Terms
This agreement was written in English (US). To the extent any translated version of this
agreement conflicts with the English version, the English version controls. Please note
that Section 16 contains certain changes to the general terms for users outside the
United States.
Date of Last Revision: October 4, 2010
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") derives from the
Equipalizer Principles, and governs our relationship with users and others who interact
with Equipalizer. By using or accessing Equipalizer, you agree to this Statement.
1. Privacy
Your privacy is very important to us. We designed our Privacy Policy to make
important disclosures about how you can use Equipalizer to share with others
and how we collect and can use your content and information. We encourage
you to read the Privacy Policy, and to use it to help make informed decisions.
2. Sharing Your Content and Information
You own all of the content and information you post on Equipalizer, and you can
control how it is shared through your privacy and application settings. In addition:
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 Equipalizer ("IP
License"). This IP License ends when you delete your IP content or your
account unless 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. When you use an application, your content and information is shared with the
application. We require applications to respect your privacy, and your
agreement with that application will control how the application can use,
store, and transfer that content and information. (To learn more about
Platform, read our Privacy Policy and Platform Page.)
4. When you publish content or information using the "everyone" setting, it means
that you are allowing everyone, including people off of Equipalizer, to
access and use that information, and to associate it with you (i.e., your
name and profile picture).
5. We always appreciate your feedback or other suggestions about Equipalizer,
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 Equipalizer safe, but we cannot guarantee it. We need
your help to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial communications
(such as spam) on Equipalizer.
2. You will not collect users' content or information, or otherwise access
Equipalizer, using automated means (such as harvesting bots, robots,
spiders, or scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid
scheme, on Equipalizer.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to
someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hateful, threatening, or pornographic; incites
violence; or contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third-party application containing alcohol-
related or other mature content (including advertisements) without
appropriate age-based restrictions.
9. You will not offer any contest, giveaway, or sweepstakes ("promotion") on
Equipalizer 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.
10. You will not use Equipalizer to do anything unlawful, misleading, malicious, or
discriminatory.
11. You will not do anything that could disable, overburden, or impair the proper
working of Equipalizer, such as a denial of service attack.
12. You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security
Equipalizer users provide their real names and information, 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 on Equipalizer, or create an
account for anyone other than yourself without permission.
2. You will not create more than one personal profile.
3. If we disable your account, you will not create another one without our
permission.
4. You will not use your personal profile for your own commercial gain (such as
selling your status update to an advertiser).
5. You will not use Equipalizer if you are under 13.
6. You will not use Equipalizer if you are a convicted sex offender.
7. You will keep your contact information accurate and up-to-date.
8. You will not share your password, (or in the case of developers, your secret
key), let anyone else access your account, or do anything else that might
jeopardize the security of your account.
9. You will not transfer your account (including any page or application you
administer) to anyone without first getting our written permission.
10. If you select a username for your account we reserve the right to remove or
reclaim it if we believe appropriate (such as when a trademark owner
complains about a username that does not closely relate to a user's
actual name).
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 Equipalizer that infringes or
violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on Equipalizer if we
believe that it violates this Statement.
3. We will provide you with tools to help you protect your intellectual property
rights. To learn more, visit our How to Report Claims of Intellectual
Property Infringement page.
4. If we remove your content for infringing someone else's copyright, and you
believe we removed it by mistake, we will provide you with an opportunity
to appeal.
5. If you repeatedly infringe other people's intellectual property rights, we will
disable your account when appropriate.
6. You will not use our copyrights or trademarks (including Equipalizer, the
Equipalizer and E Logos, EQPLZR, Equipalize, and Wall), or any
confusingly similar marks, without our written permission.
7. If you collect information from users, you will: obtain their consent, make it
clear you (and not Equipalizer) are the one collecting their information,
and post a privacy policy explaining what information you collect and how
you will use it.
8. You will not post anyone's identification documents or sensitive financial
information on Equipalizer.
9. You will not tag users or send email invitations to non-users without their
consent.
6. Mobile
1. We currently provide our mobile services for free, but please be aware that
your carrier's normal rates and fees, such as text messaging fees, will still
apply.
2. In the event you change or deactivate your mobile telephone number, you will
update your account information on Equipalizer within 48 hours to ensure
that your messages are not sent to the person who acquires your old
number.
3. You provide all rights necessary to enable users to sync (including through an
application) their contact lists with any basic information and contact
information that is visible to them on Equipalizer, as well as your name
and profile picture.
7. Payments
If you make a payment on Equipalizer or use Equipalizer Credits, you agree to
our Payments Terms.
8. Special Provisions Applicable to Share Links
If you include our Share Link button on your website, the following additional
terms apply to you:
1. We give you permission to use Equipalizer's Share Link button so that users
can post links or content from your website on Equipalizer.
2. You give us permission to use and allow others to use such links and content
on Equipalizer.
3. You will not place a Share Link button on any page containing content that
would violate this Statement if posted on Equipalizer.
9. Special Provisions Applicable to Developers/Operators of Applications and
Websites
If you are a developer or operator of a Platform application or website, the
following additional terms apply to you:
1. You are responsible for your application and its content and all uses you make
of Platform. This includes ensuring your application or use of Platform
meets our Equipalizer Platform Policies and our Advertising Guidelines.
2. Your access to and use of data you receive from Equipalizer, will be limited as
follows:
1. You will only request data you need to operate your application.
2. You will have a privacy policy that tells users what user data you are
going to use and how you will use, display, share, or transfer that
data and you will include your privacy policy URL in the Developer
Application.
3. You will not use, display, share, or transfer a user’s data in a manner
inconsistent with your privacy policy.
4. You will delete all data you receive from us concerning a user if the
user asks you to do so, and will provide a mechanism for users to
make such a request.
5. You will not include data you receive from us concerning a user in any
advertising creative.
6. You will not directly or indirectly transfer any data you receive from us
to (or use such data in connection with) any ad network, ad
exchange, data broker, or other advertising related toolset, even if
a user consents to that transfer or use.
7. You will not sell user data. If you are acquired by or merge with a third
party, you can continue to use user data within your application,
but you cannot transfer user data outside of your application.
8. We can require you to delete user data if you use it in a way that we
determine is inconsistent with users’ expectations.
9. We can limit your access to data.
10. You will comply with all other restrictions contained in our Equipalizer
Platform Policies.
3. You will not give us information that you independently collect from a user or a
user's content without that user's consent.
4. You will make it easy for users to remove or disconnect from your application.
5. You will make it easy for users to contact you. We can also share your email
address with users and others claiming that you have infringed or
otherwise violated their rights.
6. You will provide customer support for your application.
7. You will not show third party ads or web search boxes on Equipalizer.
8. We give you all rights necessary to use the code, APIs, data, and tools you
receive from us.
9. You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
10. You will not misrepresent your relationship with Equipalizer to others.
11. 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 Equipalizer
Platform Policies.
12. We can issue a press release describing our relationship with you.
13. 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 obtain any
opt-in consent necessary from users so that user data subject to
the VPPA may be shared on Equipalizer. You represent that any
disclosure to us will not be incidental to the ordinary course of
your business.
14. We do not guarantee that Platform will always be free.
15. You give us all rights necessary to enable your application to work with
Equipalizer, including the right to incorporate content and information you
provide to us into streams, profiles, and user action stories.
16. You give us the right to link to or frame your application, and place content,
including ads, around your application.
17. We can analyze your application, content, and data for any purpose, including
commercial (such as for targeting the delivery of advertisements and
indexing content for search).
18. To ensure your application is safe for users, we can audit it.
19. We can create applications that offer similar features and services to, or
otherwise compete with, your application.
10. About Advertisements and Other Commercial Content Served or Enhanced
by Equipalizer
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. You can use your privacy settings to limit how your name and profile picture
may be associated with commercial, sponsored, or related content (such
as a brand you like) served or enhanced by us. You give us permission to
use your name and profile picture in connection with that content, subject
to the limits you place.
2. We do not give your content or information to advertisers without your consent.
3. You understand that we may not always identify paid services and
communications as such.
11. Special Provisions Applicable to Advertisers
You can target your specific audience by buying ads on Equipalizer or our publisher network. The following
additional terms apply to you if you place an order through our online advertising
portal ("Order"):
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. When
serving your ad, we do our best to deliver the ads to the audience you
specify, although we cannot guarantee in every instance that your ad will
reach its intended target.
2. In instances where we believe doing so will enhance the effectiveness of your
advertising campaign, we may broaden the targeting criteria you specify.
3. You will pay for your Orders in accordance with our Payments Terms. The
amount you owe will be calculated based on our tracking mechanisms.
4. Your ads will comply with our Advertising Guidelines.
5. We will determine the size, placement, and positioning of your ads.
6. We do not guarantee the activity that your ads will receive, such as the number
of clicks you will get.
7. 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. We do, however, have systems to detect and filter certain
suspicious activity, learn more here.
8. You can cancel your Order at any time through our online portal, but it may
take up to 24 hours before the ad stops running. You are responsible for
paying for those ads.
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 ad, your ad
may remain until the users delete it.
10. We can use your ads and related content and information for marketing or
promotional purposes.
11. You will not issue any press release or make public statements about your
relationship with Equipalizer without written permission.
12. We may reject or remove any ad for any reason.
13. 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. You warrant that you have the legal authority to bind the advertiser to
this Statement.
2. You agree that if the advertiser you represent violates this Statement,
we may hold you responsible for that violation.
12. Special Provisions Applicable to Pages
If you create or administer a Page on Equipalizer, you agree to our Pages Terms.
13. Amendments
1. We can change this Statement if we provide you notice (by posting the change
on the Equipalizer Site Governance Page) and an opportunity to
comment. To get notice of any future changes to this Statement, visit our
Equipalizer Site Governance Page and become a fan.
2. For changes to sections 7, 8, 9, and 11 (sections relating to payments,
application developers, website operators, and advertisers), we will give
you a minimum of three days notice. For all other changes we will give
you a minimum of seven days notice. All such comments must be made
on the Equipalizer Site Governance Page.
3. If more than 7,000 users comment on the proposed change, we will also give
you the opportunity to participate in a vote in which you will be provided
alternatives. The vote shall be binding on us if more than 30% of all active
registered users as of the date of the notice vote.
4. We can make changes for legal or administrative reasons, or to correct an
inaccurate statement, upon notice without opportunity to comment.
14. Termination
If you violate the letter or spirit of this Statement, or otherwise create risk or
possible legal exposure for us, we can stop providing all or part of Equipalizer to
you. We will notify you by email or at the next time you attempt to access your
account. You may also delete your account or disable your application at any
time. In all such cases, this Statement shall terminate, but the following
provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15, 9.18,
10.3, 11.2, 11.5, 11.6, 11.9, 11.12, 11.13, and 14-18.
15. Disputes
1. You will resolve any claim, cause of action or dispute ("claim") you have with
us arising out of or relating to this Statement or Equipalizer exclusively in
a state or federal court located in Santa Clara County. The laws of the
State of California will govern this Statement, 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 Hillsborough County, Florida for the purpose of litigating all
such claims.
2. If anyone brings a claim against us related to your actions, content or
information on Equipalizer, 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 EQUPALIZER UP, BUG-FREE, AND SAFE, BUT YOU
USE IT AT YOUR OWN RISK. WE ARE PROVIDING EQUIPALIZER "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
EQUIPALIZER WILL BE SAFE OR SECURE. EQUIPALIZER IS NOT
RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR
DATA 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 THIS STATEMENT OR EQUIPALIZER,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS
STATEMENT OR EQUIPALIZER 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, EQUIPALIZER'S LIABILITY WILL BE LIMITED TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
16. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone,
but we also strive to respect local laws. The following provisions apply to users
outside the United States:
1. You consent to having your personal data transferred to and processed in the
United States.
2. If you are located in a country embargoed by the United States, or are on the
U.S. Treasury Department's list of Specially Designated Nationals you will
not engage in commercial activities on Equipalizer (such as advertising or
payments) or operate a Platform application or website.
3. Certain specific terms that apply only for German users are available here.
17. Definitions
1. By "Equipalizer" we mean the features and services we make available,
including through (a) our website at www.equipalizer.com and any other
Equipalizer branded or co-branded websites (including sub-domains,
international versions, widgets, and mobile versions); (b) our Platform; (c)
social plugins such as the like button, the share button and other similar
offerings and (d) other media, software (such as a toolbar), devices, or
networks now existing or later developed.
2. By "Platform" we mean a set of APIs and services that enable others, including
application developers and website operators, to retrieve data from
Equipalizer or provide data to us.
3. By "information" we mean facts and other information about you, including
actions you take.
4. By "content" we mean anything you post on Equipalizer that would not be
included in the definition of "information."
5. By "data" we mean content and information that third parties can retrieve from
Equipalizer or provide to Equipalizer through Platform.
6. By "post" we mean post on Equipalizer or otherwise make available to us
(such as by using an application).
7. By "use" we mean use, copy, publicly perform or display, distribute, modify,
translate, and create derivative works of.
8. By "active registered user" we mean a user who has logged into Equipalizer at
least once in the previous 30 days.
9. By "application" we mean any application or website that uses or accesses
Platform, as well as anything else that receives or has received data from
us. If you no longer access Platform but have not deleted all data from
us, the term application will apply until you delete the data.
18. Other
1. If you are a resident of or have your principal place of business in the US or
Canada, this Statement is an agreement between you and Equipment
Localizer Co., Inc. Otherwise, this Statement is an agreement between
you and Equipment Localizer Co, Inc. References to “us,” “we,” and “our”
mean either Equipment Localizer Co., Inc. or Equipalizer, as appropriate.
2. This Statement makes up the entire agreement between the parties regarding
Equipalizer, and supersedes any prior agreements.
3. If any portion of this Statement is found to be unenforceable, the remaining
portion will remain in full force and effect.
4. If we fail to enforce any of this Statement, it will not be considered a waiver.
5. Any amendment to or waiver of this Statement must be made in writing and
signed by us.
6. You will not transfer any of your rights or obligations under this Statement to
anyone else without our consent.
7. All of our rights and obligations under this Statement are freely assignable by
us in connection with a merger, acquisition, or sale of assets, or by
operation of law or otherwise.
8. Nothing in this Statement shall prevent us from complying with the law.
9. This Statement does not confer any third party beneficiary rights.
10. You will comply with all applicable laws when using or accessing Equipalizer.
You may also want to review the following documents:
• Privacy Policy: The Privacy Policy is designed to help you understand how we collect
and use information.
• Payment Terms: These additional terms apply to all payments made on or through
Equipalizer.
• Platform Page: This page helps you better understand what happens when you add a
third-party application or use Equipalizer Connect, including how they may
access and use your data.
• Equipalizer Platform Policies: These guidelines outline the policies that apply to
applications, including Connect sites.
• Advertising Guidelines: These guidelines outline the policies that apply to
advertisements placed on Equipalizer.
• Promotions Guidelines: These guidelines outline the policies that apply if you have
obtained written pre-approval from us to offer contests, sweepstakes, and other
types of promotions on Equipalizer.
• How to Report Claims of Intellectual Property Infringement
• How to Appeal Claims of Copyright Infringement
• Pages Terms
