Terms of Submission

This Terms of Submission of Spinlets.com has been posted and is effective as of April 30, 2007.

By submitting a Spinlet (the "Software Submission") to the Spinlet Gallery, you agree to these Terms of Submission (the "Terms of Submission"), and the Terms of Service ("TOS") located at http://developer.spinlets.com/TermsOfService. If you disagree with any of the terms below or the TOS, please click the "Decline" button below to exit the Spinlet submission process.

UrSpin reserves the right to update and change the Terms of Submission from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

1. LICENSES AND RESTRICTIONS.
   1. You hereby grant to UrSpin and its affiliates a non-exclusive, worldwide, fully paid up, royalty free right and license to store, archive, distribute, transmit, publicly display, and publicly perform the Software Submission via the Internet. You may terminate this license at any time by removing the Software Submission from the Spinlet Gallery. These Terms of Submission will terminate automatically if (i) you violate any term of these Terms of Submission, (ii) UrSpin publicly posts a written notice of termination, (iii) UrSpin sends a written notice of termination to you, or (iv) UrSpin ceases to make the Software Submission available for downloading.
   2. UrSpin does not grant you any right or license to use any graphic logos owned by UrSpin.
   3. YOU SHALL NOT:
      1. submit any Software Submission that constitutes, promotes, or is used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia), goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;
      2. submit any Software Submission that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with the TOS or these Terms of Submission.
      3. submit any Software Submission intended for use in the operation of nuclear facilities, life support, or other mission critical applications where human life or property may be at stake. You understand that Software Submissions shall not be designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which UrSpin is not responsible; or
      4. submit any Software Submission intended to derive income, whether for direct commercial or monetary gain or otherwise, without UrSpin's prior, express, written permission.
2. PRIVACY
The Terms of Submission and your use of the Spinlets API are governed by the Privacy Policy located at http://developer.spinlets.com/PrivacyPolicy.
3. DISCLAIMER OF ANY WARRANTY
YOUR SUBMISSION OF ANY SOFTWARE SUBMISSION TO URSPIN IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM ANY SOFTWARE SUBMISSIONS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA. THE SPINLET GALLERY AND ALL RELATED PLATFORMS AND PROCESSES FOR UPLOADING, HOSTING, AND DISTRIBUTING YOUR SOFTWARE SUBMISSION ARE MADE AVAILABLE TO YOU "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND URSPIN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
4. LIMITATION OF LIABILITY.
URSPIN SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR SOFTWARE SUBMISSION, THE SPINLET GALLERY OR ANY RELATED PLATFORMS OR PROCESSES FOR UPLOADING, HOSTING, AND DISTRIBUTING YOUR SOFTWARE SUBMISSION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT URSPIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL URSPIN BE LIABLE TO YOU FOR ANY AMOUNT.
5. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 3 AND 4 MAY NOT APPLY TO YOU.
6. RELEASE AND WAIVER
To the maximum extent permitted by applicable law, you hereby release and waive all claims against UrSpin, its employees, agents and representatives from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your Software Submission, the Spinlet Gallery, or any related platforms or processes for uploading, hosting, and distributing your Software Submission. If you are a California resident, you waive your rights under California Civil Code Section 1542, which states, "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." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
7. INDEMNIFICATION.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify UrSpin and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your Software Submission, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. UrSpin shall use good faith efforts to provide you with written notice of such claim, suit or action.
8. GENERAL TERMS
   1. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Submission, you and UrSpin shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of UrSpin, express or implied, and you shall not attempt to bind UrSpin to any contract.
   2. Invalidity of Specific Terms. If any provision of the Terms of Submission is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
   3. Governing Law; Jurisdiction and Venue. The Terms of Submission and the relationship between you and UrSpin shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and UrSpin agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California.
   4. No Waiver of Rights by UrSpin. UrSpin's failure to exercise or enforce any right or provision of the Terms of Submission shall not constitute a waiver of such right or provision.
   5. Miscellaneous. The Terms of Submission constitute the entire agreement between UrSpin and you with respect to the subject matter hereof and supersedes any and all other prior written or oral agreements between them. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Submission. Any construction or interpretation to be made of the Terms of Submission shall not be construed against the common law rule of construction against the drafter.