Last Updated: July 20, 2010
I. NING APPLICATIONS.
Your use of the Applications created by Ning 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).
II. THIRD PARTY APPLICATIONS.
III. DISCLAIMER OF WARRANTIES.
YOUR USE OF APPLICATIONS IS 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 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.
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.”
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, 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.