|
Terms & Conditions
rollSense is owned and operated by 2or3things. By using rollSense on your Site you, the Site(s) owner, accept and agree to be bound by the following Terms & Conditions. 2or3things has signed an agreement with Overture (Yahoo! Search Marketing) for serving Sponsored Links with rollSense. 0. Definitions. "You" shall refer to the person or the organisation owning, operating or being the publisher of the Site(s) on which the rollSense widget(s) will be installed. "Site" shall mean the Web site or sites on which you place the rollSense code, which renders the widget allowing for receiving personalized recommendations. "End User(s)" shall mean any person, excluding You, accessing the Site(s) and clicking on any links provided by rollSense, whether it is Sponsored Links or content recommendations links. "Content" shall mean any editorial, text data, graphic, or media file that is drawn from one or more RSS feeds. "rollSense code" shall mean HTML, JavaScript, or similar programming code which renders the widget. "rollSense widget" shall mean any 2or3things hosted or controlled web page frame that contains and displays personalized Recommendations and Sponsored Links, or other 2or3things-provided content descriptions to an user. "Advertiser" shall mean a third party that signed a contract with Overture to have its web site listed in the Overture results when specific keywords considered as relevant by Overture to describe that third party's web site are found. The third party has accepted the Overture Terms and Conditions and has agreed to pay for each valid click on an Overture result. "Sponsored Links" shall mean hypertext sponsored links from Overture diplayed in the rollSense widget each and every time the web page containing the rollSense widget is loaded. By clicking on such links, End User(s) shall be routed to an Advertiser's web site. 1. Services. 1.1 Description of Service. rollSense is a service for blog publishers to provide their readers with content related to what they read on the blog. The related content is drawn from a set of RSS sources the blog publishers select. rollSense utilizes a recommendation engine developed by 2or3things. rollSense comes as an HTML and javascript piece of code to embed into blog pages. rollSense code renders the rollSense widget. rollSense widget is fully customizable to match any blog look and feel. Each time a blog post is accessed by a reader, 2or3things will receive inputs via the recommendations engine, process the inputs and display personalized recommendations in the rollSense widget. 1.2 Advertising. Along with content recommendations, rollSense also delivers contextualized Sponsored Links. Such Sponsored Links are displayed on rollSense widgets installed on Site(s) that have to be approved (refer below). You can earn money from Sponsored Links every time End Users click on them. You'll then receive a portion of the amount paid by the Advertiser. 1.3 Paying plans. 2or3things shall have the right to propose paying plans in return for the service provided. Such plans may be proposed after a trial period. 1.4 Attribution. All rollSense widget shall conspicuously display graphics indicating that the service is provided by rollSense from 2or3things and the Sponsored Links are provided by Overture (Yahoo!). The graphics shall link to the rollSense site located at http://www.rollSense.com and to the Overture site at http://searchmarketing.yahoo.com/ or such other address as 2or3things may designate from time to time during the Term. 1.5 Modification of Services. Unless explicitly stated otherwise, the service may be modified or terminated at any time by 2or3things for any reason, and without notice, without liability to you, any End User, or any third party. Any new features that enhance the current service shall be subject to the Terms & Conditions. 1.6 Modifications of Terms. 2or3things may modify these Terms & Conditions at any time with or without notice, and you can review the most current version of the Terms & Conditions online at any time at http://www.rollsense.com/ terms. If a modification is unacceptable to you, you may cancel the service on your site and terminate the Terms & Conditions by removing the rollSense code from the site. If you continue to use the code on a site, you will be deemed to have accepted the modifications. 1.7 Non-Exclusivity. You understand that 2or3things will provide the service on a non-exclusive basis, and that 2or3things will continue to customize and provide its services to other parties for use in connection with a variety of applications. 2. Policies. 2.1 Responsibilities. You acknowledge and agree that content recommendations and Sponsored Links provided by the rollSense widget shall only be displayed in connection with the Site(s), each of which is subject to review and approval by 2or3things in its discretion at any time. You are solely responsible for the Site(s), including all content and materials, maintenance and operation thereof, the proper implementation of the rollSense widget, and adherence to the Terms & Conditions herein-described. 2or3things reserves the right to investigate, at its own discretion, any activity that may violate these Terms & Conditions. 2or3things is not responsible for anything related to your Site(s), including without limitation the receipt of queries from End Users of your Site(s) or the transmission of data between your Site(s) and 2or3things via rollSense. 2.2 Site content. In general, site(s) willing to display rollSense widget with or without Sponsored Links may not include: -Violent or pornographic content, racial intolerance, or advocacy against any individual, group, or organization -Hacking/cracking content -Illicit drugs and drug paraphernalia -Excessive profanity -Sales or promotion of weapons or ammunition (e.g., firearms, fighting knives, stun guns) -Sales or promotion of tobacco or tobacco-related products -Sales or promotion of prescription drugs -Sales or promotion of products that are replicas or imitations of designer goods -Gambling or casino-related content -Content regarding programs which compensate users for clicking on ads or offers, performing searches, surfing websites, or reading emails -Excessive, repetitive, or irrelevant keywords in the content or code of web pages -Any other content that is illegal, promotes illegal activity, or infringes on the legal rights of others 2.3 Sponsored Links. 2.3.0 Program. You may apply to the Sponsored Links program, whereby, pending approval, rollSense widget shall display Sponsored Links. Such Sponsored Links shall entitle You to earn money. However, in order to benefit from the program, You and Your Site(s) must comply with the policies outlined in section 2.2.1 to 2.2.3. In general You must adhere to these Terms & Conditions. 2.3.1 Invalid clicks. Clicks on Sponsored Links must result from genuine End User interest. Any method that artificially generates clicks on the Sponsored Links is strictly prohibited. These prohibited methods include but are not limited to repeated manual clicks, using robots, automated click and impression generating tools, third-party services that generate clicks or impressions such as paid-to-click, paid-to-surf, autosurf, and click-exchange programs, or any deceptive software. Please note that clicking on your own Sponsored Links for any reason is prohibited. Failure to comply with this policy may lead to your account being disabled. 2.3.2 Encouraging clicks. In order to ensure a good experience for End Users and Advertisers, You may not request that End User click the Sponsored Links on your Sites or rely on deceptive implementation methods to obtain clicks. 2.3.3 Site approval. Prior to displaying Sponsored Links in the rollSense widget, your Site(s) content will have to be approved by Overture (Yahoo! Search Marketing). 2.3.4 Rejection of Application. 2or3things shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render null and void the Terms & Conditions between you and 2or3things. 2or3things shall not be liable to you for damages of any sort resulting from its decision to reject such a request. 3. Proprietary Rights. You acknowledge that 2or3things owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Service (including Code, 2or3things's recommendation engine and 2or3things's Marks, and excluding items licensed by 2or3things from third parties), and that you shall not acquire any right, title, or interest in or to the Recommendations Service (including Recommendations Code, 2or3things Recommendations Engine, and 2or3things Marks), except as expressly set forth in the Terms & Conditions. 4. Privacy Policy. 4.1 Site Registration Information. You understand and agree that 2or3things may access, preserve, and disclose registration information regarding the site and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of 2or3things, its affiliates or the public and that such information may contain personal information. Registration information collected by 2or3things may be stored and processed in any country in which 2or3things or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country. 4.2 End User Information. The Service may make use of cookies as a way to identify End Users and associate them with their Preferences. The Service does not accept or make use of any personally identifiable information such as names or addresses. Although you may gather such information as part of your registration process, 2or3things specifically disclaims any association of personally identifiable information with preference information. Attempts by you or third parties under your direction or control to associate personally identifiable information with Preference information without the explicit permission of End Users is prohibited. 5. Disclaimer of Warranties. 2or3things MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE RECOMMENDATIONS Service AND 2or3things MARKS. THE Service AND 2or3things MARKS ARE DISTRIBUTED AND PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. 2or3things DOES NOT WARRANT THAT THE Service AND 2or3things MARKS WILL MEET YOUR REQUIREMENTS OR THAT PERFORMANCE OF THE Service WILL BE UNINTERRUPTED OR ERROR-FREE INCLUDING ANY ERRORS OR OMISSIONS IN THE RECOMMENDATIONS OBTAINED THROUGH USE OF THE Service. 2or3things MAKES NO WARRANTY THAT THE Service WILL INCLUDE ALL RELEVANT CONTENT ITEMS. 6. Term and Termination. 6.1 Term. The term of the Terms & Conditions (the "Term") shall commence on the date upon which you add the code to your site and shall continue in force thereafter, unless terminated as provided herein. 6.2 Termination. 2or3things may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may terminate your use of the Service at any time. In addition, either party may terminate the Terms & Conditions at any time, for any reason, or for no reason including, but not limited to, if you engage in any action that reflects poorly on 2or3things or otherwise disparages or devalues the 2or3things Brand Marks or 2or3things reputation or goodwill. If you desire to terminate the Terms & Conditions, you must remove the Recommendations Code and the Recommendations Widget from your Site. 7. Governing Law and Venue. The Terms & Conditions will be governed by and construed in accordance with the Laws of France. |
