- Privacy
Some of the advertisements that appear on Doostnama Services may also be delivered to you by third party Internet advertising companies. These companies utilize certain technologies to deliver advertisements and marketing messages and to collect non-PII about your visit to or use of Doostnama Services, including information about the ads they display, via a cookie placed on your computer that reads your IP address.
Third party applications (such as widgets) created by third party developers may also be available on the Doostnama Services. Third party applications are small bits of software, often with interactivity, that can be installed into Members’ profiles or shared with other Users. However, Doostnama does not control the third party developers, and cannot dictate their actions. When a Member engages with a third party application, that Member is interacting with the third party developer, not with Doostnama. Doostnama encourages Members not to provide PII to the third party’s application unless the Member knows the party with whom it is interacting.
- Sharing Your Content and Information
- For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and app settings): you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Doostnama ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you add an application and use Platform, your content and information is shared with the application. We require applications to respect your privacy settings, but your agreement with that application will control how the application can use the content and information you share.
- When you publish content or information using the "everyone" setting, it means that everyone, including people off of Doostnama, will have access to that information and we may not have control over what they do with it.
- We always appreciate your feedback or other suggestions about Doostnama, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
- Safety
- You will not send or otherwise post unauthorized commercial communications (such as spam) on Doostnama.
- You will not collect users' content or information, or otherwise access Doostnama, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Doostnama.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
- You will not offer any contest, giveaway, or sweepstakes ("promotion") on Doostnama without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotion Guidelines and all applicable laws.
- You will not use Doostnama to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of Doostnama, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
- Registration and Account Security
- You will not provide any false personal information on Doostnama, or create an account for anyone other than yourself without permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- You will not use Doostnama if you are under 13.
- You will not use Doostnama if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
- Protecting Other People's Rights
- You will not post content or take any action on Doostnama that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Doostnama if we believe that it violates this Statement.
- We will provide you with tools to help you protect your intellectual property rights.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including Doostnama, the Doostnama and F Logos, FB, Face, Poke, Wall and 32665), or any confusingly similar marks, without our written permission.
- If you collect information from users, you will: obtain their consent, make it clear you (and not Doostnama) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
- You will not post anyone's identification documents or sensitive financial information on Doostnama.
- Mobile
- We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
- In the event you change or deactivate your mobile telephone number, you will update your account information on Doostnama within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
- Payments
- Special Provisions Applicable to Share Links
- We give you permission to use Doostnama's Share Link button so that users can post links or content from your website on Doostnama.
- You give us permission to use such links and content on Doostnama.
- You will not place a Share Link button on any page containing content that would violate this Statement if posted on Doostnama.
- Special Provisions Applicable to Developers/Operators of Applications and Websites
- You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets our Policies and our Guidelines.
- Your access to and use of data you receive from Doostnama, will be limited as follows:
- You will only request data you need to operate your application.
- You will have a privacy policy or otherwise make it clear to users what user data you are going to use and how you will use, display, or share that data..
- You will make it clear to users what user data you are going to use and how you will use, display, or share that data.
- You will not use, display, or share a user's data in a manner inconsistent with the user's privacy settings.
- You will delete all data you received from us relating to any user who deauthorizes, disconnects, or otherwise disassociates from your application unless otherwise permitted in our Policies.
- You will delete all data you received from Doostnama if we disable your application or ask you to do so.
- We can require you to update any data you have received from us.
- We can limit your access to data.
- You will not transfer the data you receive from us (or enable that data to be transferred) without our prior consent.
- You will not give us information that you independently collect from a user or a user's content without that user's consent.
- You will make it easy for users to remove or disconnect from your application.
- You will make it easy for users to contact you. We can also share your email address with users.
- You will provide customer support for your application.
- You will not show third party ads or web search boxes on Doostnama user profiles or Pages.
- We give you all rights necessary to use the code, APIs (along with all data received), or tools we provide to you, but only in connection with your application.
- You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
- You will not misrepresent your relationship with Doostnama to others.
- You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our policies.
- We can issue a press release describing our relationship with you.
- You will comply with all applicable laws. In particular you will (if applicable):
- have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
- comply with the Video Privacy Protection Act ("VPPA"), and will obtain explicit, opt-in consent from users prior to sharing with Doostnama user data subject to the VPPA. You acknowledge Doostnama has no obligations under the VPPA.
- We do not guarantee that Platform will always be free.
- You give us all rights necessary to enable your application to work with Doostnama, including the right to incorporate content you provide to us into streams, profiles, and user action stories.
- You give us the right to link to or frame your application and place content, including ads, around your application.
- We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
- To ensure your application is safe for users, we can audit it.
- We can create applications that offer similar features and services to, or otherwise compete with, your application.
- About Advertisements on Doostnama
- You can use your privacy settings to limit how your name and profile picture may be associated with commercial or sponsored content served by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
- Special Provisions Applicable to Advertisers
- When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
- You will pay for your Orders in accordance with our Payment Terms. The amount you owe will be calculated based on our tracking mechanisms.
- Your ads will comply with our guidelines.
- We will determine the size, placement, and positioning of your ads.
- We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
- We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
- You can cancel your Order at any time through our online portal, but it may take us seven days before the ad stops running.
- Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
- We can use your ads and related content and information for marketing or promotional purposes.
- You will not issue any press release or make public statements about your relationship with Doostnama without written permission.
- We may reject or remove any ad for any reason.
- You warrant that you have the legal authority to bind the advertiser to this Statement.
- You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
- Special Provisions Applicable to Pages
- Pages are special profiles that may only be used to promote a business or other commercial, political, or charitable organization or endeavor (including non-profit organizations, political campaigns, bands, and celebrities).
- You may only administer a Doostnama Page if you are an authorized representative of the subject of the Page.
- Pages can only post content and information under the "everyone" setting.
- When you publish content or information to your Page we have no obligation to distribute your content or information to users.
- If you use a Fan Box widget off of our site to promote your Page, others will be able to copy and place the widget elsewhere.
- You may not place a Fan Box widget in an advertisement.
- If you collect user information on your Page, Section 9 of this Statement also applies to you.
- If you display advertising on your Page, Section 11 of this Statement also applies to you.
- Termination
- Disputes
- You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Doostnama exclusively in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on Doostnama, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- WE TRY TO KEEP DOOSTNAMA UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING DOOSTNAMA "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT DOOSTNAMA WILL BE SAFE OR SECURE. DOOSTNAMA IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. 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." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR DOOSTNAMA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR DOOSTNAMA WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. 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, DOOSTNAMA'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Special Provisions Applicable to Users Outside the United States
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Doostnama (such as advertising or payments) or operate a Platform application or website.
- Definitions
- By "Doostnama" we mean the features and services we make available, including through (a) our website at www.doostnama.com and any other Doostnama branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By "us," "we" and "our" we mean Doostnama, Inc., or if you are outside of the United States, Doostnama Ireland Limited.
- By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services, including Connect and RSS feeds, to retrieve data from Doostnama or provide data to us.
- By "information" we mean facts and other information about you, including actions you take.
- By "content" we mean anything you post on Doostnama that would not be included in the definition of "information."
- By "data" we mean content and information that third parties can retrieve from Doostnama or provide to Doostnama through Platform.
- By "post" we mean post on Doostnama or otherwise make available to us (such as by using an application).
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into Doostnama at least once in the previous 30 days.
- By "application" we mean any application or website (including Connect sites) that uses or accesses Platform, as well as anything else that receives data.
- Other
- This Statement makes up the entire agreement between the parties regarding Doostnama, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
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