AVOS Systems, Inc. provides Delicious – the service that enables users to collect and discover web content through our website located at www.delicious.com and by using related applications and the Delicious bookmarklet extension for your internet browser. For simplicity, we’ll refer to any or all of this as the “Service”.
When you access or use the Service, you are agreeing to the following terms and conditions (“Terms”) and acknowledge that they are a binding legal agreement between you and AVOS.
By accessing or using the Service on behalf of an organization, like a company, you are also agreeing to these Terms on behalf of that organization and saying that you are authorized to do that on behalf of your organization.
The Service is intended solely for persons who are 13 or older. If you are not 13 or older, do not use the Service. If you use or access the Service you are telling us that you are 13 or older. You may use the Service only as allowed by these Terms and all applicable laws. If something you want to do on the Service violates the Terms or the law, don’t do it.
Your User Content is yours and User Content added by others is theirs. By adding something to the Service you are not giving AVOS or anyone else ownership of that User Content.
When you put User Content on the Service, you do give us (and our service providers, partners and other users) free and unlimited rights to use your User Content as part of the Service including as the Service may evolve in the future. This means we can use, including copying, modifying etc…, what you put on the Service as part running the Service worldwide and including things like enabling it on different devices and platforms. For example, this license allows us to make your public links and related information available to others as part of their use of the Service. This also means that other users of the Service can use your publicly available content as part of their use of the Service.
You are responsible for your use of the Service and all of your User Content, we are not responsible or liable for any use of your User Content. Depending on your privacy settings, your User Content may be used by us, other users, and our partners. If you don’t have the right to submit your User Content for such use, it may subject you to liability. When you add content to the Service you are representing that you have all the necessary rights to do so and to enable others to use the content as described in these Terms.
Yes, you may remove your User Content from the Service at any time by specifically marking it for deletion or terminating your Account. If you choose to remove your User Content or to terminate your Account, your User Content will be removed from our systems in a commercially reasonable amount of time (e.g., time enough to allow our services to update), provided, however, we may retain an archived copy as required by law. In addition, in certain instances, copies of your User Content may continue to exist in published or recorded form when it has been retransmitted, redistributed, or otherwise licensed to others as contemplated in these Terms. For instance, once an RSS feed has been downloaded we do not have the ability to change that download; so, if you delete something after that RSS feed has been downloaded what you deleted will not be deleted from the downloaded copy. Likewise, to the extent that search engines or others archive pages it’s possible your content will remain available through those search engines even though it’s not available on the live version of our site (or even in any cached versions we maintain).
Yes, and AVOS provides registered users with simple export options to do this. While we do not anticipate an event where a user’s information would be lost, we cannot guarantee it will never happen. Therefore, it’s your responsibility to back-up your User Content. You agree that AVOS is not responsible or liable for the deletion of, or the failure to store or to transmit any User Content. Users whose accounts have been terminated by AVOS as allowed in these Terms will need to contact AVOS directly if they wish to obtain a copy of the User Content they added. AVOS will consider such requests on a case by case basis and is under no obligation to grant such request or provide such information.
AVOS has no obligation to monitor your access to or use of the Service or to review or edit any User Content you choose to add and we do not do so as part of our normal operations; however, AVOS has the right to do these things for the purpose of operating the Service, to ensure your compliance with these Terms and applicable laws. AVOS reserves the right, at any time and without prior notice, to remove or disable access to any content on the Service that AVOS, it its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service.
The Service contains links to other websites that our users have shared. If you choose to click on a link and go to another site you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate. If you aren’t sure a site is safe and inoffensive to you, don’t click on the link. If you click a link and something bad happens when you visit another site we are not responsible or liable in any way. We’re not responsible for the content of other sites and we’re not responsible for links users share on the Service. Just because a user has shared a link does not mean it’s safe and the fact that the link is on the Service does not mean we have checked it, endorsed it or otherwise determined its ok for you to visit, we have not. You assume all risk from visiting sites linked to on the Service.
AVOS respects copyright and trademark laws and expects its users to do the same. AVOS has adopted and implemented a policy that tells copyright owners how to notify us if they believe content on the Service infringes their rights. Please see the Delicious Copyright Policy for further information.
We have the right to and will terminate users’ accounts if they repeatedly infringe or are believed to be repeatedly infringing other people’s rights. We also reserve the right to require a user to change their username for any reason including infringement of someone’s rights.
By the way, copyright and trademark laws also protect the Service and AVOS exclusively owns all rights to the Service except as expressly provided in these Terms. All trademarks, service marks, logos, trade names and any other proprietary designations of AVOS used herein are trademarks or registered trademarks of AVOS. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Most of this should be pretty obvious, but here’s a list just to make sure people are clear on some of the details of what it’s not ok to do on the Service:
If you violate any of these Terms, your permission to use the Service may be suspended or permanently revoked. We reserve the right to suspend, disable or terminate your Account, in our sole discretion and without prior notice to you, with or without cause. You may cancel your Account at any time via the “Settings” section of your Account.
Any feedback, comments and suggestions for improvements to the Service that you submit to AVOS (“Feedback”) will be the sole and exclusive property of AVOS and by submitting such Feedback you irrevocably assign to AVOS and agree to irrevocably assign to AVOS all of your rights in all such Feedback, including all related intellectual property rights. Your submission of any Feedback to AVOS is entirely voluntary and we will be free to use such Feedback as we choose and without any obligation to you.
If you choose to install the Delicious Bookmarklet the following further terms and conditions also apply in addition to those above and below this “Delicious Bookmarklet” section:
Delicious Bookmarklet License. Subject to your compliance with the terms and conditions of these Terms, AVOS grants you a limited, non-exclusive and non-transferable license to install and use the executable form of the Delicious Bookmarklet, without modification. AVOS reserves all rights in the Delicious Bookmarklet not expressly granted to you in these Terms.
License Restrictions. Except as expressly specified these Terms, you may not: (i) copy, modify or distribute the Delicious Bookmarklet for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Delicious Bookmarklet to any third party; or (iii) use the Delicious Bookmarklet in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
Updates and Upgrades; No Obligation. AVOS is not obligated to maintain or support the Delicious Bookmarklet, or to provide you with updates, upgrades or services related thereto. You acknowledge that AVOS may from time to time in its sole discretion issue updates or upgrades to the Delicious Bookmarklet, and may automatically update or upgrade the version of the Delicious Bookmarklet that you are using. You consent to such automatic updating or upgrading, and agree that the terms and conditions of these Terms will apply to all such updates or upgrades.
Term and Termination. The license to the Delicious Bookmarklet granted under these Terms remains in effect unless earlier terminated by you or AVOS in accordance with these Terms. You may terminate the license at any time by uninstalling all copies of the Delicious Bookmarklet in your possession or control. Without limiting any other terms of these Terms, the license will automatically terminate without notice from AVOS if you breach any terms of these Terms. Upon any termination of the bookmarklet license, you must cease all use of the Delicious Bookmarklet and promptly delete and destroy all copies, full or partial, of the Delicious Bookmarklet.
Third Party Code. The Delicious Bookmarklet is distributed with certain independent code that is licensed under open source licenses (“Open Source Code”) and the Open Source Code is licensed to you in accordance with the applicable open source licenses. To the extent that any of the terms and conditions of these Terms conflict with any such open source licenses, the conflicting terms and conditions will not apply to the corresponding Open Source Code.
Your access to and use of the Service and any content available on or through the Service is at your own risk. You understand and agree that the Service and content available on or through the Service are provided to you on an “AS-IS” and “AS-AVAILABLE” basis. WITHOUT LIMITING THE FOREGOING, AVOS EXPLICITLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty (i) that the Service or any content available on or through the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis; or (ii) regarding the quality of any products, services or content or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Service. No advice or information, whether oral or written, obtained from AVOS or through the Service will create any warranty not expressly made herein.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER AVOS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AVOS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL AVOS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGHT THE SERVICE EXCEED FIFTY DOLLARS ($50). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AVOS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms, including any claims arising from or related to the use of the Service or Service Content, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
AVOS may, its sole discretion, choose to modify, discontinue or terminate the Service, at any time and without prior notice. AVOS may also choose to modify the Terms. If we choose to modify the Terms, we’ll post them and give you a chance to provide feedback before they become effective except in extraordinary circumstances where we think it’s important for them to become effective as soon as they are posted in which case we’ll make that clear. Once they become effective your continued use of the Service will mean you agree to be bound by the new terms. If you don’t agree then you need to stop using the Service.
These Terms constitute the entire and exclusive understanding and agreement between AVOS and you regarding the Service and Service Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between AVOS and you regarding the Service and Service Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without AVOS’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. AVOS may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by AVOS (i) via email (in each case to the address that you provide); or (ii) by posting on the Site or via the Service. For notices made by e-mail or posting, the date of receipt will be deemed the date on which such notice is transmitted or posted, whichever is earlier.
The failure of AVOS to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AVOS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.