Terms of Service & Privacy Policy Terms of Service & Privacy Policy

I.    SPRIBO’S TERMS OF SERVICE & PRIVACY POLICY

Welcome to Spribo Social Networking Platform (the “Spribo Platform” or “Platform”), a space that allows people to come together online around shared interests, hobbies, or causes through social networks.

These terms of service will constitute a binding contract between you (the “User”), who will be using the “Platform” or the “Services” as defined below and Spribo, L.L.C. (also referred to below as “we”, “us”, “our” and “Spribo”). These Terms of Service explain Spribo´s obligations to User and User´s obligations to Spribo when User utilizes the Platform or the Services. By utilizing the Spribo Platform or the Services, User agrees that Spribo has provided User sufficient consideration to obligate User to abide by the Terms of Service.

In addition to your agreement to be bound by Spribo’s Terms of Service, the social network that you are accessing on the Spribo Platform has likely adopted its own terms of use.  To the extent that the social network you are accessing has its own terms of use, then such terms appear at the bottom of this Agreement.
 
Acceptance

By clicking the "I accept" button displayed as part of the registration or by using any of the Services or any portion thereof, User represents that User is 18 years or older and User accepts and agrees to be bound by Spribo’s Terms of Service, all other terms and conditions that Spribo incorporates by reference into these Terms of Service, and, to the extent not inconsistent or in conflict with these Terms of Service, the terms of use of the Social Network that User is accessing.

In the event that User is using the Platform or the Services on behalf of a company or other legal entity, User represents that User has the authority to bind such entity or company to this agreement, in which case the terms “User”, "you" or "your" shall also refer to such entity or company. Should User not have such authority, or should User not agree with these Terms of Service, User must select the "I decline" button and may not use the Spribo Platform or Services.

Where a conflict or inconsistency exists between Spribo’s Terms of Service, and the terms of use that are adopted by such social network, or where it is impossible to comply with both terms, the applicable term of Spribo’s Terms of Service shall control over the conflicting or inconsistent social network term of use.

Definitions

1.1 “Spribo Social Networking Platform” or the “Platform” means the technological platform that hosts all services and resources offered in our platform and are located at www.spribo.com and any successor URLs for creating social networks and using Spribo’s Services.

1.2 A “Social Network” is a social structure made of nodes (which are generally persons or entities) that are tied by one or more specific types of relations within a Social Network. A Social Network allows persons and entities to come together online around shared interests, hobbies, or causes. Social Networks are created by Users who are the Network Creators, through the use of the Spribo Platform, for Users to connect with other Users online. Social Networks include features such as User profiles, friends, comments, recommendations, forums, photo sharing, video sharing, reviews, ratings, people matching, and events, among others.

1.4 “Services” means all services and functionalities that Spribo provides or hosts for creating social networks within the Spribo Platform, such as blogs, wikis, bookmarks, and file sharing, photo and video sharing and other services that the User customizes in a Social Network, including “impulse services”, advertising and/or partnership services.

1.5 “Network Creators” are Users that have participated in the creation, development, augmentation, or alteration of one or more Social Networks using Spribo’s platform, and includes activities such as configuring, customizing, deleting, supplementing, managing, or controlling any aspect of any Social Network, such as the Social Network’s layout, look and feel, applications, widgets, User profiles, and Content or User Accounts.

1.6 “Users” (also referred to below as “you” and “your”) are persons or entities: (i) who register on the Platform and/or access the Platform to interact and meet other Users of Social Networks, (ii) who use the Services, (iii) who view, download, contribute or share content, data, or information hosted on the Platform, or (iv) who otherwise use a Social Network that in turn uses the Spribo Platform.

1.7 “Advertisers” are persons or entities who inform potential or actual Users of a social network about their products and services.

1.7.1 “Advertising” or “Promotions” refers to Content that is furnished by Advertisers on the Platform to Users.

1.8 “Content” means all works of authorship, data (including user profiles), information, text, comments, communications, recommendations, notices, forums, graphics, logos, symbols, photos, images, videos, sounds, music, songs, files, listings, postings, messages, formulas, equations, calculations, software, widgets, routines, or other materials posted on or transmitted through the Spribo Platform or through any Social Network that are hosted on the Platform. Users upload Content to Social Networks. Social Networks, in turn, control Content. Content is presumed public unless the a Social network’s Network Creator designates that Social Network as private, in which case Content submitted to that Social Network will be deemed to be Private Content. Private Content is licensed for use only within the Social Network into which it is posted. Public Content is available in the Social Network in which it is posted and other Networks.

1.8.1 “User Content” means any Content submitted by the User to a Social Network that is hosted on the Platform or submitted through the use of any of the Services.

1.8.2 “Spribo Content” means any Content, including the advertising, logos, copyright designations, and other notices or policies, of Spribo or its Business Partners, including hyperlinks which Spribo or its business Partners display on the Platform and within the Social Networks that are hosted on the Platform.

1.10 “Personal or User Data” means all: (i) registration data (including user name, handle, password, mailing address, e-mail address, telephone number and credit card information that is collected from the User by a Social Network or another User; (ii) demographic data, mailing lists, inquiry lists, buyers lists and any other personally identifiable information and data provided by or obtained from a User that is collected by a Social Network; and, (iii) all transaction data and history provided by or obtained from a User that is collected from a Social Network.

1.11 “User’s Agreement” means these Terms of Service, any other written agreement(s) entered into between User and Spribo, and any Terms of Use that have been adopted by the Social Network that User is accessing on the Platform, so

long as the Social Network’s Terms of Use are not contrary to Spribo’s Terms of Service.
1.12 “Communities” are groups of persons or entities having common interests.

1.121 The terms “person or entity” and “persons or entities” shall mean and refer to any natural person, as well as any legally recognizable organization, corporation, company, joint venture, partnership, association, trust, group, consortium, municipality, agency or other governmental entity.

1.13 “Splash Rewards Program” is a shared revenue model designed to stimulate and motivate Network Creators’ and Users’ active participation in a Social Network through compensation. The Splash Rewards Program rewards the Social Networks’ user affluence and active participation by granting “spribucks”, Spribo’s virtual currency that will be exchangeable for Services, cash or certain of Spribo’s partners’ products/services on a periodic basis and upon terms established by Spribo.

1.14 “Impulse Services” are Services offered to Social Networks to enhance their productivity and customization, in order to have a more personalized or private environment. Spribo offers these Services for a fee to any Social Network on the Platform that is interested in having more space for uploading multimedia content, making their Social Network more personal by removing Spribo’s sponsored promotions or using their own domain, avoiding irrelevant links by removing Google Ads, or even adding their own ads to create a more focused and targeted community. Spribo’s Impulse Services are available for a fee that Spribo sets based upon the specific Services utilized by the Social Network. Users purchasing Impulse Services agree to pay the applicable fees, and agree to abide by and comply with any additional requirements or rules Spribo establishes for use of such Impulse Services.

1.15 A “Spribo Business Partner” or “Business Partner” is a User company with whom Spribo has established a business relationship to add value to the Platform. Spribo Business Partners participate in revenue generation by including their products and/or services as part of Spribo’s Platform features or Services or allowing such Business Partner to advertise its products or services to Users of Spribo’s Platform.  The term “Spribo Partner” indicates the existence only of a contractual relationship between Spribo and that business Partner relating to the offering of such Business Partner’s products or services to Users or on Social Networks.  User acknowledges and agrees that no partnership, joint venture or other agency relationship exists between Spribo and any Spribo Business Partner, and that Spribo Business Partners are solely responsible for the products and services that they offer to Users or on Social Networks.

Responsibilities

Network Creators agree to be responsible for all activity taking place through the use of the Spribo Platform on their Social Networks. Network Creators agree to take appropriate action to monitor their Social Networks for any violations of the Terms of Service or applicable local, state federal or international laws by Users of their Social Network, and take appropriate action to report and, as warranted, redress such violations.  By using the Services, Users, including all Network Creators represent and warrant that they shall abide by all applicable local, state, national, and foreign laws and regulations in connection with use of the Platform or publishing Content on their Social Network, including, without limitation, those related to intellectual property and privacy laws (collectively, “Laws”). As part of User’s obligations under the Terms of Service, User agrees to: (i) immediately notify Spribo about any actual or suspected breach of security involving the Services (including but not limited to any unauthorized use of your password or account); (ii) immediately report to Spribo any suspected unlawful conduct and use reasonable efforts to immediately stop any known unlawful copying or distribution of Content; and, (iii) not to impersonate any other person or entity or provide false identity information to gain access to or use the Platform or any Social Network.  

Unauthorized posting or publishing of copyrighted or copyrightable material or material that infringes upon the intellectual property rights of others (hereafter referred to as “Unauthorized Content”) on a Social Network could have legal consequences. Each User agrees that Spribo shall not under any circumstances be responsible for any User’s posting or publication of Unauthorized Content on the Platform or any Social Network.  Users posting such Unauthorized Content and the Network Creators of such Social Networks on which the Unauthorized Content is published or posted agree to be solely responsible for any legal consequences relating to the same and agree to indemnify, defend and hold harmless Spribo, its officers, directors, agents and employees against all claims, damages and penalties arising from or relating to the posting or publication of such Unauthorized Content, including but not limited to any attorneys’ fees and costs incurred or awarded to a party pursuing legal action for the publication or posting of such Unauthorized Content.  Network Creators are responsible for verifying that any Content posted on the Network Creator’s Social Network by a User does not infringe third party intellectual property rights or the copyright protection of others or otherwise, that any necessary authorization, license and/or appropriate permission has been obtained to post such Content to the Social Network.

User agrees that the Spribo Platform may contain, and Spribo in its sole discretion may display on any Social Network, Advertising, logos, copyright designations, and other notices or policies, or other content of Spribo or its Business Partners, including hyperlinks which display certain non-modifiable terms and conditions (herein referred “Spribo Content”) that relate to Spribo’s role as a service provider or its agreements with Business Partners. All Social Networks and Users (including all Network Creators),  agree that Spribo has the right to post such Spribo Content on any Social Network that is hosted on the Platform or that makes use of the Services.  Users, including all Network Creators, promise not to obscure, attempt to obscure, modify, attempt to modify or contravene the Spribo Content in any way.

Social Networks and their Social Network Creators represent and warrant to Spribo that such Social Network shall contain a terms of use click agreement (a “Social Network Terms of Use”) that: (i) contains certain non-modifiable language required by Spribo as set forth within the End User Agreement configuration area located at:  http://www.spribo.com/enduseragreement; and, (ii) is otherwise at least as protective of Spribo as this Agreement. You acknowledge that only those who have first agreed to be bound by your Social Network Terms of Use and bound by this Agreement may: (i) submit any User Content and/or Personal or User Data to your Social Network while it is hosted on the Platform and (ii) use any of the Services.

Network Creators agree that before opening their Social Network to use by other Users, the Social Network shall have in place a privacy policy at least as restrictive as that of Spribo (below) and procedures that will protect the private personal or User Data collected by that Social Network or its administrator.

Content

Whether you are a Network Creator or a User utilizing the Spribo Platform or Services, you agree that you are solely responsible for all User Content, information or materials whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Spribo Platform. For all Content that you post on the Spribo Platform, you grant Spribo an irrevocable license to copy, distribute, delete, disrupt access to, modify and publicly display such User Content. You further grant Spribo such license, access and permissions to the Social Network so that Spribo may in its sole discretion post Spribo Content on the Social Network, and as will allow Spribo to maintain the website, the Platform, and the Services (and their associated syndication technologies) or perform maintenance on the mechanical and electronic equipment in connection therewith. You understand and acknowledge that using any of the Services or accessing the Platform or any of the Social Networks hosted thereon, furnishes sufficient consideration for these licenses and that Spribo will not compensate you, your Social Network, or your Social Network’s Users for any of the User Content. You represent and warrant that you have not granted and shall not grant any rights inconsistent with this license.

By posting User Content, you hereby grant permission to Spribo and others to access and use the User Content as Spribo deems necessary or advisable in connection with its business. You understand and acknowledge that Spribo is not responsible for the unauthorized access of or use of any User Content by any person or entity and is under no obligation to disable or restrict access to or use of your User Content posted on a Social Network or existing on the Spribo Platform. Each User agrees and acknowledges in the event that it wishes to prohibit access to or use of its Content, that it is the User’s obligation to remove any such User Content from the Social Network or Platform.  Information on how to remove your User Content is available within the Spribo Platform.

Content Deletion

We have no obligation to maintain or store your User Content or the User Content posted on your Social Network. You agree that Spribo has the right to delete any Content for any reason or no reason, including but not limited to service termination or violation of these Terms of Service or the Code of Conduct. In the event that your User Content or your Social Network’s Content is deleted from the Spribo Platform, you acknowledge that you shall not be able to retrieve such Content and waive any right to seek recovery from Spribo for such deletion.

Code of Conduct

User agrees that User will not post Content or use the Services in a way that is against any applicable Laws or that harms Spribo, Spribo’s Business Partners other Users, Network Creators, affiliates, service providers or partnerships, or the public. User agrees that Spribo has no obligation to tell any User of the Spribo Platform or Services about uses that may be harmful, and even though Spribo may from time to time inform Users of such harmful uses, User agrees that in doing so, Spribo will not be deemed to have undertaken an obligation to do so in the future.
User represents that User will comply with and adhere to the Code of Conduct, these Terms of Service, and all other notices that Spribo may post to its Website or on the Platform from time to time. User agrees that any breach of the Code of Conduct, these Terms of Service or other notices posted to the Spribo Website may result in the termination of User’s access to the Platform, the deletion of User’s Content from any Social Network on which it is posted, and/or the removal of the Social Network(s) to which User belongs from the Platform without prior notice. Spribo reserves the right to totally or partially cancel, suspend, or block any User’s access to the Spribo Platform or Services at any time and for any or no reason.

User also agrees that Spribo may modify the Code of Conduct, the Terms of Service and other notices from time to time in Spribo’s sole discretion by posting them to the Spribo Website and that, immediately upon posting the same; such modifications will all apply to all Users accessing the Platform or using the Services thereafter.
As a User of the Spribo Platform, you agree to take a constructive tone and practice good etiquette and courtesy and you agree not to:

  • threaten, disrupt, inflame, intimidate, libel, stalk, defame, or defraud any person, entity, or group on any basis including but not limited to age, gender, sexual orientation, ethnicity, race, religion or disability and you agree not to encourage or enable anyone else to do so;
  • post, publish, or transmit any text, graphics, or materials that are illegal or that violate any applicable laws or regulations or that contain, encourage, advocate, or expresses: obscenity, pornography, sexually explicit conduct, child pornography, the making or buying of illegal weapons or illegal drugs, hatred, bigotry, racism, profanity, vulgarity or gratuitous violence or use of weapons;
  • harm or exploit minors in any way including collecting a minor’s personally identifiable information, including but not limited to name, email address, home address, phone number, or school;
  • invade privacy by attempting to collect, store, or publish private or personally identifiable information, including but not limited to password, account information, credit card number, address, or other contact information;
  • modify or falsify the source of any content or information, impersonate Spribo or another User or any other person or entity, or falsely state or misrepresent affiliation with a person or entity
  • disrupt, hack into, harm or inappropriately access any computer, network, server or telecommunication system, private site/page or violate related security or operational procedures, policies or regulations;
  • flood, overload, or mail bomb any mail service, network (including any Social Network), or the Platform, or transmit or transfer any harmful or disruptive viruses, worms, computer code, files, or programs to the Platform, Spribo’s Website, or any Social Network hosted on the Platform;
  • infringe any patent, trademark, trade secret, copyright, or other proprietary rights or violate contractual or fiduciary relationships (such as insider, proprietary, or confidential information);
  • encourage or instruct unauthorized copying or circumvention of copy protection or pirating of intellectual property or content including but not limited to photographs, songs, videos, sounds, music, text, and files;
  • access restricted, password-only, or hidden pages or images (those not linked to or from another accessible page);
  • distribute or disseminate inappropriate, unauthorized or unsolicited advertising or promotional offers including, but not limited to contests, sweepstakes, barter, junk mail, spam, chain letters, and pyramid schemes;
  • use Spribo messages or member profile content to obtain personally identifiable information or to solicit, or sell to any member inappropriately;
  • support or help any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act [8 U.S.C. s. 1189];
  • include or create links or otherwise refer to external sites that violate these restrictions;
  • create "trolling" posts (trolling is deliberately posting false or provocative information in order to elicit responses from people who would not respond if they knew the motivation behind the post); or
  • attempt to reverse engineer, decode, access, or search, the Services or any User Content on the Platform with any engine, software, tool, agent, device, or mechanism other than the Platform search agents provided by Spribo or provided by the Social Network on which such User Content is posted or other generally available third party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox); or (ii) to "frame", "mirror" or otherwise copy any portion of the Platform without Spribo's express written authorization.
     

Impulse Services

Spribo offers fee-based Impulse Services as described here on the Spribo Platform. If Network Creator chooses to sign up for an Impulse Service, you agree to pay the applicable fees and abide by any additional terms and conditions associated with the use of such Impulse Services.

Splash Rewards Program

As Network Creator or User, you can enjoy the great benefits of Spribo’s shared revenue program called “Splash Rewards Program.” To do so, it is necessary to subscribe to and accept the Splash Rewards Program terms and conditions.

Support and Performance

From time to time Spribo may elect, but is under no obligation, to provide documentation and information to help Network Creators in creating and enhancing their Social Networks. As a Network Creator, you are responsible for implementing and maintaining all support for your Social Networks.

As a Network Creator, you must ensure your Social Network will not degrade the performance of the Spribo Platform. In the event your Social Network exceeds the quotas and limitations set by Spribo (e.g., API calls, storage or bandwidth) or otherwise degrades the performance of the Spribo Platform or Services in any way, Spribo may suspend your Social Network or remove it from the Platform at our sole discretion.

Spribo Platform Policies

Spribo may establish general polices and limits concerning use of the Spribo Platform (“Spribo Platform Policies”), including (and not limited to) the maximum: (i) number of days that a Social Network and related uploaded Content will be retained; (ii) size and number of Content files and objects (including email messages); (iii) disk space allotted to you (as a Network Creator) and your Social Network and to your Social Network’s Users; (iv) number of times and duration for which you may access the Spribo Platform or Social Networks in a given period of time; (v) bandwidth used by your Social Network’s applications or Content; and, (vi) CPU power used by your Social Network or Content. Once established, each User and Network Creator agrees to abide by the Spribo Platform Policies.  Spribo reserves the right to log off or deactivate User accounts that are inactive for an extended period of time.

The Spribo Platform Policies currently establish no limit to the number of Social Networks a Network Creator can create. Notwithstanding, unless the Network Creators for a Social Network have contracted to purchase Spribo’s Impulse Services, each Social Network cannot exceed a quota limit of 10GB (Gigabytes) for Public Content and Private Content storage, and 100GB (Gigabytes) per month of network bandwidth.

Advertising Revenue

Spribo offers a free service for creating Social Networks; therefore, Spribo has the right to display ads, on your Social Network including the right to link ads. All revenue generated as a result of any such advertising is property of Spribo. Network Creators and Users cannot alter, obscure, diminish, hide, change the position of, or remove any advertisements or other Content posted by Spribo on your Social Network. However, as Network Creator, Spribo in its sole discretion may offer Network Creators or Users the opportunity for their Social Network to include its own advertisements (coexisting with those published by Spribo) and as a means for your Social network to participate in or generate its own advertising revenue. For more information, please review our Impulse Services terms and conditions.

Changes to or Discontinuance of the Spribo Platform or policies

Spribo may at any time (and from time to time) at its sole discretion modify, suspend, or discontinue providing the Spribo Platform or the Services or any part thereof with or without notice for any reason or no reason. Spribo will not be liable to you or to any third party for any modification, suspension or discontinuance of the Spribo Platform or any of the Services.

Updates to Terms of Service

These Terms of Services (and policies contained herein) may be updated or modified by Spribo from time to time and at any time upon Spribo´s posting of the amended Terms of Service on this page, which you agree to abide by immediately upon posting, unless you have selected the “I Decline”. No User selecting the “I Decline” option is permitted to use the Platform or the Services.

In addition to these Terms of Service, you will comply with all policies applicable to Spribo and the Spribo Platform, which policies are: (i) either posted in the Spribo Platform or provided to you; and, (ii) which are hereby incorporated by reference into these Terms of Service.

Disclaimer and Warranties

You agree that when accessing or using: (i) the Spribo Platform as a Network Creator or User, (ii) any Social Network hosted on the Platform, (iii) all code and Content on the Platform or any Social Network, and (iv) any of the Services, you assume all risk and responsibility for any injury, liability, damages or harm you or your Social Network incur. You acknowledge and agree that the Platform, and all Services, code and content are provided on an “AS IS” and “as available” basis. SPRIBO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Neither Spribo nor its agents makes any warranty that the Spribo Platform, Services, software code or Content will meet your requirements or be uninterrupted, timely, secure, or error-free.

You acknowledge and agree that by using the Platform and Services, you may be exposed to Content that is offensive, indecent, or objectionable. You further acknowledge and agree that the Services and the Content may contain errors or omissions. You acknowledge and agree that Spribo is under no obligation to and does not screen or review published Content on the Platform or Social Network hosted on the Platform to determine whether it contains false, defamatory, harmful or injurious material or material which is offensive, indecent, objectionable, or which contains errors or omissions. 

User agrees that under no circumstances will Spribo be liable in any way for any of your User Content or any of your Social Network’s Users’ Content, including, but not limited to: (i) the publication of any defamatory, or false Content (ii) the existence of any errors or omissions in any Content, or (iii) for any loss or damage of any kind arising from or relating to the use or publication of any User Content posted, emailed, or otherwise transmitted via the Services. Spribo does not guarantee that any Content will be to your satisfaction.

Limitation of Liability

You agree that IN NO EVENT SHALL SPRIBO’s AGGREGATE LIABILITY TO THE USER, WHETHER ARISING WITH RESPECT TO OR IN CONNECTION WITH THIS TERMS OF SERVICE OR USER’S USE OF THE SERVICES, EXCEED THE AMOUNT THAT USER PAID SPRIBO, IF ANY, DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT UPON WHICH USER’S CLAIMS ARE BASED.

You agree that IN NO EVENT SHALL SPRIBO AND/OR ITS LICENSORS BE LIABLE TO THE USER FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICES OR THE SPRIBO PLATFORM, INCLUDING BUT NOT LIMITED TO: (i) THE USE OR INABILITY TO USE OR ACCESS BY YOU OR OTHERS THE PLATFORM, SERVICES OR ANY SOCIAL NETWORK HOSTED ON THE PLATFORM, OR (ii) THE USE OR INABILITY TO USE OR ACCESS BY YOU OR OTHERS ANY CONTENT OBTAINED FROM OR THROUGH THE PLATFORM, SERVICES, OR ANY SOCIAL NETWORK HOSTED ON THE PLATFORM, OR (iii) ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF CAUSE, IN THE CONTENT, EVEN IF SPRIBO OR ITS LICENSORS HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Other Restrictions.  You agree that:

(a) You shall not access the Platform if you are a direct competitor of Spribo, unless you have the prior written consent of Spribo. Further, you agree that you shall not access and/or use the Platform or the Services for purposes of monitoring Spribo’s performance, availability, or functionality, or for any other benchmarking or competitive purposes.

(b) You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or the Services in any way, except as expressly authorized by Spribo in this Agreement; (ii) modify or make derivative works based upon the Services or the Content; (iii) reverse engineer the Services and/or any component thereof; or, (iv) access the Services in order to: (a) build a products or services that are competitive to or in competition with the Spribo Platform or Services; (b) build a product using similar ideas, features, functions, or graphics of the Platform or Services; or, (c) copy any ideas, features, functions or graphics of the Platform or Services.

(c) You shall not utilize any part of the Platform or Services to: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable Laws (as defined below); (ii) send or store infringing, obscene, threatening, libelous, defamatory, pornographic, online gambling, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights or inconsistent with the generally accepted practices of the Internet community as reasonably determined by Spribo; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents, or programs; (iv) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (v) attempt to gain unauthorized access to the Platform or its related systems or networks; or, (vi) enable, further, or participate in any unlawful activity. You agree that you shall not use any part of the Platform in connection with providing any website or service that is aimed at, directed to, or marketed to persons under the age of 18. You acknowledge and agree that if Spribo becomes aware or has reason to believe that you are engaging in any such prohibited activity, Spribo has the right to immediately suspend and/or terminate your use of the Platform and the Services.

(d) All rights not expressly granted to you are reserved by Spribo. 

Indemnification

You agree to indemnify, defend and hold harmless Spribo, its affiliates, officers, directors, employees, consultants and agents from any and all claims, liability, damages and costs (including, but not limited to, attorneys fees) arising from or relating to your use or the use by other Users of your Social Network, your violation of the Terms of Service, or your infringement, or infringement by any other User of your account, of any intellectual property or other right of any person or entity.

Miscellaneous

The Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to conflicts of laws principles and without regard to your actual state or country of residence. The Terms of Service will inure to the benefit of Spribo's agents, affiliates, successors, assigns and licensees. All of Spribo’s rights under this Agreement are freely assignable by Spribo to any person or entity.  User may not assign any rights, responsibilities or obligations to any third party without the express prior written consent of Spribo.  Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Spribo. If for any reason a court of competent jurisdiction finds any term, provision or portion thereof of the Terms of Service to be void, unenforceable, or violative of any law, then such term, provision, or portion thereof shall be severed from the Terms of Service and the remainder of the Terms of Service will continue in full force and effect. Unless Spribo has entered into another written agreement with User concerning subject matter contained in this Agreement, these Terms of Service shall constitute the entire agreement between you and Spribo with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding this subject matter.


PRIVACY POLICY

Spribo respects the privacy of the Personal or User Data of each User that is registered in our platform and of our Services. We have created this policy to explain how Personal or User Data is collected on the Spribo Platform, and how this Personal or User Data is used by Spribo. We will be updating this Privacy Policy and will do our best to keep you aware of these changes by posting a notice on the Spribo Platform.

All Social Networks running on the Spribo Platform are required to adopt Privacy Policies at least as protective of such information as this Privacy Policy. Irrespective, we advise you to be careful and to use caution when providing Personal or User Data to Social Networks hosted on the Spribo Platform. You acknowledge and agree that Spribo is in no way responsible for the treatment of such information by other Users or the Social Networks hosted on the Spribo Platform.
By registering on the Spribo Platform, you agree: (a) to comply with the terms and conditions of this Privacy Policy; and, (b) that Spribo and any User of the Social Networks you access on the Platform may process (i.e., collect, use, etc.) your Personal or User Data as described in this Privacy Policy or the Terms of Service. Personal or User Data may be processed by Spribo or Users of the Platform in the country where it was collected as well as other countries (including the United States) where laws regarding processing of Personal or User Data may be less stringent.

Information We Collect

When Users (including Network Creators) interact with us through the Spribo Platform, we may collect Personal or User Data and other information from such Users, as further described below. When Users (including Network Creators) register to use the Platform or when you submit questions, comments or bug reports, Spribo collects Personal Data, including email addresses, photos, ID account and Password, and Spribo may also collect your IP address. This information is used to: (i) diagnose problems with our servers or Services, (ii) track movement within our website, (iii) investigate and combat online frauds or other unlawful conduct, (iv) investigate and address a User’s breach of these Terms of Service, and, (v) as deemed appropriate by Spribo in its sole discretion, to deny a User access to the Platform or the Services.

When you choose to purchase Impulse Services or other Services from Spribo, you provide necessary information to process your credit card payment, including your billing address.

Cookies and Passive Data Collection

We may use cookies in our Platform. A cookie is data that is stored on the hard drive of the computer that hosts our Platform given to your browser when you access the Platform. Our cookies help provide additional functionality to the site and help us analyze usage more accurately.
Content and Use of Networks

When you post Content (or send messages) in any Social Network on the Spribo Platform that enables sharing of information with other Users and visitors, other Users and visitors will have access to any Personal or User Data in such Content. The Spribo Platform keeps track of Content that you have uploaded to a Social Network on Spribo as well as the top Users for a Social Network. Such information, displayed with your ID and photo, if you uploaded one, is available to Users and visitors of the Spribo Platform. In addition, the Spribo Platform enables other Users to invite you to use Social Networks on Spribo.

Since you may voluntarily disclose any Personal or User Data in these public areas, you should be careful about the information you choose to disclose. Spribo does not and cannot control that disclosure, and is not liable in any way for anyone's use or misuse of the information in the disclosure. In other words, be cautious and use good judgment in connection with such disclosure. 

Our Disclosure of Your Personal or User Data and Other Information
Under certain circumstances, we may share your Personal or User Data with certain third parties without further notice to you, including the following:

a) Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a transfer (such as a sale, merger, reorganization, dissolution or similar event) relating to all or a portion of our business, assets or the Platform, Personal or User Data may be part of the transferred assets;
b) Service Providers, Agents and Related Third Parties. We sometimes hire other companies to perform certain business-related functions. Examples include mailing information, maintaining or organizing databases and processing payments. When we employ another company to perform a function of this nature, Spribo reserves the right to provide them with access to Personal or User Data.
c) Legal Requirements: We may also disclose your Personal or User Data if required to do so by law or in the good faith belief that such action is necessary to: (i) comply with a legal obligation; (ii) protect and defend our rights or property; (iii) protect the safety of other Users of the Platform or the public; or, (iv) protect against legal liability;
d) Network Creators: These Terms of Service require each Network Creator to comply with applicable laws (e.g., CAN-SPAM) and Spribo's rules with respect to the Network Creators' use of your Personal Data. As a Network Creator, you agree to employ a privacy policy within your Social Network that is at least as protective of Personal or User Data as his privacy policy. If you access a Social Network, you agree to abide by that Social Network’s privacy policy, and you agree that any dispute you have with a Network Creator or such Social Network is between you and that Network Creator or Social network (and not Spribo); and,
e) Spribo affiliates: Spribo does not currently have Affiliates, although it may in the future. Spribo may share some or all of your Personal Data with these Affiliates, in which case we will seek to require our Affiliates to honor this Privacy Policy.

Change of Ownership

In the event of a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we reserve the right to transfer all of the Spribo Platform's User information, including email addresses, to a separate entity. Spribo will notify Users (via a posting on this site or email (in Spribo's discretion) of such a transfer. You must deactivate your account prior to such transfer to keep your Personal or User Data from migrating to a new owner.

Security

Spribo takes reasonable measures to protect the Personal or User Data provided to Spribo via the Platform from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. These measures include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to the systems where Spribo stores Personal or User Data. You agree that Spribo is under no obligation to monitor or protect Personal or User Data that you supply to the Social Networks you access that are hosted on the Platform. Spribo also cautions you that no Internet or e-mail transmission is ever fully secure or error free. Specifically, e-mail sent to or from the Platform may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal or User Data to us via the Internet.

Accept as otherwise described herein, Spribo endeavors (but does not guaranty or warrant) to restrict access to the Personal or User Data that you provide to Spribo to our employees, contractors and agents who need to know that information in order to operate, develop or improve our Platform. These individuals are bound by confidentiality obligations and may be subject to discipline if they fail to meet those obligations. 

Accounts and Passwords

You must be a registered User to create Social Networks on the Spribo Platform or to use certain of Spribo’s Services. Social Networks and their Network Creators, independently determine whether Users also need to be registered with that Social Network to contribute Content in that Social Network.  As a User, you are responsible for keeping your password secure. Names of Social Networks and Spribo IDs are non-transferable. You agree that you will be solely responsible and liable for any activity that occurs under your ID.

Updating or Removing User Information

Users may, at any time, correct or update the information they have submitted to Spribo, by going to the account maintenance tab. You agree that Spribo may delete User information from Spribo's live database when a User deactivates their account. Even if you update your information through the account maintenance tab or deactivate your account, however, you agree that Spribo may retain your Personal or User Data in Spribo’s backup files and archives.

No Spam Policy

Our No Spam Policy and Terms of Service prohibit all Users and Network Creators from engaging in any activity involving the sending of email in violation of applicable law. Violations of these policies shall result in immediate termination of Services and subject the violator to legal action.

Any unauthorized use of Spribo computer systems is a violation of the Terms of Service and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. section 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

Spribo offers email masking and relay when Users choose to communicate with other Users on Social Networks run on the Spribo Platform to reduce third party email harvesting and spam. We also encourage Users to choose an email address where they will be comfortable receiving email responses from other Spribo Users if they choose, at their sole discretion, to upload a profile or classifieds listings on any Social Network executed on the Spribo Platform.

International Users

By visiting Spribo and the Social Networks on the Spribo Platform and providing Spribo with data, you acknowledge and agree that due to the international dimension of the Spribo Platform, we may use the data collected in the course of our relationship for the purposes identified in this Privacy Policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. Also such data may be stored on servers located in other States or outside the United States where laws protecting Personal or User Data may not be as stringent as the laws in your jurisdiction. By providing us with your data, you consent to the transfer of such data. 

Children

We do not allow that persons under the age of 18 to create a Social Network or use our Platform. We do not knowingly collect Personal or User Data from persons under the age of 18 and do not target our platform to children. If you are under 18 years of age, please do not submit any Personal or User Data through the Platform. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal or User Data on Spribo’s Platform or Services without their permission. If you have reason to believe that a minor has provided Personal or User Data to Us through Spribo’s Platform or Services, please contact us, and we will take all reasonable necessary measures under our control to deactivate the account.

Links to Other Websites

This Privacy Policy applies only to the Platform, and the Services provided through such Platform. The Platform may frame or contain references or links to other websites not operated or controlled by Spribo (the "Third Party Sites"). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Platform do not imply our review or endorsement of the Third Party Sites.

Policy subject to Review

Spribo reserves the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. We will endeavor to provide notice that a revision, amendment, or modification has occurred by posting a notification on the notifications tab on the Platform, and a Users continued use of the Services will signify agreement to abide by such changes.

Data Integrity

Spribo processes Personal or User Data only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to with the goal of collecting, storing and processing only the Personal or User Data needed to provide or improve our Services. We depend on our Users to update or correct their Personal or User Data whenever necessary to ensure that the Personal or User Data we process is accurate, complete, and current.

Enforcement

We constantly review our compliance with this Privacy Policy. We will appreciate if you direct any questions or concerns regarding this Privacy Policy or our treatment of Personal or User Data by contacting us through this web site or by writing to us at Spribo’s Privacy Matters (privacy@spribo.com). When we receive formal written complaints at this address, it is our policy to contact the complainant regarding his or her concerns. 

Changes to Our Privacy Policy

The Platform may change from time to time. Consequently, at times it may be necessary for us to make changes to this Privacy Policy. Accordingly, we reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal or User Data. Your continued use of the Platform after any changes or revisions to this Privacy Policy (which date of occurrence is displayed in the Platform) shall indicate your agreement with the terms of such amended Privacy Policy.

Access to Information

Spribo makes a concerted effort to keep your Personal or User Data accurately recorded. Through the Platform, we provide you with access to update your profile and amend Personal or User Data previously submitted to the Platform.  

Contact us

If you have questions and comments about this Terms of Service and/or Privacy Policy may contact us in:
E-Mail: privacy@spribo.com
Address: 621 NW 53rd Street, Suite 320, Boca Raton, FL 33487, USA

INTELLECTUAL PROPERTY RIGHTS

Spribo owns and retains, to the fullest extent of the Law, all rights in the Platform including but not limited, to its copyrighted material, trademarks, patented processes, trade secrets, and other proprietary information. You agree that you will not distribute, transmit, transfer, offer, copy, publish, display, modify, or sell, assign, or sublicense any portion of the Platform, Services, their code, or any proprietary information on the Spribo Platform, or any intellectual property or other proprietary right in any of the foregoing. You agree that you will not decode, decompile, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or proprietary information, or obtain unauthorized access to the Platform.

Trademarks

Spribo, the Spribo Platform, the Spribo Services and other related graphics, our logo and sub-logos, Spribo marks, and trade names used on the Spribo Platform are the trademarks of Spribo and may not be used without the prior written permission of Spribo. Other trademarks, Platform marks, and trade names that may appear on the Spribo Platform are the property of their respective owners.

Copyright Infringement by Users

As a Network Creator, you agree to promptly address any copyright owner's written notice (including any notices forwarded to you by Spribo) that specified Content provided by Users of a Social Network that you control infringes that third party's copyrights. If you do not promptly remove the Content specified in the notice, you agree that Spribo may remove the Content without any liability to you or to the User that posted such Content.

Spribo maintains and enforces a policy of terminating the accounts of Users who are repeatedly copyright infringers.

Copy

Spribo’ Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Spribo, LLC
621 NW 53rd Street, Suite 320
Boca Raton, FL 33487
USA
Attention: Alejandra Lalama

 

II.    TERMS OF USE FOR FLORIDA 2.0 INITIATIVE, INC.’S SOCIAL NETWORK

    A.    INTRODUCTION
Welcome to Florida 2.0 Initiative, Inc.’s internet site (the “site”).  Florida 2.0 Initiative (also referred to below as “we”, “us”, and “our”) is a nonprofit organization whose mission is to create and maintain a Florida centric social network.  It is our hope that this site will become a useful resource for learning more about Florida’s business, government and education environments as well as provide a forum for members of Florida’s business, technology, education, government, healthcare, environmental, legal, investment, sports and entertainment communities (referred to as “sector communities”) to share information that is of interest to them.

    B.    TERMS OF USE
You may enter this site only by accepting the terms of use that are described below.  By clicking the “I accept” button at the bottom, you are acknowledging your assent to the terms of use as set forth herein.  If after reviewing these terms of use, you do not accept all of the terms that are set forth below, simply click the “I Decline” button at the bottom to exit this screen and return to your web browser, or close this screen.
This site contains both open social network spaces (“Open Spaces”) that are available to the public at large, and closed sector specific spaces (“Sector Spaces”) that are designed for use by members of the sector communities described above and their invitees. The General Terms of Use apply to all users of this site and its Open and Sector Spaces.  In addition to the General Terms of Use, users of any of the Sector Spaces agree to abide by the Sector Space Terms of Use.

    (1)    General Terms of Use
        (A)    Registration.  You gain access to the Site through a username and password that you create.  In order to register your username and password, you warrant that you are of legal age in all jurisdictions that apply to your access and use of the site.  You agree to provide us with accurate and truthful information about yourself that we request during the registration processes (the “registration data”) and you agree to update this information whenever a change occurs. If you fail to provide truthful and accurate during the registration process or fail to promptly update such information afterward, or we suspect as much, we have the right to suspend or terminate your account and refuse you any and all current or future use of the site.  You also agree to promptly notify us by e-mailing us at [e-mail address] of any: i) unauthorized use of your username, password, other account information, ii) any other breach of security that you become aware of involving or relating to the site by any of its users, and iii) any unauthorized use of the site or its content.  To the extent that any feature on the site requires you to submit your e-mail address, mailing address or phone number in order to participate in a site discussion or utilize a site service, you agree to furnish your actual e-mail address, mailing address and phone number, as applicable.

        (B)    Our right to change terms of use, site content and restrict access.  You acknowledge that we have the right to change, augment or delete any term contained within the terms of use for the site (for both Open Spaces and Sector Spaces) at any time, and without notice, and that upon such change, augmentation or deletion, the resulting terms of use shall apply immediately upon its posting to the site. You agree it is your responsibility to review these terms of use for any changes whenever you access the site. Your use of the site following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use.  You also agree that we have the right, but not the obligation, to change, augment or delete any information or other content contained within the site, including any information or other content posted by you, in our sole discretion.  We reserve the right to screen, refuse to post, remove or edit all content at any time and for any or no reason in our absolute and sole discretion without prior notice.  You agree that we have the right, but do not have the obligation, to restrict, limit or deny access to you or any other user for any reason or for no reason.

        (C)    Your postings and submissions.  Florida 2.0 Initiative is pleased to hear from you and other visitors to the site and welcomes your comments regarding the content contained within it and your contributions so long as you adhere to the terms of use. You agree that by posting any of your ideas, information, content or other material, you are placing the same in the public domain and that we and all other users of the site may utilize such information, content or other material for our or their own personal benefit.  You also agree that if you do not possess all necessary rights in the content, material or information that would allow you to make it part of the public domain, that you will not post such information, content or material to the site. Without limiting the foregoing, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re¬distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, delete, adapt, translate, create derivative works based upon and publicly perform such postings and submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the “Posting License”).  You acknowledge that you make such disclosures at your own risk.  If you do not wish Florida 2.0 Initiative or other users of this site to make use of your ideas, information, content, or other material, you agree not to post or otherwise submit it to the site.  You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use.  Without limiting the scope of the Posting License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to postings or submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to the same. You acknowledge that anything you post or otherwise submit to the site may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the site is for public and not private communications.

        (D)    Be Cautious. When participating in communications with other users, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Information obtained in the site may not be reliable. We are not responsible for the accuracy of content posted to the site and we shall not be responsible for any decisions made or actions taken or not taken based on such information or content.

        (E)    No Obligation to Monitor.  You agree that you are and shall remain solely responsible for the information posted or submitted to the site under your username or otherwise by you and for the consequences of submitting and posting same.  You agree that we have no duty to monitor postings to the site.  If we elect to screen posted content, there may be a delay in the posting of such content to the site to allow for a review process.  If we have questions about your posting or submission including, without limitation, any copyright protection applicable to it, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.

        (F)    Intellectual property rights of Florida 2.0 Initiative.  All information and content that we post to the site are: i) our copyrighted property or the copyrighted property of our licensors, licensees, and contributors, ii) is protected by laws governing trademarks, service marks, trade names, and trade dress, or iii) is information that is otherwise protected by law.  No such information, content or material may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the information, content or materials on any single computer for your personal, noncommercial home use only, provided that you keep intact all of our copyright and other proprietary notices, and you do not use the information, content or materials in a manner that suggests that you have an association with Florida 2.0 Initiative.

        (G)    Limitations on use. You agree to access the site only for personal use. You agree not to use the site in any way that is unlawful, or harms us or any other person or entity, as we determine in our sole discretion.

        (H)    Rules of Conduct and Character of posted content.  With respect to any communications submissions or other posting of content to the site:

1.    You agree you will not submit, post, upload, distribute, or otherwise make available or transmit any communication or content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to copyright, patent, trademark, trade secret or other proprietary or contractual rights, right of privacy or publicity, or any confidentiality obligation; or (f) does not comply with all terms and conditions applicable to the Posting License set forth above. 

2.    You represent that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use, and to authorize us to use, distribute or otherwise exploit, all copyrights, trademarks, patents, trade secrets, privacy and publicity rights (including, without limitation, names, likenesses and voices) and/or other proprietary rights contained in any communication or content that you submit, post, upload, distribute or otherwise make available or transmit.

3.    You will not advertise or sell any products, services or otherwise solicit others (including, without limitation, solicitations for contributions or donations) or use the site for any commercial purposes of any kind without first obtaining the express written permission of Florida 2.0 Initiative, which may be withheld for any reason or no reason at its sole election. 

4.    You agree not to collect usernames and/or email addresses of users of the site by electronic or other means for the purpose of sending unsolicited email.

5.    You will not frame or link other sites to this site without first obtaining the express written permission of Florida 2.0 Initiative;

6.    You will not use automated scripts to collect information from or otherwise interact with the site;

7.    You will not solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

8.    You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the site or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the site;

9.    You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph;

10.    You will not engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “grieving” as those terms are commonly understood and used on the Internet;

11.    You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;

12.    You will not submit, post, upload, distribute or otherwise make available or transmit any content or make statements that do not generally pertain to the designated topic or theme of the site’s page to which you are posting;

13.    You will not submit, post, upload, distribute or otherwise make available or transmit (or attempt to submit, post, upload, distribute or otherwise attempt to make available or transmit) any content in violation of any site restrictions or terms of use; and

14.    You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity.

        (I)    No Assurances of Compliance; Assumption of the Risk. We cannot and do not assure that other users are or will be complying with the Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

        (J)    Foreign site links and listings.  You acknowledge you could be directed to other sites that are beyond our control and that there are links to other sites from pages on the site that take you outside of our service. You acknowledge that when you click on a link that leaves the Florida 2.0 Initiative site, the foreign site on which you land is not controlled by us and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right, but have no obligation, to disable links from third-party sites to the Florida 2.0 Initiative site.  We make no representations concerning the content of other sites that appear in the florida 2.0 Initiative site or that are listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to the site.

        (K)    DISCLAIMER.  THE INFORMATION, CONTENT AND MATERIALS ON THIS SITE AND ANY AFFILIATED SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THIS OR ANY AFFILIATED SITE WILL BE UNINTERRUPTED, ERROR- FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY AFFILIATED SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU ASSUME THE RISK AND AGREE TO BEAR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION ARISING FROM OR RELATED TO YOUR ACCESS OF THE FLORIDA 2.0 INITIATIVE SITE AND ALL OTHER SITES LINKED THERETO. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THIS SITE OR ANY AFFILIATED SITE, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THIS SITE OR ANY AFFILIATED SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE.

        (L)    Indemnification. You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties’) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of or relating to (i) any breach by you of these Terms of Use (ii) your user account(s) with us, or (iii) any access or use of the site or its content. You agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification.

        (M)    LIMITATION OF LIABILITY.  YOU AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, OUR OWN ACTS OF NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SITE OR CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY ON THE SITE.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, OUR LICENSORS, LICENSEES, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE SITE AND ANY FOREIGN SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE SITE IN AN ACCURATE OR TIMELY MANNER. 

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY FLORIDA 2.0 INITIATIVE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. 
YOU AGREE THAT YOU WILL NOT AGGREGATE YOUR CLAIM OR JOIN YOUR CLAIM WITH OTHERS TO FORM A CLASS ACTION.

YOU AGREE THAT IN THE EVENT THAT YOU FILE SUIT, THE CASE WILL BE DECIDED BY A JUDGE SITTING WITHOUT A JURY AND YOU ARE HEREBY WAIVING ANY RIGHT TO TRIAL BY JURY.
THE LIMITATIONS, EXCLUSIONS, WAIVERS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

        (N)    Jurisdiction, venue and choice of law. You agree that any action at law or in equity arising out of or relating to these terms of use shall be filed, and that venue properly lies, only in the state or federal courts located in Leon County, Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  These terms of use shall be governed by and construed in accordance with the laws of the State of Florida and the laws of the United States, without giving effect to any principles of conflicts of law.

        (O)    Severability; waiver.  If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision.

        (P)    Providing Notice.  You may notify us of violations of the terms of use by other users of the site.  Any notification to Florida 2.0 Initiative must be sent via facsimile and registered mail (return receipt requested) to:

FL2i
621 NW 53rd Street, Suite 320
Boca Raton, FL 33487
USA
Fax: (561) 893-9007

Notice regarding a claim of infringement must be a written communication that includes the following: (i) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  We may give notice to our users by means of a general notice on the site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records.

    (2)    Sector Space Terms of Use
The site contains separate Sector Spaces developed by contributions by members of Florida’s business, technology, education, government, healthcare, environmental, legal, investment, sports and entertainment communities. Each Sector Space is designed to facilitate collaboration among colleagues within the Sector Space community by affording a more private forum than the social network’s open spaces.  Whenever you access any Sector Space, you agreed to be bound by and abide by not only by the General Terms of Use, but also by these Sector Space Terms of Use.

        (A)    Registration with a Sector Space Advisory Group.  If you wish to access any of the Sector Spaces of the site, you will be required to register your username and password with the advisory group for that particular Sector Space and provide such other accurate and truthful information as the advisory group for that Sector Space requires.  You agree to promptly update any outdated information that is on file with a Sector Space. 

        (B)    Intellectual property rights of Sector Space postings.  As in the Open Spaces, all information and content that you or others post to a Sector Space is presumed unprotected, part of the public domain, and available for unfettered re-use by others unless such information has been designated as protected with a suitable symbol such as “©”,  “®” or “™”symbols.  Without such designation, you agree that by posting any of your ideas, information, content or other material, you are placing the same in the public domain and that we and all other users of the site may utilize such information, content or other material for our or their own personal benefit.  You also agree that if you do not possess all necessary rights in the content, material or information that would allow you to make it part of the public domain, that you will not post such information, content or material to the site or that before posting you will obtain all necessary rights from the author to post, acknowledge the source or authorship, and designate the posting with the suitable protection symbol or designation.  If you post information to a Sector Space and designate its protection with a suitable symbol, you acknowledge that you are warranting to others that they have permission from the source or author to download such information once for their own personal and non-commercial use.  You further acknowledge that you make such disclosures at your own risk and you agree to indemnify, defend and hold harmless Florida 2.0 Initiative and any of its users who view or download the posting from all claims, liability and costs (including attorneys fees) arising from or relating to the posting.

        (C)    Limitations on use. You agree to only access any Sector Space for your own personal non-commercial use. You also agree that any information designated as protected by others is to be treated as: i) the copyrighted property of the contributor, ii) protected by laws governing trademarks, service marks, trade names, and trade dress, or iii) as information that is otherwise protected by law.  If any information posted within a Sector Space is so designated, you agree not to reproduce, republish, upload, post, transmit or distribute in any way, such information except to download such information once for your own personal and noncommercial use, provided that you also keep intact all of the copyright, trademark and other proprietary notices, and make no modifications to the information, content or materials.  To foster to contributions of others to the Sector Space, you agree not to share to the postings of other to the Sector Space for any other purpose without first obtaining such member’s permission.

        (D)    Limitation on Expression as Spokesperson. To facilitate the free exchange of opinions among professionals that are themselves employed by institutions, organizations, or governmental entities, you agree not to represent that your opinions are those of the entity by whom you are employed or affiliated unless you have fist been authorized by such institution organization or governmental entity you to act as its spokesperson.  Without limiting the foregoing, when posting to a Sector Space you agree not to display your affiliation with any such entity or organization, by way of title, logo, or emblem without first obtaining permission from such organization to do so.