Terms of use

feetwin.com The World's Largest Platform for Creating Social Websites™ Terms of Service Last Updated: April 27, 2012 feetwin.com, Inc. (“feetwin.com“, “we” or “us“) is an online service provider that provides a set of services and technology applications that enable users to create their own Networks utilizing our technology platform (the “feetwin.com Platform“). feetwin.com is not involved in the management of Networks on the feetwin.com Platform and is not involved in the decisions relating to the focus of Networks or the Content uploaded or published to Networks using the feetwin.com Platform. These are your Networks and, as a Network Creator, you are responsible for managing them in all respects (including the actions, conduct, and Content of Your Members) in compliance with these Terms of Service (“Terms of Service” or “Agreement”). These Terms of Service contain general terms that apply to all users of the feetwin.com Platform whether they create, join or browse Networks. When using the feetwin.com Platform, you will also be subject to the feetwin.com Privacy Policy and additional posted guidelines, policies or rules applicable to specific services and features on the feetwin.com 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. If you are purchasing or using any Virtual Gifts, including submitting Virtual Gifts for possible placement in Gift Stores (“Your Virtual Gift”), you will also be subject to the feetwin.com Virtual Gift Terms. Additionally, if you are developing applications, products or services for use by any Network Creator or their Members on the feetwin.com Platform, using feetwin.com’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 feetwin.com Application Developer Terms. If you are adding third party features, widgets or applications (“Third Party Applications“) or adding custom code not provided by or endorsed by feetwin.com (“Non-feetwin.com Code“) to your Network or your profile, you will also be subject to the terms of such third party. The feetwin.com Application Developer Terms and Virtual Gift Terms (collectively the “Other feetwin.com Terms”) are hereby incorporated by reference into these Terms of Service. These Terms of Service, including, the Other feetwin.com Terms and any Guidelines and future modifications (collectively the “Terms of Service” or “Agreement“) govern your use of the feetwin.com Platform and is a legal contract between you and feetwin.com. The feetwin.com Platform is not directed to people younger than 18 and is offered only to users 18 years of age or older. If you are under 18 years old, please do not use the feetwin.com Platform. Any person who provides their personal information through the feetwin.com Platform represents to us that they are 18 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 Network on the feetwin.com 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. By registering with us or using or browsing the feetwin.com 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 feetwin.com Platform at any time. 1. Definitions “Content” means (i) any work of authorship in a 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; (ii) Your Virtual Gift; or (iii) other materials posted on or transmitted through any Network or the feetwin.com Platform. “Your Content” is any Content that you submit to a Network or the feetwin.com Platform, either as a Member or Network Creator (each as defined below). If you are a Network Creator, Your Content includes the name, logo, trademark, brand features and other Content that you make available. Content does not include Network Code or Platform Code. “Members” are users who have registered with a particular Network on the feetwin.com Platform. “Your Members” are Members who have registered with Your Network. “Networks” consist of Network Code and other Content and are web applications runfeetwin.com on top of the feetwin.com Platform. Networks are created by Network Creators and are provided for their Members of that Network to interact and connect with other Members. Network features may include 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 as well as Third Party Applications. If you are a Network Creator, “Your Network” is a Network created and operated by you on the feetwin.com Platform. “Network Code” means the software code (i.e., HTML, Javascript, or PHP code) used to provide the functionality for a Network that is interpreted by the Platform Code (as defined below). Network Code consists of feetwin.com proprietary code, Third Party Software (as defined below), and may also consist of or interact with Your Code (as defined below), as applicable, but expressly excludes Platform Code. “Network Creator” is a user who creates, manages and operates one or more Networks on the feetwin.com Platform. A Network Creator is by definition a Member of each of his or her Networks. “Network Creator Management Page” is the web page where Network Creators can manage their Networks and Members and view and manage Network Data. “Network Data” means all data collected from a Network or Member and includes registration information, profile data, answers to Network profile questions, all Content and other information contributed by Members, and statistical information and analytics relating to usage and interactions within the Network. “feetwin.com Product Plans” are the feature related services offered by feetwin.com for a fee initially available as Mini, Plus, and Pro. “feetwin.com Support Services” are the special support services offered by feetwin.com to Network Creators for an additional fee. “feetwin.com Technology” means the past, present and future content of the feetwin.com Platform, including all software in any format (including the Platform Code and Network Code), hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, themes, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the feetwin.com Platform and all other tangible or intangible materials related to, displayed, performed or distributed on the feetwin.com Platform and the feetwin.com Platform itself, including, the selection, sequence, and “look and feel” and arrangement of items on the feetwin.com Platform, and all feetwin.com Marks (as defined below), domain names, patents, and other intellectual property. feetwin.com Technology does not include Your Content, Your Themes or Your Code. “feetwin.com Theme Marketplace” means a service offered by feetwin.com that allows you and other Users to upload Network themes and allows Network Creators to use such themes in their Network. “Platform Code” means the proprietary portion of the feetwin.com Platform that is used to interpret the Network Code and other services available on the feetwin.com Platform. “Professional Services” means professional services offered to Network Creators by feetwin.com for an additional fee as further described in Section 21. “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. “Themes” means any Content or combination of script, code, or other computer software that constitute a theme on the feetwin.com Theme Marketplace. “Your Theme” means any Theme that you upload to the feetwin.com Theme Marketplace. “feetwin.com Theme” means a Theme created by feetwin.com. “Third Party Theme” means a Theme not created by feetwin.com. “Users” are all end users of the feetwin.com Platform, and include Network Creators, Members, Third Party Application Developers, and any unregistered users or browsers. “Your Code” means any script, code, or other computer software created by you that interacts with the feetwin.com Platform. 2. Creating Your Own Network The feetwin.com Platform is designed to give Network Creators and their Members the freedom to create and control their own experiences on Networks. Subject to this Agreement, as a Network Creator, you are responsible for controlling and managing your Network in all respects and as between feetwin.com and you, you own all of Your Code, Your Content, and Your Network Data. feetwin.com does not claim any ownership rights in Your Code, Your Content, or Your Network Data. In addition, Members of Your Network are your responsibility and feetwin.com does not assume or accept any responsibility for the actions, conduct or Content of Your Members. 3. feetwin.com Product Plans, Add Ons, Support Services, and Professional Services; Payments; and Revenue Sharing and Sponsorship feetwin.com Product Plans, Add Ons, Support Services and Professional Services As a Network Creator, you must purchase a feetwin.com Product Plan for your Network. You may also purchase upgrades, add-on features (“Add Ons”) and Support Services offered by us from time to time. Additionally, feetwin.com offers certain Professional Services for purchase. The categories and prices of the currently applicable feetwin.com Product Plans and Add Ons are described here and are subject to change from time to time. feetwin.com may choose to temporarily change the fees for promotional or new services, and such changes are immediately effective when feetwin.com posts the temporary promotional event or new service on the feetwin.com Platform. At the end of Your promotional period, your fees will automatically revert to the then-current fees for the applicable feetwin.com Product Plans, Add Ons, Support Services and/or Professional Services. Any changes to fees for the feetwin.com Product Plans, Add Ons, Support Services and/or Professional 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 feetwin.com Platform. The changes shall only apply prospectively to the items you’ve purchased. Unless otherwise stated, all fees are quoted in U.S. Dollars. There are additional terms with respect to Professional Services in Section 22 below. feetwin.com “VIP Plan” For our most demanding users, feetwin.com offers a Product Plan entitled the “VIP Plan.” There are additional terms and conditions applicable to this VIP Plan, all of which are incorporated by reference into this Terms of Service and can be viewed here. Payment/Ongoing Plans/Cancellation You are responsible for paying all fees and applicable taxes associated with the feetwin.com Product Plans, Add Ons, Support Services and/or Professional Services in a timely manner with a valid payment method. You authorize feetwin.com or its third party payment providers to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein “Payment Method“) for all charges to your accounts with feetwin.com. Your Payment Method will be charged the current fee for the feetwin.com Product Plans, Add Ons, Support Services and/or Professional Services you choose on the date that you click on the purchase button in the ordering process (or otherwise elected to make a purchase). To view and manage information relating to your feetwin.com Product Plans, Add Ons, Support Services and/or Professional Services, including billing and invoice history, please visit our website and sign in to your feetwin.com.com profile (see “Billing & Payment” under the “My Account” page). You agree that your feetwin.com Product Plans, Add Ons, Support Services and/or Professional Services will continue in effect unless and until you cancel it or feetwin.com terminates it. Unless so cancelled or terminated, feetwin.com will automatically charge the applicable fee (and any taxes, if applicable) to your Payment Method at the beginfeetwin.com of each recurring billing period. For example, if you choose a feetwin.com Product Plan with a monthly billing plan, you will be billed each successive month on or about the same date of the month that you initially clicked the purchase button (or otherwise elected to make a purchase). Additionally, we may offer a pre-pay payment option for payment of feetwin.com Product Plans, Add Ons, Support Services and/or Professional Services (“Pre-Payment Plan”). If you opt for a Pre-Payment Plan, your Payment Method will be charged the then-current fee for that feetwin.com Product Plan, Add On, Support Service and/or Professional Services (as applicable) at the commencement of each initial period and renewal period. You may cancel your feetwin.com Product Plans, Add Ons, Support Services and/or Professional Services by following the instructions here. You acknowledge and agree that any credit card and related billing and payment information that you provide to feetwin.com may be shared by feetwin.com with companies who work on feetwin.com’s behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to feetwin.com 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 feetwin.com all charges incurred under your account for any feetwin.com Product Plans, Add Ons, Support Services and/or Professional Services in which you or anyone else who uses your account enroll in accordance with this Agreement. If your Payment Method fails or your account is otherwise past due, (a) you agree to pay all amounts due on your account upon demand, (b) feetwin.com may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) feetwin.com reserves the right to either suspend or terminate your feetwin.com Product Plans, Add Ons, Support Services, Professional Services, or your account with feetwin.com, including disabling access to, or deletion of, your Network from the feetwin.com Platform. feetwin.com Product Plans, Add Ons, Support Services and/or Professional Services are subject to the billing and refund policy set forth here. Except as may be set forth in such billing and refund policy or Section 29 (Term and 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 feetwin.com within thirty (30) 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 feetwin.com. Revenue Sharing and Sponsorship From time to time, feetwin.com or third parties may offer you the opportunity to revenue share from applications or services made available to Your Networks and Members via the feetwin.com Platform or the opportunity to qualify for sponsorship programs to defray the cost of fees incurred as a result of your use of the feetwin.com Platform (collectively, “Special Programs”). Your participation in any such Special Program is subject to the terms and conditions of each Special Program and is at your sole discretion and risk. Your continued participation in such Special Programs is at feetwin.com’s sole discretion. feetwin.com shall not be liable for any losses or damages you may suffer as a result of your transactions with third parties on the feetwin.com Platform. You agree that feetwin.com may credit your account to reflect any such Special Programs attributable to you. Taxes You are responsible for paying any governmental taxes imposed on your use of the feetwin.com Platform, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to feetwin.com the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that feetwin.com 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 all of Your Code that you create to interact with the feetwin.com Platform. feetwin.com does not claim any ownership rights in Your Code. If you create any of Your Code to interact with the feetwin.com Platform, subject to the licenses granted by you herein, you continue to retain any ownership rights you have and have the right to use and license Your Code in any way you choose (and you are responsible for protecting those rights as appropriate). At any point, you can take Your Code from Your Network and cancel your account and feetwin.com shall not retain any license rights, except as provided below. You hereby grant feetwin.com a non-exclusive, worldwide, transferable, royalty-free right and license to use, access, store, cache, publicly display and publicly perform Your Code (a) for the purpose of operating and making Your Network available for interaction with the feetwin.com Platform and in all current and future media in which the feetwin.com Platform may now or hereafter be distributed or transmitted; or (b) for our internal business purposes so that we may derive metrics and analytics relating to the feetwin.com Platform and Your Network. You are responsible for making sure that you have all rights in Your Code 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 feetwin.com Technology. feetwin.com 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 and Network Data You own all of Your Content, Your Network Data and other information that you upload to the feetwin.com Platform. feetwin.com does not claim any ownership rights in Your Content or Your Network Data. After posting Your Content, subject to the licenses granted herein, you continue to retain any ownership rights you have to 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 Network needs to comply with the terms of this Agreement. At any point, you can remove Your Content from Your Network and cancel your account and feetwin.com does not retain any license rights. You hereby grant feetwin.com, during the course of your usage of the feetwin.com Platform, a nonexclusive, worldwide, royalty-free, and transferable right and license to (i) use, access, store, cache, publicly perform and publicly display Your Content and Network Data (a) for the purpose of operating and making Your Content and Network Data available on the feetwin.com Platform and in all current and future media in which the feetwin.com Platform may now or hereafter be distributed or transmitted or (b) for our internal business purposes so that we may derive metrics and analytics relating to Your Content and Network Data; and (ii) disclose any such metrics and analytics regarding Your Content and Network Data for 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. This license will terminate at the time you remove Your Content from the feetwin.com Platform. Without limiting the foregoing, you agree that Content you remove may persist for a reasonable amount of time in back-up copies (but these copies will not be available to others). You hereby agree that if Your Content is removed from any Network due to a violation of these Terms of Service, including in response to any valid DMCA (as defined below) take down notice or because such Content contains illegal images, feetwin.com shall have the right to use and reproduce 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 feetwin.com, any User or individual, or the general public. You are solely responsible for Your Content and Network Data. You are responsible for making sure that you have all rights in Your Content and Network Data, including the rights necessary for you to grant the foregoing licenses to Your Content and Network Data. You understand that whether or not Your Content is published or marked private by you, feetwin.com does not guarantee any confidentiality or privacy with respect to any of Your Content or Network Data. Additionally, you understand and agree that Your Content and Network Data that is displayed on the feetwin.com Platform may continue to appear on the feetwin.com Platform, even after you have terminated your account, 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 feetwin.com may use and refer to your Network (including screen shots), trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, press releases, 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 feetwin.com Platform, and any products, goods, features, capabilities and/or services associated with the feetwin.com Platform. As a Network Creator or Member you acknowledge that feetwin.com 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 feetwin.com 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 or Member account is removed from the feetwin.com Platform, the Content associated with that Network may also be deleted at the discretion of the Network Creator or feetwin.com. We encourage you to be sure you are comfortable with this possibility before contributing Your Content to a Network. You should be aware that feetwin.com is not required and may not keep back-up copies of Content on the feetwin.com Platform once the Network or Content is deleted. Additionally, feetwin.com makes no guarantee, either during or after the term of this Agreement, that Your Content will be safely stored on the feetwin.com Platform and you should independently back-up and archive Your Content. 6. feetwin.com Theme Marketplace Your Themes and Licenses to Your Themes You own all of Your Themes that you upload to the feetwin.com Theme Marketplace. feetwin.com does not claim any ownership rights in Your Themes. After uploading Your Themes, you continue to retain any ownership rights you have to Your Themes, and, subject to the licenses granted herein, you continue to have the right to use and license Your Themes in any way you choose. Your Themes need to comply with the terms of this Agreement. By submitting Your Themes to the feetwin.com Theme Marketplace, you are providing feetwin.com and its Users with the perpetual right to use Your Themes. You hereby grant feetwin.com a perpetual, irrevocable, nonexclusive, worldwide, fully paid-up, royalty-free, and transferable right and license to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform and otherwise use Your Themes in connection with the feetwin.com Platform, including without limitation for promoting and redistributing part or all of Your Themes (and derivative works thereof) in our feetwin.com Theme Marketplace (or any current and future media in which the feetwin.com Platform may now or hereafter be distributed or transmitted). You additionally hereby grant each Network Creator who purchases or chooses to license Your Theme from you a perpetual, irrevocable, nonexclusive, worldwide, royalty-free, fully paid-up, nonsublicensable, nontransferable right to use Your Theme solely in conjunction with such Network Creator’s Network. You are solely responsible for Your Themes. This includes making sure that you have all rights in Your Themes, including the rights necessary for you to grant the foregoing licenses to Your Themes. feetwin.com reserves the sole right to include or not include Your Theme in the feetwin.com Theme Marketplace. Additionally, you understand and agree that the display of Your Themes on the feetwin.com Platform may continue to appear on the feetwin.com Platform, even after you have terminated your account, as Your Themes may continue to be available through the feetwin.com Theme Marketplace, or may have already been incorporated into Networks or through other features. Purchasing Themes from the Theme Marketplace From time to time at our discretion, feetwin.com may give Network Creators the option to purchase, at a stated fee, a license to use a Theme from the feetwin.com Theme Marketplace to use solely with one of Your Networks. If a Third Party Theme is offered for purchase, feetwin.com may offer a revenue share to the designer of such Third Party Theme.  The availability of such a revenue share, and the associated terms and conditions, will be made available to designers in the feetwin.com Theme Marketplace.  Regardless of the use of the word “sale” such purchase grants you (from feetwin.com if such Theme is a feetwin.com Theme or from such Theme’s uploader, if such Theme is a Third Party Theme) a nonexclusive, worldwide, royalty-free, fully paid-up, nonsublicensable, nontransferable right to use such Theme solely in conjunction with Your Network. 7. Licenses From feetwin.com License to feetwin.com Platform During and subject to the terms and conditions of this Agreement, feetwin.com hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable license to access and use the feetwin.com Platform solely to enable your use and creation of Networks on the feetwin.com Platform. 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 feetwin.com, all the intellectual property rights in the feetwin.com Technology are owned by feetwin.com or its licensors. 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: • Run, rent, lease, loan, or sell access to the feetwin.com Platform or the feetwin.com Technology. • Decompile or reverse engineer or attempt to access the source code of the software underlying the feetwin.com Platform or feetwin.com Technology. • Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any feetwin.com Technology. • Access the feetwin.com Platform to build a product using similar ideas, features, functions, interface or graphics of the feetwin.com Platform. • Access (or attempt to access) any service on the feetwin.com Platform by any means other than as permitted in these Terms of Service. • Circumvent, disable or otherwise interfere with security related features of the feetwin.com Platform or features that prevent or restrict use or copying of any Content or Third Party Content or enforce limitations on use of the feetwin.com Platform or the Content and Third Party Content therein. • Access the feetwin.com Platform to upload Your Code or Your Content to cause a breach of security to the feetwin.com Platform or any Network or interfere with the proper working of the feetwin.com Platform or prevent others from using the feetwin.com Platform. • Delete the copyright and other proprietary rights notices on the feetwin.com Platform. 8. Independent Development; Feedback You agree that feetwin.com 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 feetwin.com from creating, using or offering for use such software, content and other items, without any obligation to you. You may from time to time choose, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to Your Network or the feetwin.com Platform (including the Network Code and Platform Code), including, without limitation, on the feetwin.com Blog, Creators Network, Developers Network, the feetwin.com Open Social Directory, or in connection with surveys we send to you and as part of your participation in our Network Creators Council (“Feedback“). If you choose 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 feetwin.com a nonexclusive, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up license to use such Feedback. 9. feetwin.com Trademarks and Legal Notices feetwin.com trademarks, logos, images, service marks, trade names and other distinctive branding features used on the feetwin.com Platform (“feetwin.com Marks“) are the trademarks of feetwin.com and may not be used without permission. feetwin.com is not granting you a license under any intellectual property right to the feetwin.com Marks. Other trademarks, logos, and trade names that may appear on the feetwin.com Platform are the property of their respective owners. 10. feetwin.com Ownership Rights You agree that, as between you and feetwin.com, feetwin.com owns all right, title and interest, including, all intellectual property rights, in and to the feetwin.com Technology. Any rights not expressly granted herein, are reserved to feetwin.com. You agree to abide by all copyright notices, information, or restrictions contained in any part of the feetwin.com Platform. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the feetwin.com Platform, including notices on any feetwin.com Technology you download, transmit, display, print or reproduce from or using the feetwin.com Platform. 11. Support and Interaction for Network Creators If you are a Network Creator, feetwin.com provides documentation to assist you in creating and enhancing Your Network(s). You may access helpful information here. You are responsible for implementing and maintaifeetwin.com all support for Your Network(s), including answering questions from Your Members. This includes, if you’ve customized the Network Code yourself (only as authorized by feetwin.com), fixing bugs that Your Members might find and tell you about. 12. Advertising and Promotion for Network Creators At your sole discretion and risk, you may sell, run and/or serve third-party advertising on your Network. If you include advertising on your Network, you agree and consent to feetwin.com providing you with information, offers, programs, features and functionality relating to advertising, including deals with advertising partners and advertising networks. YOU AGREE THAT feetwin.com 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. 18. Third Party Content and Hyperlinks to Third Party Sites Networks may contain features and functionalities that allow access to third party content, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party, including the use of applications or services and the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, you agree that feetwin.com will not be responsible. Additionally, Code, Content or Themes from Users, third parties, or advertisers, including, information about third party products and services and any Third Party Applications, may be made available to you through Networks (“Third Party Content“) on the feetwin.com Platform. The inclusion of Third Party Content on the feetwin.com 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 feetwin.com has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, feetwin.com 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 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 determifeetwin.com whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using the feetwin.com Platform you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the feetwin.com Platform at your own risk. Additionally, feetwin.com 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 feetwin.com Platform and the inclusion of any link on a Network does not imply feetwin.com’s affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. feetwin.com expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the feetwin.com 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. 14. Representations and Warranties. You represent and warrant to feetwin.com 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 feetwin.com Platform including your promotional or other activities on or off the feetwin.com Platform that relate to Your Network; (b) you have the right to grant to feetwin.com the rights granted herein and you own or have all necessary rights, title and interest in and to Your Code, Your Content, Your Themes and Your Art Assets (as defined below); (c) Your Code, Your Content, Your Themes, and Your Art Assets do 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, Your Themes, Your Art Assets 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 feetwin.com Platform, or intercept or expropriate any system data or personal information from the feetwin.com Platform. 15. Acceptable Use and Conduct You are solely responsible for your conduct, Your Networks, Your Code, and Your Content on the feetwin.com Platform. We want to keep the feetwin.com Platform safe and fun for everyone and the use of the feetwin.com Platform for unlawful or harmful activities is not allowed. In defifeetwin.com “safe and fun,” you specifically agree that: You will not post, email or make available any Content to Users or use the feetwin.com Platform: • In a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights; • in a manner that 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; • to engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the feetwin.com Platform in connection with Your Network; • in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaifeetwin.com financial or other personal information in a misleading manner or for fraudulent or misleading purposes; • in a manner that is libelous or defamatory, or in a way that is otherwise threatefeetwin.com, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy; • in a manner that is harmful to minors in any way; • in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by feetwin.com; • to impersonate a feetwin.com employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to a Network or the feetwin.com Platform without authorization; • to interfere or attempt to interfere with the proper working of the feetwin.com Platform or prevent others from using the feetwin.com Platform, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the feetwin.com Platform, or that otherwise negatively affects other persons’ ability to use the feetwin.com Platform; • to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy the feetwin.com Platform (including the Network Code or Platform Code) or the content contained therein; • to facilitate the unlawful distribution of copyrighted content; • in a manner that includes personal or identifying information about another person without that person’s explicit consent; • in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the feetwin.com Platform or to Users; and • in a manner that constitutes or contains any form of advertising or solicitation if emailed to Users who have requested not to be contacted about other services, products or commercial interests. Additionally, you agree not to: • “Stalk” or otherwise harass anyone; • Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations; • Except as specified in feetwin.com API documentation, collect, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of the feetwin.com Platform, or to proxy authentication credentials for any Member of the feetwin.com Platform for any purpose, including automating logins to the feetwin.com Platform (provided that if you do request such authentication information for the purpose of developing through the feetwin.com API, you may not use such information for any purpose other than initial authentication of the Member, and in any event, you may not archive, store or otherwise retain such information); • Use any profanity or the description or name of any illegal activity in the name of Your Network or the Network Subdomain (as defined below) for Your Network; • Use the name “feetwin.com” as any part of the name of Your Network or the Network Subdomain; • Post any Content contaifeetwin.com child pornography to any Network. feetwin.com absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any Network Data, to law enforcement, including the National Center for Missing and Exploited Children; • Post any Content that feetwin.com determines depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content; • Post any Content that feetwin.com determines constitutes pornography, contains nudity, or is adult in nature. feetwin.com’s current definition of these categories is located here and is subject to change. • Use automated means, including spiders, robots, crawlers, data mifeetwin.com tools, or the like to download data from Networks and the feetwin.com 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 irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on feetwin.com’s infrastructure; • Attempt to gain unauthorized access to feetwin.com’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 feetwin.com Platform; • Use the feetwin.com Platform as a generic file hosting service; and • Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the feetwin.com Platform. You agree not to authorize or encourage any third party to use the feetwin.com 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 feetwin.com in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement. 16. feetwin.com Platform Policies feetwin.com may establish general polices and limits concerfeetwin.com use of the feetwin.com Platform (“feetwin.com Platform Policies“), including, the maximum number of days that 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 feetwin.com Platform or Networks in a given period of time, the maximum storage and bandwidth used by Your Network(s) or Content, how long inactive Networks will be retained, and the maximum CPU power used by Your Networks or Content. For example, the currently applicable maximum bandwidth limitations for Networks are 10 GB (Mini), 100GB (Plus), 200GB (Pro) and 10TB (VIP). If feetwin.com determines Your Network is in violation of any feetwin.com Platform Policy, then feetwin.com may take action to correct this violation, with or without notice. 17. feetwin.com’s Relationship with Users You acknowledge that feetwin.com may terminate your account and remove your Content and other Network Data, as well as disable your access to any and all Networks and the feetwin.com Platform at any time for violations of these Terms of Service without notice and without any liability to you. In addition, you acknowledge and consent to feetwin.com contacting you and Your Members in order to maintain compliance with these Terms of Service. 18. Copyright Infringement/Digital Millennium Copyright Act Compliance It is feetwin.com’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 feetwin.com’s DMCA Notification Guidelines. feetwin.com may remove any allegedly infringing Network Code or Content without any liability to you. feetwin.com will promptly terminate without notice any User’s access to the feetwin.com Platform, including access to any Network, in appropriate circumstances where the User is a “repeat infringer” of copyrights. Generally, feetwin.com will consider a User a repeat infringer if it has received more than two third-party notices of alleged infringement concerfeetwin.com Content or Network Code posted by that User on that Network. feetwin.com, however, reserves the right to identify and terminate Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that User. Additionally, if a Network Creator continues to allow its Members to post Content that is subject to notices of alleged copyright infringement, the Network may (at feetwin.com’s sole discretion) be disabled. In the case of such disabling, feetwin.com will have no obligation to provide a refund of any amounts previously paid to feetwin.com. 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 feetwin.com) 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 complaifeetwin.com 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 feetwin.com. feetwin.com strongly recommends that you consult with a legal professional to confirm your obligations under the DMCA. feetwin.com 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. 19. Network Data The feetwin.com Platform collects Network Data from Your Network and Members and general information about a User’s use of Your Network. If you are a Network Creator or Administrator, you agree that your access to this Network Data and information (including registration information provided by Members during the registration process) as part of the management controls of Your Network(s) is subject to the feetwin.com Privacy Policy. In addition, subject to this Agreement, you may collect Network Data from Your Members; if you do so, you agree that such Network Data shall not be used in a manner inconsistent with, or that causes feetwin.com to violate feetwin.com’s Privacy Policy. If you are a Network Creator or an Administrator, you agree that your use and disclosure of Network Data shall: (a) comply with all applicable laws; and (b) be reasonably protective of each Member’s privacy rights. Subject to this Agreement and each Member’s rights, all Network Data shall be the property of the applicable Network Creator. That being said, feetwin.com needs to run Your Network on the feetwin.com Platform. To this end, as a Network Creator, you hereby grant feetwin.com a nonexclusive, worldwide, transferable, fully paid-up, royalty-free right and license to (i) use, store, access, cache, publicly perform and display the Network Data on or through the feetwin.com Platform and in all current and future media in which the feetwin.com Platform may be distributed; (ii) use and disclose the Network Data and related analytics and 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 feetwin.com Platform); and (iii) use Network Data for other purposes permitted by the feetwin.com Privacy Policy. You acknowledge that feetwin.com 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 feetwin.com, you will: (a) delete all Network Data and personally identifiable information in your possession or control relating to a particular User as specified by feetwin.com; and (b) confirm such deletion in email notice to feetwin.com. feetwin.com is not required to keep back-up copies of Network Data on the feetwin.com Platform once the Network or Network Data is deleted. feetwin.com makes no guarantee that Network Data will be safely stored on the feetwin.com Platform. To be safe, you should independently back-up or archive your Network Data. 20. Your Network As a Network Creator, we want to give you as much freedom as possible to create and control the Networks you build on the feetwin.com Platform. You may have your own agreement(s) or policies between you and each of Your 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. To enable a great experience for all Users on the feetwin.com Platform, if you are a Network Creator, you agree to ensure each Network you create or manage does not degrade the performance of the feetwin.com Platform. If your Network(s) exceed the quotas and limitations set by feetwin.com (e.g., storage or bandwidth) or otherwise degrades performance of the feetwin.com Platform or other services in any way, we may suspend your Network(s) at our sole discretion and without notice. You agree not to harvest any email addresses from Networks or the feetwin.com 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 18. You acknowledge that feetwin.com may terminate the account of any Member (including Your Members) in accordance with these Terms of Service. Your Network shall not be designed or implemented in a way that, as determined by feetwin.com, might mislead a User into believing that: (i) he or she is interacting directly with feetwin.com when interacting with Your Network or (ii) any part of Your Network was created by or are endorsed by feetwin.com. Because we want you to have as much freedom over your Network as possible, feetwin.com takes no responsibility for any Content located in Your Network and feetwin.com has no obligation to monitor such Content or Your Network. You acknowledge that feetwin.com also reserves the right to remove, preserve, and disclose any information or Content on any Network (including Network 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 feetwin.com, its Users, and the general public, or (f) investigate or defend ourselves against third-party claims or allegations. You acknowledge that feetwin.com may place third party web beacons or cookies in the footer of the pages of Your Network for the sole purpose of tracking anonymous website statistics, including traffic numbers and visitation patterns, about your Network. No personally identifiable information is transmitted by, or linked to, the web beacon or any cookies. These web beacons are commonly used by companies to understand visitation to their websites. For more information regarding passive data collection and what choices are available to you, please see our Privacy Policy. As a Network Creator, You are solely responsible for the operation and management of Your Network. In particular, feetwin.com currently offers an optional Add On feature known as Paid Access (“Paid Access”), which lets You charge Members a fee for certain items on Your Network (such as paid membership, paid groups, paid content or donations).  If you choose to enable Paid Access, You are solely responsible for all matters relating to Paid Access and Your Members, including but not limited to billing and refund questions. 21. Your Account You need to register and create an account in order to become a Network Creator on the feetwin.com Platform or a Member of Network. You are responsible for keeping your account credentials and password secure. You agree to provide feetwin.com with current, complete and accurate information as prompted by the registration process. You agree to promptly update all information to keep your account on feetwin.com current, complete and accurate (such as noting a change in billing address or email). Generally speaking, account credentials are non-transferable, but Network Creators will have the ability to reset Member passwords in the event that a Member loses or can’t remember it. You will be solely responsible and liable for any activity that occurs under your account credentials. feetwin.com reserves the right to log off or deactivate Member accounts, including Your Network, that are inactive for an extended period of time. When you create Your Network, feetwin.com gives you the flexibility to choose your own subdomain for Your Network (e.g.,” developer” in the example: http://developer.feetwin.com.com) (“Network Subdomain“). feetwin.com also gives you the option to use your own domain with certain feetwin.com Product Plans (e.g., www.network.com or my.network.com), which is known as domain mapping (“Domain Mapped Networks”). You will be solely responsible and liable for any activity that occurs under Your Network’s Subdomain or on Your Domain Mapped Network. feetwin.com 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 feetwin.com Platform. You may not use anyone else’s account 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. feetwin.com will not be liable for any loss that you may incur as a result of someone else using your account credentials, Network Subdomain or password, either with or without your knowledge. However, you may be held liable for losses incurred by feetwin.com or another party due to someone else using your account credentials, Network Subdomain, or password. In other words, please be careful with your identity and passwords. In order to help us deliver the highest value platform and revenue programs to Network Creators, feetwin.com needs to account for all of the traffic and usage on the feetwin.com Platform, including Domain Mapped Networks. feetwin.com uses comScore Inc. (“comScore”) to get a third party measurement of the worldwide audience and usage across the feetwin.com Platform. Unless you request at any time to opt-out by contacting us via email at comscoreoptout [at] feetwin.com [dot] com, you agree to assign the traffic relating to your Domain Mapped Network to feetwin.com (through its parent company, Glam Media), including authorizing us to sign a Traffic Assignment Letter on your behalf for comScore syndicated audience measurement reports (collectively, a “Traffic Assignment”). As part of your Traffic Assignment, you confirm that you (i) are majority owner of the URL for your Domain Mapped Network, (ii) have a legitimate business relationship with feetwin.com, (iii) understand that your Domain Mapped Network URL will not receive credit for traffic to such URL in the syndicated audience reports for those entities where feetwin.com elects to include such URL and (iv) traffic for your Domain Mapped Network URL may not be assigned to any other company. Your Domain Mapped Network’s traffic will be viewable in the comScore syndicated audience measurement reports and will be included under the feetwin.com/Glam Media property roll-up. Should we or comScore require additional documentation to verify ownership of your Domain Mapped Network URL, you agree to provide reasonable efforts to accommodate such request. For example, if you are not the named registrant of the Domain Mapped Network URL, you must provide documentation demonstrating that the registrant of such URL is owned or employed by a company that you own. You understand that authorization and acceptance of this Traffic Assignment imposes no legal liability whatsoever on feetwin.com or comScore for damages, whether actual, incidental or consequential, relating to the maintenance or reporting of the Domain Mapped Network URL. You are fully responsible for timely notification to feetwin.com and comScore of any updates to the Domain Mapped Network URL, including, but not limited to, changes in ownership of such URL. You shall indemnify and hold harmless feetwin.com and comScore from and against any claims, liabilities, costs and expenses of any kind (including reasonable attorney’s fees and expenses) arising out of any allegation of improper assignment by you of the URLs pursuant to this Traffic Assignment. 22. Network Design If as a Network Creator, you have provided any art assets or other intellectual property to feetwin.com to design, or assist you with desigfeetwin.com Your Network (“Your Art Assets”) the following additional provisions will apply to you. Your Ownership. As between feetwin.com and You, You own all right, title and interest, including all intellectual property rights, in and to Your Art Assests and any specific deliverable or work product created by feetwin.com for You (“Deliverables”); provided, however, that in no event shall the term Deliverables include any feetwin.com Tools. “feetwin.com Tools” means any feetwin.com Technology or trade secret, process, algorithm, invention, original works of authorship, development, design, improvement, patent, copyright or other intellectual property of feetwin.com which feetwin.com (a) developed or acquired previous to entering into a Network design engagement with You; (b) acquired after the commencement of a Network design engagement with You and independently of such design engagement or (c) developed either alone or in collaboration with others, separate and apart from any Network design engagement with You, and all derivative works based thereon. feetwin.com Tools shall also include any software, project management, design and development processes and productivity tools developed by feetwin.com, and of general applicability to feetwin.com’s business, whether or not prepared under the course of performance of a Network design engagement with You. feetwin.com Ownership. As between feetwin.com and You, feetwin.com owns all right, title and interest, including all intellectual property rights, in and to the feetwin.com Tools and feetwin.com Technology and any derivative works or enhancements thereof. You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in the Agreement. Any rights not expressly granted by feetwin.com herein are reserved to feetwin.com and its suppliers. feetwin.com acknowledges and agrees that a design engagement does not grant to feetwin.com any right, title or interest in any content, code, software, Member data or other materials delivered to feetwin.com by You in connection with a design engagement (“Your Design Materials”), except for the limited rights expressly set forth in these Terms of Service. Any rights not expressly granted herein, are reserved to each of the parties. License Grant to You. Subject to the terms and conditions hereof, feetwin.com hereby grants to You, a non-exclusive, nontransferable, non-sublicensable worldwide, perpetual, royalty-free license, to use that portion of any feetwin.com Tools that are incorporated into any Deliverables solely in connection with Your use of Your Network(s) on the feetwin.com Platform. You shall not otherwise be entitled to use, license or commercially exploit the feetwin.com Tools and any such use may result in the revocation of the license rights herein. License Grant to feetwin.com. During the course of your usage of the feetwin.com Platform, you hereby grant to feetwin.com a non-exclusive, worldwide, royalty-free, and transferable right and license, to use, access, cache, reproduce, publicly perform and publicly display Your Art Assets for the sole purpose of desigfeetwin.com Your Network and operating and making Your Art Assets available on the feetwin.com Platform and in all current and future media in which the feetwin.com Platform may now or hereafter be distributed or transmitted. 23. Professional Services (including Build-It-For-You™) From time to time, feetwin.com may offer to Network Creators for an additional fee certain professional services relating to Your Network (“Professional Service”), including but not limited to a paid service under which feetwin.com will perform initial Network product setting customizations and designs relating to the launch of Your Network, all subject to the product description found here (the Build-It-For-You Service). The timing and completion of Professional Services shall be subject to feetwin.com’s availabi