Terms of Use
Date of last revision: Nov 26, 2007.
Ipoki is a social-location-based service, connecting you with the people and places all over the world by sharing your location, comments, alerts, etc. The Ipoki service and network (collectively, "Ipoki Service" or "the Service") are operated by the Ipoki Company (collectively, "Ipoki", "us", "we" or "the Company").
1. Acceptance of the general terms of rendering of service
By accessing or using the Ipoki web site at https://www.ipoki.com (the "Web site"), Ipoki Mobile ("Ipoki Mobile"), Ipoki iGoogle at www.igoogle.com/gadgets/... , Facebook application at https://apps.facebook.com/ipoki ("Ipoki Apps"), the Ipoki API and the mobile software at https://www.ipoki.com/download.php (the "Ipoki Plug-in"), altogether referred to as the Ipoki Service (the "Service"), you (the "User" or "Members") signify that you have read, understand and agree to be bound by these Terms of Service (this "Agreement"), whether or not you are a registered member of Ipoki. If you wish to become a Member and communicate with other Members and make use of the Service, read these Terms of Service and indicate your acceptance of them by following the instructions in the Sign Up page. This Agreement sets out the legally binding terms of your use of the Service and your membership in the Service.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
2. Changes in Terms
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
3. Eligibility, declarations and guarantees
You must be eighteen or over to register as a member of the Service. Membership in the Service is void where prohibited. By using the Service, you represent, declare and warrant that:
(a) You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
(b) You are at least eighteen years old (18).
(c) You do not use any right that is given to you in these general terms of rendering of service for illicit purposes.
(d) You will just use the service the way that it is established in the general terms of rendering of service.
4. Term
This Agreement will remain in full force and effect while you use the Service and/or are a Member. You may terminate your membership at any time, for any reason on the account page. Ipoki may terminate your membership for any reason, at any time. If Ipoki terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any indemnification or compensation. Even after membership is terminated, this Agreement will remain in effect.
Termination: Ipoki may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Application and/or prohibit you from using or accessing the Service or the Site or any Application (or any portion, aspect or feature of the Service or the Site or any Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
5. Use by Members and restrictions
The Ipoki services are made available for your personal, non-commercial use only, and not for resale, transfer or disposal for the use or profit of any other person or firm. You may not use the Ipoki services to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. If you want to make commercial use of the Ipoki services, you must enter into an agreement with Ipoki to do so in advance. Please contact us for more information.
You can not use the service for unlawful or contradictory purposes with the general terms of rendering of service. Therefore, you accept to not use, transfer, distribute or dispose the information included in the service so that it concerns in a disloyal way with Ipoki.
You recognize that the service has been developed, compiled, revised, selected and conformed by Ipoki.
You accept to protect the copyrights during and even after the validity of this agreement and fulfil all the reasonable written petitions formulated by Ipoki or by its content supplier, in order to protect legal contractual, statutory and common rights.
You accept to inform Ipoki, in writing and in an appropriate way, if it is seen an unauthorized use by third parties or violation of the copyright, registered trademark and other rights that the service could be breaking or vice versa.
Passwords and compiled names, photos, comments, links and Web site content are not to be transferred or copied from the Web site for use with any other product or service. Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
In consideration of your account security and data, you agree to:
(a) Provide accurate, current and complete information about you as may be prompted by any sign up forms on the Site ("Registration Data").
(b) Maintain the security of your password and identification.
(c) Maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete when that information affects the terms or Privacy Policy.
(d) Be fully responsible for all use of your account and for any actions that take place using your account.
You can not copy, reproduce, recompile or decompile, dismantle, do activities of inverse engineering, distribute, publish, display, execute, modify, empty out, do derived works, transfer or exploit parts of the service.
You can not distribute any part of the service through any way, including, among others, television or radio, a computer network or a hypertext frame in internet that violate the terms of Links and Framing, without the previous written authorization of Ipoki.
You can not use copyrights, services or registered trademarks of Ipoki or from third parties in such a way that it seems that such trademarks or rights belong to you, are associated to you or they are used with the authorization of Ipoki or from its legitimate holders.
You will not use the service, or the information of it, in correspondence with promotion purposes, nor will you send such correspondence to any person or firm using the service.
No materials of any kind submitted through your account or otherwise uploaded, posted, transmitted, or shared by you on or through the Service will violate or infringe section 6 "User Content on the Site".
You can not harvest or collect email addresses, locations or other user information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
You can not use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site.
You can not use automated scripts to collect information from or otherwise interact with the Service or the Site, excepting the case that the interaction is made via the Ipoki API.
You agree not to register for more than one user account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity; impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity.
You will not solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes from other users.
You will not solicit repeatedly people you don't know to add you or accept you as a friend on Ipoki.
You will not intimidate, harass or promote intimidation or harassment to another user.
You will not use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
6. User Content on the Site
You are solely responsible for the locations, tags, geodata, photos, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, store, publish, display, post, make available or provide on or through the Service or the Site, or otherwise transmit to or share with other users (collectively the "User Content").
You understand and agree that Ipoki may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that, in the sole judgment of Ipoki, violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Ipoki.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site.
By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Ipoki an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content or terminate the membership, the license granted above will automatically expire, however you acknowledge that Ipoki may retain archived copies of your User Content.
You may not upload, post, transmit, share, store or otherwise make available in the Service, or to the users the following:
- Any content that you did not create or that you do not have permission to post.
- Any content that promotes information that you know is false, misleading or promotes illegal activities or conduct.
- Any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, pornographic, sexually explicit, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
- Any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends.
- Any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation.
- Any private information of any third party, including, without limitation, location, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
- Any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Any content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or videos or links to pirated files.
- Any content that contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page).
- Any content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, harasses or advocates harassment of another person, or that would otherwise create liability or violate any local, state, national or international law.
- Any content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
- Any material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
- Any content that, in the sole judgment of Company, restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
Ipoki reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision for User Content, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.
Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
7. Proprietary Rights in Contents and Limited License
The modification of the service content represents a violation to the legitimate rights of Ipoki.
Ipoki owns and retains all proprietary rights in the Web site, Ipoki Plug-in, Ipoki API, Ipoki Apps, and the Service. The Web site contains the copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of Ipoki, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, User Content (defined above in section 6), and their selection and arrangement (altogether, the "Site Content"), are the proprietary property of Ipoki, its users or its licensors with all rights reserved.
No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Ipoki prior written permission.
The foregoing does not apply in the following cases:
- Your own User Content that you legally post on the Site.
- Sharing the User Content of users that have set a public profile in the Privacy Settings.
- Sharing the User Content of users that add you as a friend.
Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
Except for the three cases above, you may not share or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited.
Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Ipoki, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause.
8. Trademarks
HIPOQIH, IPOKI and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
9. Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Ipoki website or service any materials that violate another party's intellectual property rights.
When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.
If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent.
10. Ipoki Platform and Developer Terms of Use
The Ipoki Platform is composed of the Ipoki API and the internal services provided by Ipoki.
The platform enable third-party developers ("Ipoki Developers") to create websites or mobile applications that send and retrieve information to and from Ipoki servers about its members and from third-party sites ("Content providers").
Ipoki Developers may use the Ipoki Platform and create Ipoki based Applications only in accordance with the terms and conditions set forth in an agreement entered into between Ipoki and the Ipoki Developer ("Developer Terms").
The Ipoki Developer Terms consist of the General Terms of Use and the related Ipoki API Documentation and Guidelines.
We may from time to time enter into separate agreements with certain third party Ipoki Developers that contain different or additional terms, provided however, that each such separate agreement will require the third party Ipoki Developer to only display your information in accordance with your Ipoki privacy settings. The Ipoki Developer Terms are subject to change without prior notice at any time, in the Company's sole discretion, so you should review these documents from time to time.
The Ipoki Platform, as part of the Ipoki Service, is available for non-commercial use by third party developers. If you want to use it for commercial purposes then you need to get our explicit approval.
ALL USE OF THE IPOKI PLATFORM IS PROVIDED "AS IS" AND AT YOUR OWN RISK.
11. Ipoki Plug-in Licenses
The Ipoki plug-in is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.
The Ipoki plug-in is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
12. Terms and conditions for Links and framing
Please read the general conditions for link and framing before linking or making a frame on this web site. You can not link or make framing on this web site unless you accept complying with these general conditions, as well as with the other terms and conditions of the service in this web site. It is possible Ipoki modifies the link and framing terms. Therefore, you may revise them often. If you continue establishing links and framings to this web site after the modifications of the general conditions of link and framing, we will understand that you accept the modified general conditions of link and framing.
1. Consent for the acceptance of general conditions of service in this web site
By establishing a link with this web site, we understand that you have read and agree with the general conditions of link and framing service, and also with the general terms of rendering of service in this web site.
2. Copyright
You admit that this web site, including among others text, content, photographs, audio-visual and graphic elements, has been designed by Ipoki for its presentation in a format and only appearance, with the style of Ipoki (in general, "style") and that the mentioned style is protected by copyright, registered trademarks, international treaties and other property rights and laws in Spain, as well as international agreements. by linking with this web site according with the general conditions of link and framing service, it is granted a license without exclusiveness, non transferable and without copyright for using the trademark Ipoki only as a link from your web site to Ipoki. It is not allowed the use of trademarks or the name of Ipoki without previous written consent by Ipoki.
3. Restrictions to the link with the principal site of this web site
without pretending to limit the provisions included in the general terms of rendering of service, you can establish a link from your web site to the principal site of Ipoki, at present located at https://www.ipoki.com ("home page") as long as you previously notified by electronic mail addressed to [email protected]. furthermore, you can not link Ipoki with any web site which contains names, materials or information inappropriate, lay, defamatory, illegal, obscene, indecent or unlawful, nor materials or information that violate any copyright, property rights, or pertinent privacy or advertising rights.
4. Framing restrictions and other link activities
Ipoki worries about the integrity of this web site when accessing to it in a determined way, only by third parties or if it is displayed in a field only created by third parties. in particular, Ipoki worries about link activities with internal sites or subsidiary ones of this web site which are different levels under ("in depth link") the principal sites or getting and presenting content of this web site inside another ("framing"). in this sense, without limiting the provisions included in the general terms of rendering of service, you shall explicitly request and make sure the expressed permission and in writing of Ipoki before making a link in depth or framing this web site or any of its contents (except for the case of framing and linking user's maps). If you wish to link in depth or framing in this web site or any of its contents shall ask for permission writing an email to [email protected]. including; a) your name, electronic mail address and phone number, (b) name of the company, (c) address(es) of the web site where the proposed link in depth or framing will appear and (d) specific contemplated details of link in depth or framing, including content or web pages of the web site that it is wished to establish the link in depth or framing.
In no case you can not frame Ipoki or its contents into any web site which contains names, materials or information inappropriate, lay, defamatory, illegal, obscene, indecent or unlawful, nor materials or information that violate any copyright, property rights, or pertinent privacy or advertising rights
5. Framing and linking user's maps
Without pretending to limit the provisions described above, you can assume that you have permission to frame and link user's maps in the following cases:
- Maps of users that have set a public profile in their privacy settings.
- Maps of users that have add you as a friend in Ipoki.
- Other maps from Ipoki not related to user's positions, attending the provisions set in the Google Maps API TOS.
13. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Ipoki. Ipoki shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
14. Privacy
We care about the privacy of our users. Use of the Service is also governed by our Privacy Policy. Click here to view the Ipoki's Privacy Policy.
15. Disclaimers
Ipoki is not responsible for any incorrect or inaccurate Content posted to the Service or in connection with the Service, whether caused by users of the Service, Members or by any of the equipment or programming associated with or utilized in the Service. Ipoki is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service.
Ipoki assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Ipoki is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service.
You agree that you use this service under your own responsibility and you admit that the Service or any element of it, including the content in a non exhaustive way, services, information, software, or advertisements ("elements") are supplied "just as they are" and Ipoki does not guarantee in an expressed or implicit way the elements including, among others, the failure, availability, accuracy, capacity or adaptation to an objective or particular use or non-infringement. Ipoki cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. Ipoki does not guarantee that the service is compatible with your physical or logic equipments or that the service has errors, viruses, worms or "Trojan horses" and is not responsible for damages caused by these destructive elements. You agree that Ipoki, its suppliers and agents are not responsible (i) for the damages, if they are caused because of the negligence of Ipoki, its employees, contractors, agents, suppliers or if they occur while you are connected to the service, being Ipoki not responsible for any loss of profit, loss in general, indirect or collateral damages, nor for being a consequence of bringing an action against Ipoki by third parties; nor (ii) mistakes, discrepancies, omissions, delay or other errors in the service caused by your computer or by the use of the service in that equipment.
Under no circumstances will Ipoki be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Service, whether online or offline.
The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from Ipoki or through or from the service shall create any warranty not expressly stated herein.
16. Limitation on Liability
In no event will Ipoki, its directors, employees or partners be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from errors, delays, omission, interruptions in the transmission or delivery of the service.
Ipoki excludes any responsibility for damage or loss of any kind that could be caused by the transmission, spreading, storing, at disposal, reception, obtaining and accessing to the services, if Ipoki has been advised of the possibility of such damages. In particular, but not in an exclusive way, for damage or loss due to:
(a) Noncompliance of law, moral and good conduct generally accepted or public order as a consequence of obtaining, use and access to the services.
(b) Infraction of copyright and industrial rights, trade secrets, contractual undertaking of any kind, rights of honour, right to personal and family privacy and right to freedom from injury to reputation, proprietorship and from any other nature belonging to a third party as a consequence of inappropriate use of the services.
(c) The execution of unfair competition acts and unlawful advertising as a consequence of the use of the services.
(d) The inadequacy for any kind of intention for and the fraud the expectations generated by the services.
(e) Noncompliance, delay in the execution, defective execution or ending for any cause of the entered obligations into third parties and contracts made with third parties through or owing to the access to the services.
Notwithstanding anything to the contrary contained herein, Ipoki's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Ipoki for the Service during the term of membership.
17. User Disputes
You are solely responsible for your interactions with other Ipoki Members. Ipoki, reserves the right, but has no obligation, to monitor disputes between you and other Members.
18. Indemnity
You agree to indemnify and hold Ipoki, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service, User Content you post or share on or through the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above, and/or violation of any law or the rights of any third party.
19. Governing Law and Jurisdiction
These general terms of rendering of service are subject to the law of the Spanish kingdom. You accept taking to court in the city of Madrid any legal action that may happen related to the service or disputes related to the interpretation and noncompliance of the general terms of rendering of service.
If there is any dispute about or involving the Web site and/or the Service, you agree that the dispute will be governed by the law of the Spanish kingdom without regard to its conflict of law provisions. You agree to personal jurisdiction by the courts of Madrid, Spain.
If you have questions or suggestions you can contact us at: [email protected]