Apps on Friendster

Friendster Developer Terms of Service

Welcome to Friendster, an online social network that has developed an Application Programming Interface (“API”) that you may use to develop and enable Web-based widgets and applications (each, an “Application”) for use by Friendster’s members and any other users of the Friendster website. The Friendster service is operated by Friendster, Inc. ("we," "us," or "Friendster"). By using the Friendster website (the "Website") to develop and/or distribute widgets and applications, you agree to be bound by these Developer Terms of Service as well as Friendster’s Privacy Policy, which is incorporated into these Developer Terms of Service in full by this reference. (If you are an individual who also wishes to become a Friendster member (a "Member"), communicate with other Members and make use of the Friendster service (the "Service"), you must also read and accept Friendster’s general Terms of Service by following the instructions on the "Sign Up" page and checking the box labeled "I agree to Friendster's terms of service.") Friendster’s general Terms of Service are hereby deemed to be incorporated herein in full by this reference; however, if there is any conflict between these Developer Terms of Service and our general Terms of Service, the Developer Terms of Service will apply.

1. Friendster’s Application Programming Interface. Friendster hereby grants to you a limited personal, worldwide, royalty-free, non-assignable and non-exclusive license to access, download, reproduce, use and distribute the API solely to develop an application for use by Friendster’s Members or other users of the Website (for purposes of these Developer Terms of Service, any reference to a Member will also include any user of the Website). If you are accepting these Developer Terms of Service on behalf of any company or entity other than yourself, you represent that you have full legal authority to bind that entity to the Developer Terms of Service. You may use the API as part of a commercial or non-commercial enterprise; provided that you use the API only as permitted by these Developer Terms of Service and only in compliance with all applicable laws, including any copyright laws and any laws regarding the export of data or software to or from the United States or any other country.

2. Developer’s Rights, Obligations and Restrictions. Friendster has no control over your Application and neither endorses nor bears any responsibility for your Application, any links contained therein or any content incorporated therein. Friendster reserves the right in its sole discretion and without notice to remove your Application from the Website and/or disable your application from using Friendster APIs.

You may publicize your Application; provided that you do not state or imply that the Application is endorsed or controlled by Friendster, nor may you reference “Friendster” in the name of your Application.

You post your Application on Friendster’s Website at your sole option and risk; Friendster is not in any way responsible for the subsequent use or misuse by Members or other Website users who access the Application.

You will be responsible for developing, supporting and maintaining your Application on the Website or any other site or medium on which it is available to Members. You will provide Members and other Website users with an email address for contact purposes. All information provided by you to us and to our Members and other users is and will be complete and accurate in all respects.

If the Application uses the API to retrieve and/or collect personally-identifiable and/or Friendster-specific information about any Member to populate that Member’s copy of the Application with information and/or content created, provided or posted by that Member, you will establish and strictly comply with a privacy policy that you make available to all Members and that is at least as protective of personally-identifiable and/or Friendster-specific information as these Developer Terms of Service and our Privacy Policy. You can only cache user information for up to 24 hours solely to facilitate the performance of your Application, subject only to exceptions, if any, expressly set forth by Friendster in these Developer Terms of Service.

Further to the foregoing, you cannot share any personally-identifiable and/or Friendster-specific data or other information with any third party, including but not limited to any advertising network, without Friendster’s prior written consent.

You may not Post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If your Application allows file-sharing, you must implement an acceptable copyright policy and comply with all laws, regulations and rules. Alternatively, if you believe that your work has been copied and Posted on the Website without your permission or in any other way that constitutes copyright infringement, please contact us.

Your Application cannot:

  • be patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harass or advocate the harassment of another person;
  • involve the transmission or generation of "junk mail," "chain letters," “phishes,” "spam" or any other unsolicited mass mailing, emailing or other communication;
  • include any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive or (3) is threatening, obscene, defamatory or libelous;
  • constitute or include any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music, images or video or links to pirated music, image or video files or (4) content which otherwise violates your stated copyright policy;
  • display pornographic or sexually explicit material or any other adult content of any kind, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual;
  • include material that exploits people under the age of 18 in a sexual or violent manner or is intended to solicit personal information from anyone under 18;
  • include inflammatory religious content;
  • provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
  • promote, facilitate or permit the sale of liquor, beer, wine, tobacco products, ammunition and/or firearms;
  • promote, facilitate or permit gambling, including any online casino, sports betting, bingo or poker;
  • promote or make available prescription drugs from uncertified pharmacies or illegal drugs or substances;
  • promote any known associations with hate, criminal and/or terrorist activities;
  • exploit political agendas or use “wedge” political issues for commercial purposes; or
  • solicit passwords or personally-identifying information for unlawful purposes from other Members.

In addition, neither you nor the Application will:

  • proxy or store usernames or passwords to automate logins to the Website;
  • permit anyone to impersonate a Member of the Website or obtain access to the Website without authorization;
  • disregard or circumvent any technical methods put in place by Friendster to ensure that the Application only provides Members with access to Website content that they would otherwise be able to view on the Website in accordance with any user privacy settings;
  • contain or distribute any software that: (i) performs activities hidden to the user; (ii) may alter, harm, disable or replace any hardware or software installed on user's computer without express permission from the user; (iii) is bundled as a hidden component of other software; (iv) automatically downloads without the user's express prior approval; or (v) presents any download dialog boxes without a user's express action (i.e., a click) to perform a download;
  • display content outside of the dimensions of the Application's placement on the Website page; or
  • initiate animation, video, audio and/or any other interactive Application content ("Interactive Content") on the Website page other than via a user’s click each and every time, unless the user has explicitly authorized the automatic initiation of such Interactive Content.

Your Application must also comply with the following restrictions: (i) pop-ups and pop-unders are not allowed; (ii) for roll-over expandables, the panel must retract when the mouse is removed from the content; and (iii) for click expandables, the panel must retract when the mouse is removed from the content or when user clicks a second time.

You and your Application will at all times comply with all applicable laws and regulations, including, without limitation, all applicable copyright laws, export control laws and, if applicable, all rules and regulations of any applicable payment network or association.

Friendster may, in our sole discretion, terminate your Fan Profile and/or remove your Application from the Website and reserves the right to investigate and take appropriate legal action, in our sole discretion, if you violate any of the foregoing prohibitions.

3. Commercial Uses. On Friendster’s certification of your Application and activation, your Application may be used for commercial as well as non-commercial purposes, including the insertion of advertising into your Application or the inclusion of ecommerce offerings, without Friendster’s express written consent. Friendster will not charge a fee or any revenue share with respect to your Application, its use thereof by Members, and any revenues generated therefrom. However, commercial use is subject to certain restrictions. Firstly, your Application may not copy, transfer or use any names, photos, links, text, data or other content belonging to or posted by Friendster or other Members for the purpose of selling, engaging in, marketing or promoting your Application.

Also, illegal and/or unauthorized uses of the Website, including collecting usernames, email addresses or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Website or any other use not expressly permitted in this Agreement (as defined below), will be investigated and appropriate legal action will be taken, including, without limitation, civil, criminal and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person or organization access to your Fan Profile, your Application or any content uploaded on the Application or the Website for the purpose of extracting such information or other content.

At your option and on your payment of Friendster’s then-current rates, you may be featured in Friendster’s Application directory and elsewhere on the Website.

4. Proprietary Rights. Friendster owns and retains all proprietary rights in the Website and the Service. The Website contains certain copyrighted material, including links and compilations of individual data, trademarks and service marks and other proprietary information of Friendster, our Members and our licensors. Except for any information which is in the public domain, you may not use, copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary materials or information without our express written consent in each case.

You own all right, title and interest in and to your Application. You automatically grant, and you represent and warrant that you have the right to grant, to Friendster an irrevocable, perpetual, nonexclusive, fully-paid and worldwide license to display and distribute your Application.

You may only use Friendster trademarks (such as "Friendster") as permitted herein. You will have the right to advertise and promote your Application on your website or in any other medium in conjunction with Friendster’s then-current trademarks and trade names, as modified by Friendster at any time ("Marks"). You will not modify any Marks and you will comply with all reasonable usage guidelines promulgated by Friendster. Except as set forth herein, nothing herein will grant to you any right, title or interest in or to the Marks and you irrevocably assign to Friendster all such right, title and interest, if any. At no time will you challenge or assist others to challenge Friendster’s Marks or the registration thereof or attempt to register any marks or names confusingly similar to any of Friendster’s Marks.

You hereby grant Friendster a license to post and display an icon for your Application on the Website under your then-current trademarks and/or trade names, all at Friendster’s sole option.

5. Certification. You must submit your Application for certification by Friendster in accordance with the process set forth in the “Developer” section of the Website. If your Application is certified by Friendster, your Application will become operational on the Website and will be listed in Friendster’s application directory in a timely manner.

6. Disclaimers. THE FRIENDSTER APPLICATION PROGRAMMING INTERFACE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. FRIENDSTER EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT AND ANY WARRANTY CONCERNING THE RELIABILITY OR PERFORMANCE OF THE FRIENDSTER API. YOU WILL POST AN APPLICATION VIA THE FRIENDSTER API AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE AS A RESULT OF SUCH POSTING AND/OR ACCESS OR USE BY FRIENDSTER MEMBERS OR OTHER USERS.

WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF YOUR APPLICATION. UNDER NO CIRCUMSTANCES WILL FRIENDSTER BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OR MISUSE OF THE WEBSITE, THE SERVICE OR THE APPLICATION, ANY CONTENT POSTED ON THE WEBSITE OR THE APPLICATION OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, INCLUDING YOU, WHETHER ONLINE OR OFFLINE.

We assume 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. We are 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 website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member or any other person related to or resulting from use of the Website, viewing, playing or downloading the Application or any other materials on or from the Website or otherwise in any way in connection with the Service. No advice or information, whether oral or written, obtained by you from us or from or through the Website or the Service, whether concerning your Application or otherwise, shall create any warranty not expressly stated herein.

7. General.

A. Friendster’s entire liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your posting of the Application or use of the Website or the Service, even if we have been advised of the possibility of such damages.

B. If there is any dispute between you and us about or involving the Application, the Website or the Service, by posting your Application on the Website, you agree (i) that the dispute will be governed by the laws of the State of California, excluding its conflict of law provisions, and (ii) to personal jurisdiction under and venue in the state and federal courts located in San Francisco, California for the resolution of any such dispute.

C. You agree to indemnify and hold Friendster and its affiliates, directors, officers, employees, contractors, agents and corporate or other partners harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Website or the Service (including the posting by you of your Application or any Content therein for use by other Members) in violation of this Agreement, (b) any other breach of this Agreement by you or (c) any breach of your representations and warranties set forth above.

D. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us. Nothing herein will be deemed to create any third party beneficiaries of this Agreement.

E. Although these Terms of Service may be terminated by you or us at any time and for any reason, the terms of Sections 4, (Proprietary Rights), 6 (Disclaimers) and 7 (General) will survive in accordance with their respective terms.

F. You will be deemed to have accepted these Terms of Service upon use of the Website or on our acceptance of your Fan Profile to post an Application. This Agreement, together with our general Terms of Service, Privacy Policy and any notices regarding the Website or the Service sent to you or posted on the Website, all of which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of the Website, the Friendster API or the Service (the “Agreement”). Any of the foregoing may be modified by us at any time without prior notice and all such modifications will be effective and deemed accepted by you upon posting on the Website. The terms of our Privacy Policy and any notices regarding the Website or the Service sent to you or posted on the Website are incorporated into and made part of these Terms of Service. Links to copies of Friendster’s policies and notices can be found on the Friendster Home Page. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement will continue in full force and effect unless such deletion materially frustrates the intent of the parties, in which case this Agreement will terminate.

Friendster is a service mark of Friendster, Inc.