Terms of Use

Clusters Policy

May 2009

The Clusters Add-on for Firefox and the clusterurl.com domain are operated by Xyberhome Inc.

Xyberhome is committed to provide of its users.

Security:

1. The Clusters Add-on for Firefox does not install any third party application.

2. The Clusters Add-on for Firefox and clusterurl.com do not install adware, spyware, or any other types of threats to your privacy.

You decide about how to treat your information:

Clusters create a publicly accessible web page (a "cluster") at the domain http://www.clusterurl.com.

No personal information or details from your browser are stored on our server for any cluster you create, view or edit.

We reserve the right to delete any cluster from our servers that we receive complaints about.

Important information:

We reserve the right to modify this privacy statement at any time, so please review it frequently.

How to contact us:

If you have any questions or comments please email us at privacy@clusterurl.com

 

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Terms of Use

Date of Last Revision: May 2009

The Clusters Add-on for Firefox and clusterurl.com are operated by Xyberhome, Inc. and its subsidiaries and affiliates ("us," "we" or "Xyberhome"). By using or accessing Clusters and the Clusterurl.com service (collectively referred to as the ‘Clusters Service’), you agree that you have read, understand and are bound by these Terms of Use ("Terms"). We reserve the right, at our sole discretion, to change or delete portions of these Terms at any time without further notice. Your continued use of the Clusters service after any such changes constitutes your acceptance of the new Terms.

Privacy:

We care about the privacy of our users. Please read our privacy policy.

Eligibility:

You may not use the Clusters service if you are under 13 without adult supervision. If you are between the ages of 13 and 18, we strongly suggest that you seek parental consent to use the Clusters Service.

Prohibited Conduct

By using or accessing the Clusters Service, you represent, warrant and agree that you will not:

* do anything that could disable, overburden or impair the proper working of the Clusters Service;

* use any robot, spider, scraper or other automated means to access the Clusters Service;

* send spam or any other unauthorized advertisements or solicitations through or using the Clusters Service;

* offer any contest, sweepstakes, coupon or other promotion through the Clusters Service without our prior written consent;

* do anything that is illegal, infringing, fraudulent, malicious or could expose Xyberhome or the Clusters Service users to harm or liability; or

* attempt, encourage or facilitate any of the above.

User Content

* You are solely responsible for the User Content that you post on or through the Clusters Service. By using or accessing the Clusters Service, you represent, warrant and agree that you will not Post:

* User Content that violates the law or anyone's rights, including intellectual property ("IP") rights or other proprietary rights (such as rights of publicity and privacy);

* any contact information or private information of any third party;

* false, misleading or fraudulent information;

* any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;

* User Content that is threatening, hateful, racially or ethnically offensive.

* Xyberhome does not pre-screen, review, edit or approve any User Content. Xyberhome may, in its sole discretion, remove or disable access to any User Content.

* "User Content" means any photos, text, link, audio, video, designs, ads and anything else that you Post on or through the Clusters Service. "Post" means to upload, download and share, store, link to or otherwise make available on or through the Clusters Service.

IP Complaints

We respect the IP rights of others and we prohibit users from posting User Content that violates another party's IP rights. When we receive a proper claim of IP infringement, we promptly remove or disable access to the allegedly infringing User Content. If you believe that User Content on the Clusters Service infringes your IP rights, please inform us immediately at IPclaim@clusterurl.com. All IP claims or copyright claims will be handled in accordance with the Digital Millennium Copyright Act. If you are a user whose User Content was removed due to alleged copyright infringement, and you believe the removal was mistaken, please email us contentremoval@clusterurl.com and we will investigate this for you.

Your Privacy Practices

We respect the privacy rights of third parties, and you must do so as well on the Clusters Service. If you collect, access or use information relating to any user of the Cluster Service (including information contained in any user profile) you must obtain consent from the user and make it clear to the user that the collection, access and use is being carried out by you and not Xyberhome.

Ownership; Proprietary Rights

Except for User Content and Applications/Connect Sites, all materials, content and trademarks on the Clusters Service are the property of Xyberhome and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Without limiting the foregoing, Cluster Tabs, ClusterURL, the CLUSTERS LOGO, and all related logos, are trademarks of Xyberhome. Except as expressly authorized by Xyberhome in writing, you agree not to use, sell, license, reformat, modify, edit, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the materials, content or trademarks.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to Xyberhome ("Submissions"), are non-confidential and non-proprietary. Xyberhome will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

User Disputes and Complaints

You agree not to hold Xyberhome responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to the Clusters Service. This includes transactions conducted on the Clusters Service as well as the collection, handling and sharing of personal information that you provide to third parties. If you have a dispute with a third party relating to the Clusters Service, you release Xyberhome and its directors, officers, employees and agents (collectively, the "Xyberhome Entities") from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code #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."

If you believe that the Clusters Service or Xyberhome's business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of Xyberhome's legal department (legal@clusterurl.com) If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that the Xyberhome Service is unfair, fraudulent or unlawful with respect to that issue.

Indemnity

You agree to indemnify and hold Xyberhome Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of the Clusters Service or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. Xyberhome reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Xyberhome, and you agree to cooperate with Xyberhome's defense of these Claims.

General Disclaimers

USE OF THE CLUSTERS SERVICE IS AT YOUR OWN RISK. THE CLUSTERS SERVICE, CLUSTERURL WEBSITES AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE CLUSTERS SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, XYBERHOME, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, XYBERHOME, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE CLUSTERS SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE CLUSTERS SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

XYBERHOME IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THE CLUSTERS SERVICE (COLLECTIVELY, "THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF XYBERHOME ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE CLUSTERS SERVICE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF THE XYBERHOME SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO XYBERHOME DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.

Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL XYBERHOME ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE CLUSTERS SERVICE, THE CLUSTERURL WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE CLUSTERS SERVICE, EVEN IF XYBERHOME OR A XYBERHOME AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, XYBERHOME'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF XYBERHOME ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE CLUSTERSf SERVICE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF THE XYBERHOME SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO XYBERHOME DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.

Termination and Changes to the Xyberhome Service

We may terminate the Clusters Service, delete any User Content you have Posted on or through the Clusters Service, and/or prohibit you from using or accessing the Clusters Service (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of the Clusters Service at any time without notice. The following sections will survive any termination of your use of the Clusters Service: Prohibited Conduct, User Content, Your Privacy Practices, Gift Credits, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to the Xyberhome Service, Arbitration, Governing Law; Venue and Jurisdiction and Other.

Arbitration

Except as set forth in the paragraph below, you agree that all claims and disputes between you and Xyberhome that arise out of or relate in any way to the Terms or your use of the Clusters Service will be resolved either by (a) binding arbitration by a single arbitrator in New York, NY or (b) binding non-appearance based arbitration conducted by telephone, online or based solely on written submission. Such arbitration will be administered by Judicial Arbitration and Mediation Services ("JAMS") (see http://www.jamsadr.com) pursuant to its Comprehensive Arbitration Rules. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.

With respect to any claims or disputes you intend to bring on behalf of a class, you agree to arbitrate whether a class could be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, you will continue to resolve your individual claims or disputes through binding arbitration. If the arbitrator finds that a class should be certified, you may file the class action in a court of law provided you waive any right to a trial by jury. Claims for injunctive or other equitable relief may also be brought in a court of law.

Governing Law; Venue and Jurisdiction

You agree that all claims and disputes between you and Xyberhome that arise out of or relate in any way to the Terms or your use of the Clusters Service will be governed by the laws of the State of New York (and United States federal laws applicable therein), without regard to principles of conflict of laws. You further agree that you will bring any claims or disputes that are not subject to arbitration (as set forth above) in, and you submit to the exclusive jurisdiction of, the state and federal courts located in New York, NY.

Other

The "Clusters Service" means the features, services and properties that Xyberhome makes available through (a) www.clusterurl.com or any other Xyberhome-branded or co-branded website (including, without limitation, any and all sub-domains and all international, mobile versions and successors thereof), (b) the Clusterurl Platform and (c) other media, devices or networks now existing or later developed. Unless otherwise specified, the terms "includes," "including," "e.g.," "for example," and other similar terms used herein are deemed to include the term "without limitation" immediately thereafter. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance. If, for any reason, any provision of these Terms or portion thereof is rendered invalid or unenforceable, the remainder of these Terms will remain in full force and effect and will be enforced to the maximum extent permissible so as to effect the intent of the parties. An arbitrator or court will substitute or rewrite any invalid or unenforceable term or provision to make such term or provision valid and enforceable. All communications and notices to be made or given pursuant to these Terms will be in the English language. You consent to receiving communications and notices from Xyberhome.com or clusterurl.com at the email address you use to contact the Clusters Service or otherwise elect in your account settings. These Terms constitute the entire agreement and supersede any prior agreement between you and us regarding your use of the Clusters Service.