Terms of Service

MOZILLA WEAVE TERMS OF SERVICE
Mozilla Labs Experimental Prototype

June 2008

Your use of Mozilla Weave products, software, services and Web services (collectively the "Weave Services") is subject to the terms of service described in this document which represents an agreement between you and Mozilla Corporation ("Mozilla"). The Weave Services exclude any services or software provided to you by Mozilla under a separate written agreement. These terms of service, referred to as the "Terms" in this document, are legally binding. It is important you take the time to read it carefully.

Given the collaborative, open-source nature of Mozilla, a source code version of certain Weave add-on functionality is available. If you use the source code, run the Weave add-on on your own server and do not utilize the Weave Services, these Terms do not apply or govern the use of the source code Mozilla makes publicly available under the Mozilla Public License and other open source software licenses.

1. Consent to the Terms.

1.1 In order to use the Weave Services, you must first agree to the Terms. You may not use the Weave Services if you do not accept the Terms. You may accept the Terms by: (a) clicking to accept or agree to the Terms where this option is made available; or (b) by actually using the Weave Services. If you do not agree with the Terms, do not use the Weave Services.

1.2 You may not use the Weave Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Mozilla, or (b) you are a person barred from receiving the Weave Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Weave Services.

2. Use of the Weave Services. You agree to comply with the following rules and restrictions set forth in subsections 2.1 through 2.8:

2.1. The information you provide about yourself to Mozilla, during the registration process, will be accurate, correct, and current and you will promptly update your account if any of that information changes.

2.2 You will use the Weave Services only for purposes that are permitted by (i) the Terms and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries); and (iii) you have all rights and power necessary to comply with these Terms.

2.3 You will not access (or attempt to access) any of the Weave Services by any means other than through the Mozilla Firefox browsers distributed by or authorized by Mozilla, the Weave Add-on, or other API that is authorized and provided by Mozilla, unless you have been specifically allowed to do so in writing by Mozilla. You specifically agree not to access (or attempt to access) any of the Weave Services through any automated means (including use of scripts or web crawlers).

2.4 You will not engage in any activity that interferes with or disrupts the Weave Services (or the servers and networks that are connected to the Weave Services).

2.5. You will not trade or resell the Weave Services for any purpose, unless you have been specifically permitted to do so in writing by Mozilla.

2.6 You are solely responsible for (i) any breach of your obligations under the Terms; (ii) any User Content that you create, transmit or display while using the Weave Services; and (iii) for the consequences of your actions (including any loss or damage which Mozilla may suffer) of any such breach of the Terms.

2.7 You acknowledge that User Content (as defined below) may be sent outside your country of residence. "User Content" means digital content provided by you that is stored on, manipulated and/or transmitted to or from Mozilla's servers by means of your use of the Service (including but not limited to bookmarks, preferences, passwords).

2.8 You will have only one Weave Services account. You will only access your account and the User Content that you have been authorized to access through the Weave Services.

3. User Content

3.1 As between you and Mozilla, you own and retain any rights you already hold in User Content that you submit, post or display on or through the Weave Services. By submitting, posting or displaying the content you give Mozilla a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to store, transmit, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute User Content for the sole purpose of providing the Weave Services to you.

3.2. Mozilla may rely on third party agents or its corporate affiliates to provide the Weave Services, which shall at all times be subject to the Mozilla Weave Privacy Policy. You agree that this license includes a right for Mozilla to make such User Content available to other companies, organizations or individuals with whom Mozilla has relationships for the provision of the Weave Services, and to use such User Content in connection with the provision of those services.

3.3 You understand and agree that Mozilla, in performing the required technical steps to provide the Weave Services, may (i) transmit or distribute your User Content over various public networks and in various media; and (ii) make such changes to User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media.

3.4 There are many opportunities within the Weave Services for you to actively participate. In the process of doing so, you may provide certain comments, suggestions, data, or other information to Mozilla (collectively "Information"). Mozilla shall have the right to retain and use any such Information in current or future products or services.

3.5 You confirm and warrant to Mozilla that you have all the rights, power and authority necessary to grant the above licenses.

4. Privacy and Your Personal Information. For information about Mozilla's data protection practices, please read Mozilla Weave Privacy Policy at http://labs.mozilla.com/projects/weave/privacy.html. This policy explains in detail how Mozilla treats your personal information, and protects your privacy, when you use the Weave Services.

5. Management of the Weave Services.

5.1 In Mozilla's sole discretion and without limitation, notice or liability, Mozilla reserves the right but does not have the obligation to: (i) take appropriate legal action against anyone who violates these Terms, including without limitation, reporting you to law enforcement authorities; (ii) delete any User Content or any portion thereof that may violate these Terms or any Mozilla policy; (iii) remove from the Weave Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to Mozilla's systems; (iv) terminate repeat infringers' use of the Weave Services; and (v) manage the Weave Services in a manner designed to protect the rights and property of Mozilla and others and to facilitate the proper functioning of the Weave Services.

5.2 Mozilla may in its sole discretion change, modify, suspend, make improvements to, or discontinue any aspect of the Weave Services (in whole or in part) temporarily or permanently, at any time and without notice to you. Mozilla is not liable for any such change, modification, suspension, improvement or discontinuance.

6. Proprietary Rights.

6.1 Mozilla grants you a royalty-free, personal, non-exclusive, non-assignable, non-transferrable right to use the Weave Services subject to the Terms. This license may be revoked at any time by Mozilla as set forth in Sections 5.1 and 5.2. You acknowledge and agree that Mozilla (or Mozilla's licensors) own all legal right, title and interest in and to the Weave Services, including any intellectual property rights which subsist in the Weave Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

6.2 Unless you have agreed otherwise in writing with Mozilla, nothing in the Terms gives you a right to use any of Mozilla's copyrights, trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

6.3 You agree that in using the Weave Services, you will not use any copyright, trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

6.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Weave Services.

7. User Representations. You hereby represent and warrant that:

7.1. The distribution, transmission, storage, public display, performance, accessing, downloading and copying of the User Content does not infringe the rights of any third party;

7.2 The User Content does not and will not contain any viruses, worms, trojan horses, malicious code or other harmful or destructive content;

7.3 The User Content does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

7.4 The User Content does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Mozilla's or others computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;

7.5 The User Content does not inundate the Weave Services with communications or other traffic suggesting no serious intent to use the Weave Services for its stated purpose; and

7.6 The User Content does not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation.

8. Termination. The Terms will continue to apply until terminated by either you or Mozilla. . Without limiting any other provision of these terms, Mozilla reserves the right to, in Mozilla's sole discretion and without notice or liability, deny access to and use of the Weave Services to any person, including without limitation for breach of any representation, warranty or covenant contained in these terms, or of any applicable law or regulation. Upon termination, Mozilla has no obligation to keep or store User Content. The defined terms and the provisions of Sections 3, 5, 6, 7, 8, 9, 10, 11, 12, 14 and 17 shall survive expiration or termination of the Terms.

9. No Warranty.

9.1 Mozilla does not represent that the Weave Services are reliable, accurate, complete, or otherwise valid. ACCORDINGLY, THE SERVICES IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK.

9.2 Mozilla, its parent, subsidiaries and affiliates and its licensors EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICES OR ITS CONTENT, INCLUDING any implied warranty of merchantability, fitness for a particular purpose or non-infringement, your use of the Weave Services will be uninterrupted, timely, secure or free from error. Some states do not allow the exclusion of warranty, so only the limitations that are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

9.3 Any material downloaded, transferred or otherwise obtained through the use of the Service and use of the Service itself is DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA that results from the use of the Service.

9.4 No advice or information, whether oral or written, obtained by you from Mozilla or through or from the Weave Services shall create any warranty not expressly stated in the Terms.

10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL MOZILLA BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES INCURRED BY YOU HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Weave Services, or other intangible loss, your failure to keep your password or account details secure and confidential, any changes which Mozilla may make to the Weave Services, for any permanent or temporary cessation in the provision of the Weave Services (or any features within the Weave Services), or the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Weave Services; whether or not Mozilla has been advised of the possibility of such damages. UNDER NO CIRCUMSTANCES SHALL MOZILLA BE LIABLE TO YOU FOR ANY AMOUNT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so only the limitations that are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

11. Indemnity. You agree to indemnify and hold Mozilla, its parent, its subsidiaries, and affiliates, and their respective directors, officers, agents, partners, contributors, consultants, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (i) the User Content; (ii) your use of the Weave Services; or (iii) breach of the Terms.

12. Disputes. All disputes arising out of or relating to these Terms (including its formation, performance, or alleged breach) or your access to or use of the Weave Services will be exclusively resolved under confidential binding arbitration held in Santa Clara County, California before and in accordance with the rules of JAMS. Notwithstanding the foregoing, Mozilla will have the right to seek injunctive relief to enforce these Terms or to stop or prevent an infringement of proprietary or other third party rights. In the event of litigation or to compel arbitration or to enforce an arbitration award under this section, or to obtain an injunction under this section, the parties hereby irrevocably consent and submit to the personal jurisdiction and venue of the state and federal courts located in Santa Clara County, California. These Terms will be interpreted exclusively by California law.

13. No Assignment. You shall not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Mozilla's prior written consent. Any such purported assignment or delegation by you without Mozilla's prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by Mozilla at its sole and absolute discretion.

14. Other. These Terms constitutes the entire Terms between you and Mozilla regarding the use of the Weave Services. The failure of Mozilla to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

15. Updates to the Terms. Mozilla reserves the right to change the Terms at any time, which modification shall be effective immediately upon posting to the Weave Services. Your continued use of the Weave Services after the effective date of such changes constitutes your acceptance of and Terms to such changes. To make your review more convenient, we will post an effective date at the top of this page and provide notice to you of any material changes to the Terms.

16. Other content. The Weave Services may include hyperlinks to other web sites or content or resources. Mozilla may have no control over any web sites or resources which are provided by companies or persons other than Mozilla. You acknowledge and agree that Mozilla is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

17. Language of the Terms. Where Mozilla has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Mozilla. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

18. Third Party Weave Services or Software. Sometimes when you use the Weave Services, you may (as a result of, or through your use of the Weave Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

19. Third Party Beneficiaries. You acknowledge and agree that each member of the group of companies of which Mozilla is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.