Terms of Service

Date of Last Revision: Aug 15, 2009

This Statement of Terms of Service ("Terms") governs our relationship with users and others who interact with this network. By using or accessing network, you agree to these terms.

1. Privacy

This network helps you share information with people around you. You choose what information you put in your profile, including contact and personal information, pictures, interests, etc. Such information is public on the network, and should not be posted if intended to be kept private.
Additionally, groups you join, comments and messages you post, and events you note you'll attend will be public information. Please refrain from posting private information on this network.

Additionally, you should seek permission from any third party before posting any information about that person that they may desire to keep private. This may be locations, dates, comments, and pictures. Do not infringe upon the privacy rights of others with this network. If you have questions or ideas related to privacy on our network, please contact us.

2. Sharing Your Content and Information

You own all of the content and information you post on this network, and from that point forward it is now public information. In order for us to use certain types of content and provide this network, you agree to the following:


1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with our network ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).
   
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
   
3. We always appreciate your feedback or other suggestions, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

3. Safety

We do our best to keep this network clean and safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial communications to users (such as spam).
2. You will not collect users' information, or otherwise access our network using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not upload viruses or other malicious code.
4. You will not solicit login information or access an account belonging to someone else.
5. You will not bully, intimidate, or harass any user.
6. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
7. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
8. You will not use our network to do anything unlawful, misleading, malicious, or discriminatory.
9. You will not facilitate or encourage any violations of these Terms.


4. Registration and Account Security

Members provide useful and truthful information on our network, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information, or create an account for anyone other than yourself without permission.
2. You will not use our network if you are under 13.
3. You will not use our network if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
4. You will not use our network if you are a convicted sex offender.
5. You will keep your contact information accurate and up-to-date.
6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
7. You will not transfer your account to anyone without first getting our written permission.


5. Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on our network that infringes someone else's rights or otherwise violates the law.
2. We can remove any content you post on our network, without notice and without providing a reason for the action. In any case of content removal, ask us why and we may (or may not) respond.
3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
4. You will not use our copyrights or trademarks without our written permission.
5. If you collect information from users, you will: obtain their consent, make it clear you (and not our network) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
6. You will not post anyone's identification documents or sensitive financial information on our network.

6. Special Provisions Applicable to sharing content.

If you include content on our network in updates or sharing to other networks, the following additional terms apply to you:
1. We give you permission to use our network's share features so that users can post links or content from your website on our network, and likewise post content from our network to other websites.
2. You give us permission to use such links and content on our network.
3. You will not share content or link to content that would violate these Terms if posted on our network.


7. Special Provisions Applicable to Individual Portals, Groups, and Websites utilizing this network.

If you are a group, association, or business using our network, the following additional terms apply to you:
1. You are responsible for following all of the Terms as described in this document.
2. When users visit your portal or group, they have not given you permission to spam them or otherwise interact with them in any way that you would not interact with another user or non-member of this network.


1. You will not bill users for being part of your group or portal.
2. You will make it clear to users what user data you are going to use and how you will use, display, or share that data.
3. You will not use, display, or share a user's data in a manner inconsistent with the user's privacy settings without the user's consent.

3. You will not misrepresent your relationship with this network to others.
4. You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Terms, and provide us a link or copy of any such release or statement.
5. We can issue a press release describing our relationship with you.
6. You will comply with all applicable laws. In particular you will (if applicable):

1. have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
2. comply with the Video Privacy Protection Act ("VPPA"), and will obtain explicit, opt-in consent from users prior to sharing with us user data subject to the VPPA. You acknowledge we have no obligations under the VPPA.
7. We do not guarantee that our network will always be free.
8. You give us all rights necessary to enable your content to work within our network, including the right to:

1. incorporate your content into articles, profiles, and user action stories;
2. link to or frame your content; and
3. place content, including ads, around your content.
9. We can analyze your content and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
10. To ensure your application is safe for users, we can audit it.
11. We can create content or applications that offer similar features and services to, or otherwise compete with, your application or content.
8. About Advertisements on our Network

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
1. We have permission to produce and output ads such as to offset costs or earn a profit with our network. You will not be compensated in any way for publishing content on our network.
2. We do not give your content to advertisers.
3. You understand that we may not always identify paid services and communications as such.


9. Special Provisions Applicable to Advertisers

You can target your specific audience by buying ads on our publisher network. The following additional terms apply to you if you place an order through our online advertising portal ("Order"):

If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
2. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
3. Your ads will comply with our Ad Guidelines
4. We will determine the size, placement, and positioning of your ads.
5. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
6. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
7. You will not offer any contest or sweepstakes ("promotion") without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
8. You can cancel your Order at any time through our online portal, but it may take us seven days before the ad stops running.
9. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
10. We can use your ads and related information for marketing or promotional purposes.
11. You will not issue any press release or make public statements about your relationship with our network without written permission.
12. We may reject or remove any ad for any reason.
13. You warrant that you have the legal authority to bind the advertiser to these Terms.
14. You agree that if the advertiser you represent violates these Terms, we may hold you responsible for that violation.

10. Amendments
1. We can change these Terms so long as we provide you notice through our network (unless you opt-out of such notice).
2. We can make changes for legal or administrative reasons upon notice without opportunity to comment.
11. Termination

If you violate the letter or spirit of these Terms, or otherwise create possible legal exposure for us, we can stop providing all or part of our network to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time. In all such cases, the terms of this agreement remain in tact related to privacy, users, content, sharing of information, etc.

12. Disputes
1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to these Terms in a state or federal court located in Johnson County, Kansas. The laws of the State of Kansas will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Johnson County, Kansas for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions or your content on our network, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
3. WE TRY TO KEEP OUR NETWORK UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THIS NETWORK "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OUR NETWORK WILL BE SAFE OR SECURE. THIS NETWORK IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §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." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR OUR NETWORK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR OUR NETWORK WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR NETWORK'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Definitions

1. By "our network" we mean the features and services we make available, including through (a) our websites at www.rideapps.com, www.boatapps.com, www.cycleapps.com, www.unionofpatriots.com, www.planaride.com, www.fatmoto.com and any other of our branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
2. By "us," "we" and "our" we mean Net Profit Services, Inc. and/or its partners and/or its affiliates.
3. By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services to retrieve data from our network and provide data to us relating to our network users.
4. By "content" we mean the content and information you post on our network, including information about you and the actions you take.
5. By "post" we mean post on our network or otherwise make available to us.
6. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

14. Other
1. These Terms make up the entire agreement between the parties regarding our network, and supersedes any prior agreements.
2. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of these Terms, it will not be considered a waiver.
4. Any amendment to or waiver of these Terms must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
6. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Agreement shall prevent us from complying with the law.
8. These Terms do not confer any third party beneficiary rights.