Ning Applications Terms of Use

These Ning Applications Terms of Use (“Applications Terms”) apply to your installation and use of Applications on any Social Network of which you are a Network Member on the Ning Platform as well as your use of Ning Applications on third party web sites. Your use of the Applications is governed by the Ning Terms of Service (including, without limitation, all restrictions on User conduct, disclaimers, limitations of liability and governing law contained therein) as well as these additional Applications Terms and the Ning Third Party Applications Policy. Any capitalized terms not defined herein have the meaning set forth in the Ning Terms of Service. To the extent these Applications Terms directly contradict the Ning Terms of Service, these Applications Terms shall control.

“Applications” include Third Party Applications or Non-Ning Code developed or operated by Third Party Application Developers that a Network Member or Network Creator can add to a Social Network as well as Ning (“Applications”) that a Network Member or Network Creator can add to a Social Network or a third party web site. Third Party Applications can be added by a Network Member to their My Page or a Network Creator to their Main Page via a text box or field that enables some HTML. Additionally, if you are a Network Creator you may also add Non-Ning Code as a script directly to Your Code.

NING DOES NOT GIVE THIRD PARTY APPLICATION DEVELOPERS ACCESS TO YOUR EMAIL ADDRESS OR DATE OF BIRTH. HOWEVER, IF YOU ADD AN APPLICATION, YOU AGREE THAT CERTAIN INFORMATION SET FORTH BELOW ABOUT YOUR ACCOUNT WILL BE SHARED WITH THE THIRD PARTY APPLICATION DEVELOPERS OR OPERATORS OF SUCH APPLICATION. IF YOU ARE UNCOMFORTABLE WITH THIS, PLEASE DO NOT ADD THE APPLICATION.

I. Consent Regarding Information Sharing through Applications.

• Information That Will Be Provided to Third Party Application Developers of Third-Party Applications. In order to allow you to use and participate in Third Party Applications, Ning will provide Third Party Application Developers of Third Party Applications access (via an API call to the Ning Platform) to the following information (collectively, the “Ning Platform Information”):
  • your profile name and profile picture as provided by you in your profile on the My Page section of the Social Network in which you add the Third Party Application;
  • the profile names and profile pictures of your friends that are listed on your My Page section of the Social Network in which you add the Third Party Application;
  • your Latest Activity feed on your My Page; and
  • aggregated information about which profile and canvas pages you visit on the Ning Platform that contain the same Third Party Application.
• Information That Third Party Application Developers of Third Party Applications May Access. Additionally, Third Party Application Developers of Third Party Applications may access the following information (collectively, the “Ning Public Platform Information”):
  • Any information provided by you on the Ning Platform in Content submitted by you in publicly available portions of the Ning Platform, including answers to any profile questions, photos or music that you upload, comments posted, and any text in your blog or forum posts.

• Information That Third Party Application Developers of Non-Ning Code May Access. If you are a Network Creator and are adding Non-Ning Code, Ning is not directly providing any Ning Platform Information or any other personally identifiable information directly to such Third Party Application Developer, nor is the Third Party Application Developer obtaining this information via an API call to the Ning Platform. You should be aware however, that by allowing a Third Party Application Developer of Non-Ning Code to add such Non-Ning Code directly to the script of Your Code, that you may have granted such Third Party Application Developer access to following information (collectively, the “Non-Ning Code Information”):
  • Your profile name, profile picture, gender, email address, your hometown location (city/state/country), your date of birth, your age (extrapolated from your date of birth), your Latest Activity Stream on your My Page;
  • the profile names and profile pictures of your friends that are listed on your My Page section of the Social Network in which you add the Non-Ning Code; and
  • any information provided by you on the Ning Platform in Content submitted by you in publicly and non-publicly available portions of the Ning Platform, including answers to any profile questions, photos or music that you upload, comments posted, and any text in your blog or forum posts.

• Third Party Application Developer Agreementi. Before granting access to a Third Party Application to interface with the Ning Platform, Ning requires each Third Party Application Developer to enter into an agreement (a “Third Party Application Developer Agreement”), which, among other things, limits their collection, use, and storage of any data obtained from Members. Our standard Third Party Application Developer Agreement consists of the Ning Application Developer Terms of Service and the related Ning Developer Guidelines. We may from time to time enter into separate agreements with certain Third Party Application Developers that contain different or additional terms, provided however, that each such separate agreement will require the Third Party Application Developer to observe standards of privacy and confidentiality in connection with the use and disclosure of Member data that are no less stringent than the standards set forth in the Ning Privacy Policy. The standard Third Party Application Developer Agreement is subject to change without prior notice at any time, in Ning’s sole discretion, so you should review these terms from time to time. However, Ning cannot guarantee that each Third Party Application Developer will comply with its contractual requirements, and Ning does not assume any liability or responsibility for any of Third Party Application Developer’s actions, Third Party Applications or Non-Ning Code, websites, or for enforcing any Third Party Application Developer Agreement against any Third Party Application Developer.

• Ning Applications. Ning Applications may also make use of Ning Platform Information or Ning Public Platform Information. Additionally, Ning may be provided with certain information about you (via an API call) from third party web sites using any Ning Applications on their sites (“Third Party Information”). Ning will use and disclose Ning Platform Information, Ning Public Platform Information or Third Party Information in connection with Ning Applications in accordance with the Ning Privacy Policy.

II. Use of Applications.

• Right to Remove Applications. You acknowledge that Ning and its designees reserve the right to remove any Application on any Network or the Ning Platform or on any third party web site in whole or in part at any time for any reason or no reason with or without notice to you and with no liability of any kind.

• Third Party Applications and Non-Ning Code. When you install Third Party Applications or Non-Ning Code to Your Network or My Page, you understand that such Third Party Applications or Non-Ning Code has not been approved, endorsed, or reviewed in any manner by Ning, and Ning is not responsible for your use of or inability to use any Third Party Applications or Non-Ning Code, including without limitation the content, accuracy, performance, or reliability of such Third Party Applications or Non-Ning Code and the privacy practices or other policies of the Third Party Application Developer. Third Party Application Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using Third Party Applications and Non-Ning Code. If so, you are entering into an entirely separate agreement independent of Ning. Those terms and/or policies may give Third Party Application Developers rights with respect to your Ning Platform Information, Ning Public Platform Information or Non-Ning Code Information beyond those provided by the Third Party Application Developer Agreement. Ning is not responsible for the promises, commitments or financial obligations made by any Third Party Application Developer. Additionally, Ning is not responsible for financial transactions you enter into with Third Party Application Developers for Third Party Applications or Non-Ning Code. PLEASE REVIEW EACH THIRD PARTY APPLICATION DEVELOPER’S TERMS AND/OR POLICIES CAREFULLY BEFORE USING THIRD PARTY APPLICATIONS AND NON-NING CODE.

• Ning Applications. Ning Applications are made available to you for your personal, non-commercial use only. If you want to sell, license or otherwise distribute any Ning Application, reproduce or modify any Ning Application, or use any Ning Application for any commercial purpose, you must obtain Ning’s prior written consent.

• You acknowledge that Third Party Application Developers or Ning, as applicable, or their licensors own all right, title and interest in and to any and all Applications, portions thereof, and/or content or software provided through or in conjunction with any Applications, including without limitation any and all patent, copyright, trademark, trade secret and other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree to not remove, obscure, or alter Ning’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through any Applications. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Applications.

• You acknowledge that if Third Party Applications and Non-Ning Code are malicious, they can negatively affect Your Network or gain inappropriate access to Your Content, Network Member Data, Ning Member Data and Your Code on Your Network. Ning strongly recommends that you use caution when adding Third Party Applications or Non-Ning Code to Your Network. You acknowledge that Ning is not responsible for:
  • Ensuring the security of Your Network when you add Third Party Applications and Non-Ning Code.
  • Ensuring that Your Network is functional when you had Third Party Applications or Non-Ning Code on Your Network.
  • Restoring the functionality of or replacing Third Party Applications or Non-Ning Code on Your Network if such Third Party Applications or Social Networks with Non-Ning Code are no longer available on the Ning Platform.
  • Restoring any lost Content or compromised Network Member Data when Third Party Applications or Social Networks with Non-Ning Code are no longer available on the Ning Platform.

  Providing additional support, financial compensation, or mediating any issue that arises between you and Third Party Application Developers. Your interactions with Third Party Application Developers, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations with such dealings, are solely between you and the Third Party Application Developer. If there is a dispute between you and any Third Party Application Developer, Ning is under no obligation to become involved.

III. DISCLAIMER OF WARRANTIES.

YOUR USE OF THE APPLICATIONS ARE AT YOUR SOLE RESPONSIBILITY AND RISK. ALL APPLICATIONS ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. NING EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT. NING FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS, AVAILABILITY AND/OR PERFORMANCE OF ANY APPLICATIONS OR THAT APPLICATIONS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD, INSTALL AND/OR USE OF ANY APPLICATIONS IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, INCLUDING CONTENT AND NETWORK MEMBER DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION OR USE OF ANY APPLICATIONS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

IV. RELEASE.

YOU HEREBY IRREVOCABLY RELEASE AND AGREE TO HOLD HARMLESS NING AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL CLAIMS, COSTS, LOSSES, LIABILITIES AND DAMAGES OF ANY SORT (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHERWISE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED)), CONTRACT, WARRANTY, STRICT LIABILITY, RELIANCE OR UNDER ANY OTHER THEORY, AND WHETHER OR NOT NING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATED TO: (A) YOUR DOWNLOAD, INSTALLATION OR USE OF ANY APPLICATIONS, (B) ANY DISPUTES BETWEEN YOU AND THIRD PARTY APPLICATION DEVELOPERS (C) DELIVERY OF ANY NING PLATFORM INFORMATION OR NING PUBLIC INFORMATION BY NING OR ACCESS TO ANY NON-NING CODE INFORMATON BY YOU TO ANYTHIRD PARTY APPLICATION DEVELOPER; OR (D) ANY USE BY ANY THIRD PARTY APPLICATION DEVELOPER OF ANY NING PLATFORM INFORMATION NING PUBLIC PLATFORM INFORMATION OR NON-NING CODE INFORMATION, WHETHER OR NOT SUCH USE IS IN ACCORDANCE WITH THE THIRD PARTY APPLICATION DEVELOPER AGREEMENT. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

V. Modifications.

Ning may amend, modify, change, add or remove portions of these Application Terms at any time without notice to you by posting a revised version on www.ning.com or elsewhere on the Ning Platform The revised version will be effective at the time we post it. Please check these Application Terms periodically for changes. Your continued use of the Applications after posting of the changes constitutes your binding acceptance of such changes. We last modified these Application Terms on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User (including a Ning Member, Network Member or Network Creator) on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to www.ning.com or elsewhere on the Ning Platform. The revised version will apply to you immediately if you are a User who registers or first uses the Application on or after the posting of the revised version.