import contacts from third party email services), and a listing of the Networks you are using across the RCEURO Platform.
RCEURO Platform Services
Ownership of Content
RCEURO does not claim any ownership rights in the Content you provide. You, as the Network Creator, own the Content you create and upload (“your Content”). After posting your Content, you continue to retain all ownership rights in such Content and you continue to have the right to use and license your Content in any way you choose.
These Terms of Service includes a number of licenses that are necessary for RCEURO to make your Network and your Content available through the RCEURO Platform. For example, without the right to modify Content, RCEURO would not be able to format Content to meet technical requirements, and without the right to publicly perform or publicly display Content, RCEURO could not make the Content available for other Users to view.
Licenses to Content
License from You
Your Content remains yours. We claim no ownership interest in the Content you provide on Networks run by RCEURO on the RCEURO Platform. However, we also want to encourage sharing of Content between Users and Networks across the RCEURO Platform. To this end, by uploading Content to a Network in which the Content is designated as Public Content, you grant to RCEURO and all other Users a nonexclusive license to reproduce, create derivative works of, distribute, publicly perform, and publicly display such Content on the condition that the Content is attributed in a manner specified by its author, if at all (a “Public Content License”).
If you upload Content to a Network in which the Content is designated as Private Content, you grant to RCEURO and all other Users of that Network a nonexclusive license to reproduce, distribute, publicly perform, and publicly display such Content on that Network (including any RSS feeds and other distribution that is part of such Network) (a “Private Content License”).
Unless you expressly state alternative applicable license terms in connection with your Content submission, the Public Content License will apply by default to Public Content and the Private Content License will apply by default to Private Content.
We should also mention that you are responsible for making sure that you have all rights in the Content you post that are necessary for you to grant everyone either the Public Content License or the Private Content License.
Lastly, if a Network is deleted, the Content associated with that Network may also be deleted at the discretion of the Network Creator. We would encourage you to be sure you are comfortable with this possibility before contributing Content to a Network.
License from RCEURO
RCEURO grants to you a Creative Commons Attribution License to the Content made available by RCEURO for which RCEURO owns the copyrights. In the event of a conflict between the Creative Commons Attribution License and these Terms, these Terms will control. RCEURO does not grant you any rights to another User's Code or Content.
License to use the RCEURO Platform
During the term of these Terms, RCEURO grants you a limited, revocable license to use the software underlying and enabling the RCE Platform as required for your use of the Social Networks built on top of it, subject to the terms and conditions of these Terms.
You agree to comply with the license and restrictions applicable to each item of Content you post, copy, access, or use.
You agree that all the intellectual property in the RCEURO Platform, other than the Content you provide, is owned by RCEURO or the applicable User(s). Except as expressly permitted under these Terms, you agree not to:
a. Modify, distribute, or create derivative works based on the RCEURO Platform.
b. Run, rent, lease, loan, or sell access to the RCEURO Platform.
c. Decompile, reverse engineer, or copy the RCEURO Platform or any Network for which the source code is not provided to you or Code that is marked as Private Code; and
d. Reproduce or distribute any Private Content or Private Code outside the applicable Network.
RCEURO.COM (RCEURO), the RCEURO Platform and other related graphics, our logo and sub-logos, RCEURO marks, and trade names used on the RCEURO Platform are the trademarks of RCEURO and may not be used without permission. Other trademarks, RCEURO Platform marks, and trade names that may appear on RCEURO are the property of their respective owners.
Accounts, Passwords, and Security
You must be a registered User to create Networks on the RCEURO Platform. Networks and their Network Creators, in turn, determine whether Users need to be registered with RCEURO to contribute Content in that Network. That is up to the discretion of the Network Creator. As a User, you are responsible for keeping your password secure. Names of Social Networks and RCEURO IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your RCEURO ID.
Content and Interaction
You agree to comply with the license and restrictions applicable to each item of Code or Content you post, copy, access, or use.
Content from other Users or advertisers is made available to you through Social Networks and the RCEURO Platform. Because RCEURO does not control such Content, you agree that RCEURO is not responsible for any such Content, including advertising and information about third party products or services.
Your interactions with other Users on the RCEURO Platform, 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 User. Like with any web-based interaction, we suggest that you use caution and good judgment.
You release RCEURO, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to: (i) any disputes with other Users, and/or (ii) the RCEURO Platform.
RCEURO may offer Premium Services on the RCEURO Platform. If you choose to sign up for a premium service, you agree to pay the applicable fees and abide by any additional requirements or rules associated with that premium service.
Support and Performance
RCEURO may from time to time provide documentation to assist Network Creators in creating and enhancing their Network(s). As a Network Creator, you are responsible for implementing and maintaining all support for your Network(s). To enable a great experience for all Users on the RCEURO Platform, you, as a Network Creator, must ensure your Network(s) don't unduly degrade the performance of the RCEURO Platform. If your Network(s) exceed the quotas and limitations set by RCEURO (e.g., API calls or bandwidth) or otherwise degrade performance of the RCEURO Platform or other services in any way, we may suspend your Network(s) at our sole discretion.
Acceptable Use and Conduct
You are solely responsible for your conduct, Networks and Content on the RCEURO Platform.
As a User of RCEURO's free service, 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, Code, or Content you provide on RCEURO. If you pay the applicable fees for the applicable premium service you may include third-party advertisements in your Network. However, RCEURO will have the option, which RCEURO may exercise on notice to you, to offer a comparable ad-server service and serve all advertisements on your Network(s).
You also agree not to post or make available any Code or Content for which you don't have sufficient rights to grant the licenses above. Among other things, this means that you may not include Code or Content from third parties that is subject to license terms that are incompatible with the licenses you grant under these Terms, such as GPL.
You also agree not to post, email, or otherwise make available any Network, Code, or Content that:
• Is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or harms minors in any way
• Harasses, degrades, intimidates or is hateful toward an individual or group of individuals
• Impersonates an RCEURO employee or User or falsely states or otherwise misrepresents your affiliation with a person or entity
• Includes personal or identifying information about another person without that person's explicit consent
• Is false, deceptive, misleading, deceitful, or constitutes “bait and switch”
• Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships
• Creates, sends, or enables anything that constitutes or contains “chain letters,” “pyramid schemes,” or any advertisement that you are prohibited by law from sending
• Constitutes or contains any form of advertising or solicitation if (1) posted in Content; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests
• Advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law
• Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
• Disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the RCEURO Platform, or that otherwise negatively affects other Users' ability to use the RCEURO Platform
• Employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the RCEURO Platform
Additionally, you agree not to:
• “Stalk” or otherwise harass anyone
• Collect Personal Data about other Users for commercial or unlawful purposes
• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Social Networks and the RCEURO Platform - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”
• Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on RCEURO's infrastructure
• Attempt to gain unauthorized access to RCEURO's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the RCEURO Platform
• Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the RCEURO Platform or any Network
Privacy and Spam
You agree to comply with all applicable laws with respect to
ii. email communications, including without limitation CAN-SPAM, applicable state laws, and applicable laws in non-U.S. jurisdictions.
RCEURO Platform Policies
RCEURO may establish general polices and limits concerning use of the RCEURO Platform (“RCEURO 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 (as a Network Creator) and to Users on your behalf by RCEURO, the maximum number of times and duration for which you may access the RCEURO Platform or Social Networks in a given period of time, the maximum bandwidth used by your Apps or Content, and the maximum CPU power used by your Social Networks or Content. RCEURO reserves the right to log off or deactivate User accounts that are inactive for an extended period of time.
Copyright Infringement by Users
You, as a Network Creator, agree to promptly address any copyright owner's written notice (including any notices forwarded to you by RCEURO) that specified Content provided by User of a Network that you control infringes that third party's copyrights. If you do not promptly remove the Content specified in the notice, RCEURO may remove the Content without any liability to you or to the User that posted such Content.
RCEURO maintains and enforces a policy of terminating the accounts of Users who are repeat copyright infringers.
These Terms of Service commence upon your acceptance of these Terms and continues until terminated. These Terms will automatically terminate if RCEURO decides, in its sole discretion, to discontinue the RCEURO Platform.
Deactivating Your Account
You may deactivate your RCEURO account at any time, for any reason, by following the instructions on RCEURO.
RCEURO has the right (at its sole discretion) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the RCEURO Platform or any Network, or remove and discard any Code or Content within any Network, without notice and for any reason.
Effects of Deactivating An Account
Upon deactivating your account, these Terms terminates and your access rights to the RCEURO Platform will immediately cease to exist. The Code for the Network(s) associated with your account will be deactivated; however, as previously mentioned, Code may remain on the RCEURO Platform in other Social Networks that made a copy of your Public Code. For Content you wish to delete from the RCEURO Platform, you can delete it by going to each of the Social Networks to which you've contributed. RCEURO is not responsible for deleting Content on your behalf. Note that, even if Code or Content is deleted from RCEURO's active servers, it may remain in archives. RCEURO will have no obligation to refund any fees paid for premium services.
The provisions under the following headings will survive termination of these Terms for any reason: Licenses from You (under heading “Licenses to Code”), License from You (under heading “Licenses to Content”), Content and Interaction, Acceptable Use and Conduct, Privacy and Spam, Disclaimer of Warranties, Indemnity, and Limitation of Liability.
Changes to RCEURO and the RCEURO Platform
RCEURO reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the RCEURO Platform or any part thereof with or without notice. RCEURO will not be liable to you or to any third party for any modification, suspension or discontinuance of the RCEURO Platform.
Disclaimer of Warranties
YOUR USE OF THE RCEURO PLATFORM, AND ALL CODE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE RCEURO PLATFORM AND ALL CODE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RCEURO AND EACH USER EXPRESSLY DISCLAIMS 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, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER RCEURO NOR ANY USER MAKES ANY WARRANTY THAT THE RCEURO PLATFORM, OR AND CODE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
You agree to indemnify, defend, and hold harmless RCEURO, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to
a. any Code or Content you submit, post, transmit, or make available through the RCEURO Platform;
b. your use or misuse of the RCEURO Platform;
c. your connection to the RCEURO Platform;
d. your violation of these Terms; or
e. your violation of any rights (including intellectual property rights) of a third party.
Limitation of Liability
YOU AGREE THAT RCEURO SHALL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF RCEURO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE RCEURO PLATFORM OR ANY CODE OR CONTENT, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) IN THE RCEURO PLATFORM OR ANY CODE OR CONTENT; OR (B) FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS IN EXCESS OF THE GREATER OF (i) £100 AND (ii) THE TOTAL AMOUNTS PAID TO RCEURO BY YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
Updates to Terms of Service
These Terms may be updated or changed by RCEURO from time to time upon RCEURO's posting of the amended Terms on this page. If you do not agree to changes to the Terms, you must notify RCEURO to terminate your account.
In addition to these Terms, you will comply with all policies applicable to RCEURO and the RCEURO Platform, which policies are (i) either posted in the RCEURO Platform or provided to you and (ii) incorporated by reference into these Terms.
The failure of RCEURO to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms 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 these Terms of Service remain in full force and effect. Your RCEURO account is non-transferable. You may not delegate your duties under these Terms or assign these Terms, in whole or in part.
Any unauthorized use of any RCEURO computer system is a violation of these Terms and certain federal and state and internatinal laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
The other Users of the RCEURO Platform are intended third party beneficiaries of your obligations under these Terms.
RCEURO may assign these Terms to any successor or purchaser of RCEURO or all or substantially all of its assets.
These Terms shall be governed by the laws of the United Kingdom, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
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