Ecosystem: the Netvibes Widget Directory

UWA TERMS OF SERVICE

Netvibes is pleased to introduce its Universal Widget API (“UWA”) that will allow you to develop Netvibes widgets (“Widgets”) that can be used with Netvibes Services and with an increasing number of web and desktop platforms. Netvibes provides you with a unique opportunity to distribute content (“Your Content”), embedded in a Widget, throughout the internet and reach thousands of new users.

Netvibes will be distributing Your Content and grants you a license to use its UWA and to access its source code, to ensure the widest compatibility of the Widgets.

By your use of the UWA and your development of Widgets, you expressly agree to abide and be bound by these UWA Terms of Service (“UWA TOS”), by the Netvibes Terms of Service and Privacy Policy, and by all modified or revised version of these documents, which may be modified from time to time by Netvibes. Without limiting the foregoing, you agree that the section “VI. Miscellaneous” of the Netvibes Terms of Service should apply to these UWA TOS.

You warrant that you are legally capable of entering into a binding agreement. You must also abide by all applicable statutes and regulations in the United Kingdom and, if applicable, in your home country. Nothing in these UWA TOS creates a partnership, an employment relationship or an agency between you and Netvibes. In case of a conflict between the Netvibes Terms of Service and these UWA TOS, the latter should prevail.

I. LICENSE TO USE NETVIBES’ UWA

Provided full compliance with these UWA TOS, Netvibes grant you a non-exclusive, non-sublicensable, non-transferable, non-assignable, and freely revocable license to use its UWA and access its source code for the sole purpose of developing Widgets embedding Your Content. The use of the UWA for any other purpose is strictly prohibited without Netvibes’ prior written consent.

Further, you agree to comply with all policies or technical requirements from Netvibes, provide all the data and information, whether personal and not, requested by Netvibes, and more generally follow all procedures that may be implemented from time to time by Netvibes with respect to the UWA. Without limiting the foregoing, you will respect all the rules, provide all information, and follow all instructions displayed on the Netvibes Ecosystem or in the Netvibes Developers’ Network website.

The Widgets embedding Your Content may be accessible from the Netvibes Ecosystem, from your website, or from any website selected by Netvibes in its sole discretion. Although you may charge a fee for accessing all or part of your Content, you may not commercially distribute, directly or indirectly, the Widget embedding Your Content so that the access to the Widget itself is free under all circumstances.

Netvibes may from time to time add content in the frame of a Widget, including but not limited to the phrase “Powered by Netvibes”, and any modification, alteration or suppression of said content will be a material breach of these UWA TOS.

The license granted herein may be terminated by you or Netvibes at any time without any notice of any kind. Netvibes may in its sole discretion stop distributing Widgets embedding Your Content and revoke your license to use its UWA for any reason, including but not limited to, your violation of the terms or spirit of these UWA TOS, or of Netvibes Terms of Service or Privacy Policy. Without limiting the foregoing, Netvibes may suppress or have suppressed, from the Netvibes Ecosystem or from any partner website, all URLs linking to the Widgets embedding Your Content or, if applicable, all copies of thereof. You expressly accept, upon Netvibes’ first request, to suppress all copies of the Widgets embedding Your Content and to discontinue using its UWA. You may choose to stop using the UWA by simply removing from the internet all sources and copies of the Widgets embedding Your Content.

II. UWA’S SOURCE CODE

Provided full compliance with these UWA TOS, Netvibes grants you the right to use the UWA and to access, study, reproduce, and to some extent modify its source code. In addition to these UWA TOS, you expressly agree to be bound by all additional or specific instructions issued from time to time by Netvibes, by any means, including but not limited to, through the Netvibes Developers’ Network website. Said additional or specific instructions shall form an integral part of these UWA TOS.

You may translate, adapt, or modify the source code of the UWA or develop rendering engines therefor (“Your Contribution”), for instance to ensure the compatibility of the UWA with additional web or desktop platforms, provided that:

Your Contribution does not affect any part of the source code or of its accompanying comments identified by Netvibes as not being modifiable or suppressible (“Still Content”); and
Your Contribution does not cause, directly or indirectly, the development of Widgets whose source code or its accompanying comments would not contain the Still Content.

Without limiting the foregoing, the Still Content includes, but is not limited to, any link pointing towards these UWA TOS and the source code generating the phrase “Powered by Netvibes”.

In consideration of the license herein granted to you by Netvibes, you expressly authorize Netvibes, and grant the rights, to access, study, reproduce, modify, translate, and distribute Your Contribution, with or without modifications, whether alone or within the UWA or any part thereof.

If you foresee that Your Contribution may fall outside the scope of this license, you agree to either renounce to said Contribution or contact Netvibes to discuss a possible additional grant of rights.

Nothing in these UWA TOS shall be construed as an obligation to use or distribute any program, application, or platform in which a Widget may be embedded under the terms of these UWA TOS. However, you may not use or distribute a Widget with or through any other program, application, or platform under terms that would be inconsistent with these UWA TOS.

Although the source code of the Widgets and its accompanying comments may be freely accessed, you may not modify any part thereof. You acknowledge that the source code pertaining to Your Content may be freely accessible to users and expressly authorize such use and distribution.

The rights herein licensed by Netvibes do not extend to any content embedded in Widgets, which remain under the sole control and responsibility of their respective owners.

III. DISTRIBUTION OF YOUR CONTENT BY NETVIBES

In consideration for the license herein granted, you expressly grant Netvibes the right to , directly and indirectly, distribute Widgets embedding Your Content. Netvibes may distribute Your Content for both commercial and non-commercial uses without being liable to any payment or indemnification of any kind by Netvibes to you. You agree that Netvibes distributes Widgets embedding Your Content either directly, for instance through the Netvibes Ecosystem, or indirectly, through any of its commercial partners. Netvibes shall, at its sole discretion, decide whether or not it will distribute Your Content, select its commercial partners, and determine all the terms and conditions of said distribution.

IV. PERSONAL DATA

Before developing Widgets, you must communicate all personal data or information requested by Netvibes. You must update your personal data or information from time to time so that it remains true, complete, accurate, and current at all times.

You understand that you have no right whatsoever in the personal data or information pertaining to users of Netvibes or of its commercial partners distributing Widgets embedding Your Content. Further, Netvibes or its commercial partners are under no duty to provide you with said data, wholly or in part, whether personally identifying or not. Without limiting the foregoing, you shall never collect the password associated with the account of a user of Netvibes or of its commercial partners.

You may collect personal data or information from users of Widgets embedding your Content, for instance to access additional services. You will only collect, keep, process, use or share personal data or information in a lawful and fair manner in compliance with the strictest legislation. You will never collect or process personal data pertaining to, directly or indirectly, users’ race, health, sexual orientation, or political, philosophical, or religious views. Without limiting the foregoing, you will always inform users that their personal information is collected by you and ensure that they always expressly agree to the intended or possible use of their personal information, including their sharing with third parties. More generally, your privacy policy shall always be compliant with that of Netvibes. Netvibes has no control over the personal data provided to you by its users and hereby disclaims all warranties of any kind.

V. INTELLECTUAL PROPERTY

In addition to the proprietary rights provisions contained in the Netvibes TOS, you acknowledge that the UWA is the sole property of Netvibes and that your use of this API is strictly limited by the terms of these UWA TOS. You further acknowledge that no rights whatsoever are hereby granted, transferred, or conveyed herein. You will not modify or delete, even partially, any trademark as well as any copyright or proprietary rights notices from Netvibes of its commercial partners. You understand that any use of the Netvibes UWA that is not in full compliance with these UWA TOS may constitute infringement upon Netvibes’ intellectual property. All rights not expressly granted to you by these UWA TOS are reserved.

You hereby grant Netvibes the right incorporate in its Services and website Your Content as well as that of to distribute Widgets embedding Your Content and as such reproduce, display, perform, adapt, and communicate to the public Your Content, worldwide and for the duration of the UWA license. You further grant Netvibes the right to reproduce your trademarks, trade names, service marks, logos, domain names or other identifying signs or images. Those rights are granted free of charge for Netvibes and may be sublicensed by Netvibes at its sole discretion to its commercial partners. You understand that you may not request any payment from Netvibes for posting, sharing, modifying, or distributing Your Content.

Developing Widgets embedding Your Content does not confer you any right or exclusivity to the information, ideas and/or services you may communicate or provide to users. Netvibes is under no duty to distribute Your Content in an exclusive manner. Without limiting the foregoing, you acknowledge and agree that Netvibes or its users may develop widgets similar to yours without incurring any type of liability whatsoever.

VI. WARRANTIES

In addition to the warranties contained in the Netvibes TOS, you expressly warrant that you own all the rights to, or have secured all the necessary authorizations for, the use and distribution of Your Content, including the right to sublicense those rights. As Netvibes does not exercise any control in Your Content, you understand that Netvibes may not be held liable for its communication to the public and share Your Content under your sole responsibility. Your Content shall at all times be in compliance with the Netvibes TOS and these UWA TOS and, more generally, is not harmful or unlawful, in particular towards minors.

Further, you represent that you shall hold harmless (including reasonable attorneys' fees) Netvibes, its affiliated companies, its principals, its agents, its administrators, and its employees from and against any claim by any third party arising out of or connected with the use or distribution of Widgets embedding Your Content, the violation of these UWA TOS, or, more generally, the violation of the law.

VII. FEEDBACK

Netvibes may collect users’ feedbacks or ratings pertaining to Your Content. Netvibes may also implement a computerized process that would, without any intervention from Netvibes, block access to Your Content, without any liability whatsoever.

VIII. LIMITATION OF LIABILITY

The UWA, or any other program, application, library, document or information, are provided to “as is“ without any warranty or any kind. Netvibes makes no warranty, whether implied or express, as to the UWA and expressly disclaim all warranties, including the warranties of merchantability and of fitness for a particular purpose, to the full extent of the law.

Netvibes does not host Your Content, although some content may be cached for efficiency purposes, and may never be liable for any loss of data or any harm to Your Content, your website, your computer system or any other electronic device.

Netvibes may not be held liable for terminating the license herein granted or for discontinuing the distribution of Widgets embedding Your Content. Further, Netvibes may not be held liable for any use or misuse of Your Content or services made by a third party or a commercial partner, or more generally for the conduct of others.