Developer Terms of Use -itimes OpenSocial

These Developer Terms of Use for itimes (the "Terms") apply to application developers who upload their applications into the itimes application directory. You as an Application Developer must review these Developer terms of Use in order to make use of the developer platform. Your account creation as a developer will be your acceptance of these Terms and Conditions.

itimes may add to or change or update these Terms of Use, from time to time entirely at its own discretion. You are responsible for checking these Terms of Use periodically, to remain in compliance with these terms.  Your use of a Developer Platform after any amendment to these Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.

The term “Application Developer/ Developer” hereunder refers to a User that has accessed and/or used the developer platform. By using, Developer Service (regardless of whether your access or use is intended) you agree to abide by all applicable laws, rules and regulations and these Terms of Use. If you do not agree to be bound by these Terms and follow the applicable laws, your only remedy is to discontinue the use of the developer platform immediately.

These Terms set forth legally binding terms for your use of the developer platform. (i) the itimes developer platform is a reference to the OpenSocial platform. (ii) itimes Applications and itimes Application Content are “Content” and therefore all references to “Content” will apply to your use of the itimes Applications and itimes Application Content.

Changes

TIL reserves the right to suspend / cancel, or discontinue any or all channels or service at any time without notice contained on the site without prior notice.

Definitions

Please refer to the OpenSocial Anatomy document.

Eligibility criteria

As a Registered User of itimes, you are eligible to use the Developer platform. Please refer to the itimes
Terms of Use

Termination of Services

itimes reserves the right to terminate your Developer status and your access to the Developer Platform or restrict, suspend your participation in the Developer Platform or any part thereof or refuse to post, remove or delete your itimes Application(s) and your itimes Application Content, in full or in part, at any time, in its sole discretion with or without cause, and with or without any prior notice. Upon such termination or suspension, your right to use the Developer Platform will immediately cease.

You may terminate your Developer status at any time, for any reason, by ceasing to use the Developer Platform.

User’s Obligations

You are solely responsible for your itimes Applications and itimes Application Content, and any material or information that you transmit to other Users and for your interactions with other Users, including without limitation and procuring and maintaining all necessary licenses, permissions and rights for your itimes Application(s). TIL shall not be responsible nor liable for any consequential damages arising on afore-mentioned account.
You hereby agree and assure itimes that the Developer Platform shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws.
You hereby agree and assure itimes that your itimes Application and itimes Application Content will not, and will not permit any other person/user, to directly or indirectly:

You agree not to post, distribute, transmit or otherwise make available any Application/Computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to infringement of any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material or other copyrighted sources, and the unauthorized transmittal of copyrighted software/Application;

itimes reserves exclusive right / control on the Privacy Settings on itimes and display information for it’s Uusers at it’s sole discretion: You and your itimes Application and itimes Application Content shall not, directly or indirectly, offer any guarantee of anonymity to a User who intends to leave a message on another User’s account. itimes Applications that enable “anonymous” messaging must (i) display a message to the User before such User leaves a message for another User making it clear that itimes reserves the right request the messaging User’s IP address and (ii) display onscreen the messaging User’s IP address.

Your application must comply with the itimes Application Guidelines.

You agree that you are solely responsible for (and that TIL has no responsibility to you or to any third party for) the application (including whether it displays or behaves properly) and for any related content that you create, transmit or display through the application.

You may not charge users any fee for the use of your application, unless you have entered into a separate agreement with TIL or obtained TIL's written permission.

You must be honest and accurate in your representations to itimes users about what your application does and how it uses information from itimes users. Any failure to disclose the same shall be attributable to you solely and you agree to indemnify TIL for the same.

Your application must not be designed in a way that might mislead a user into believing that the user is interacting directly with TIL/itimes when interacting with your application. You understand and agree that you will not state or imply that your application is created or endorsed by itimes, nor design it in such a way to imply such creation or endorsement.

You understand that by adding your application to the itimes directory, your application may be linked to, associated with or run on pages with third-party content that you may find offensive, indecent or objectionable and that, in this respect, you use itimes, the itimes application directory, and itimes's application platform (collectively, "the Platforms") at your own risk.

Collection of Payment or Users Account Information

If your itimes Application collects any payment or account information from Users you must comply with the then current rules and regulations of all payment networks you use and the Payment Card Industry Data Security Standards available at http://www.pcicomplianceguide.org/pci-basics.html.  this implies that we do not hav any responsibility for online financial transactions through an application Such collection of payment or account information may not occur on itimes Profile or any page within the itimes Website, but may occur on your itimes Application Canvas Page if the Canvas Page is hosted outside of the itimes Website (e.g., IFRAME displaying information from a non-itimes website). In addition, you must clearly and conspicuously disclose that any such collection is directly by you, and not by itimes or TIL and that TIL is neither responsible nor liable for any consequential damages arising on this account.

User Data collection

You acknowledge and agree that you will only collect itimes user public profile information from those users who add your application to their itimes profile page. "Public profile information", means all information that is available to view on a user's profile that does not have a privacy setting that limits access to friends of friends, friends, or yourself. You agree not to collect any itimes user's information that has a privacy setting that limits access to "friends of friends", "friends", or "private".

You acknowledge and agree that when an itimes user adds your application to his or her profile, you will only collect the following three fields of information regarding that user's friends, and no other information regarding their friends: their friends' public profile names, public profile URLs and public profile photos.

If a user adopts an application and then later changes the privacy setting for one of his or her profile fields from "public" to "friends" or another limited setting, you agree that your application will no longer obtain that information on future calls.

You agree that you will not collect itimes users' navigation history, other than obtaining information identifying the visits by itimes users who have installed your application to other profile and canvas pages that contain the same application. You agree not to reveal that navigation history to third parties including other itimes users.

You will use the User Information solely as necessary for the functionality of your itimes Application.

You acknowledge and agree that you will not use your application or the Services to request, collect, solicit or otherwise obtain access to site passwords or other authentication credentials from any itimes users.

TIL/itimes has the right at any time to request that you delete all itimes user data in your possession or control, and you agree that you will promptly comply with any such request. You will indemnify TIL/itimes/User(s) upon your failure to comply with the said directions.

Proprietary rights

Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site trademarks, logos, Developer Platform etc appearing on this site are the property of Times Internet Limited, its parent, affiliates and associates and are protected under applicable Indian laws. You acknowledge and agree that TIL and its licensors own all legal right, title and interest in and to itimes.com. You agree that itimes retains all right, title and interest, including without limitation, all intellectual property rights, in and to (i) the Developer Platform and any and all elements and components thereof, including without limitation, any and all content, data, technology, software, code, user interfaces and any derivative works thereof or relating thereto; (ii) User Information; and (iii) any feedback you may provide to itimes in connection with the Developer Platform (the rights, titles and interests in (i), (ii) and (iii) collectively, “itimes Property”).

You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of itimes/TIL; or remove, conceal or obliterate any copyright or other proprietary notice appearing on or contained within the itimes Services, including, without limitation, Developer Platform or any credit-line or date-line on other mark or source identifier included on the Platform, including without limitation, the size, color, location or style of itimes/ TIL’s marks including itimes.com marks. You agree to take such actions (including, without limitation, execution of affidavits or other documents) as itimes may reasonably request to effect, perfect or confirm itimes’s rights to the itimes Property.

Unless you have agreed otherwise in writing with TIL, nothing in these Terms gives you a right to use any of TIL's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with TIL, then you agree that your use of such features shall be in compliance with that agreement. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

As between the parties, you retain all right, title and interest, including without limitation, all intellectual property rights, in and to any itimes Application and itimes Application Content which you create (except for the itimes Property or other itimes Content contained therein). By submitting or posting a itimes Application or itimes Application Content on or through the itimes Services, you hereby grant to itimes a limited, non-exclusive, fully paid and royalty-free, worldwide license under any patent issued for such itimes Application or itimes Application Content and additional rights to use, copy, sublicense, reformat, modify, delete from, add to, publicly perform, publicly display, reproduce, distribute, execute and store and cache on its servers such itimes Application and any itimes Application Content related thereto, including without limitation, the right to link to, frame or embed your itimes Application and itimes Application Content and the right to and allow third parties to display Advertising and other Content with and in connection with your itimes Application and itimes Application Content. Notwithstanding the foregoing, you understand and acknowledge that (i) itimes and/or TIL may be independently creating applications and/or other Content in parallel with and similar to your efforts, and (ii) nothing in this agreement restricts or prevents itimes or TIL from creating and fully exploiting any such applications and/or Content of itimes or TIL without any obligation to you. itimes shall in no manner be liable, either directly or indirectly, is not responsible for any developer copying or in any other manner replicating, duplicating the idea / concept and representing the same in digital form.

TIL claims no ownership over any application or content (e.g., source code, feeds, images, text) provided by you to be used by the User through this Platform. You retain copyright and any other rights, including all intellectual property rights, you already hold in the application or content. You agree that you are responsible for protecting and enforcing those rights and that itimes has no obligation to do so on your behalf.

By adding your application to the itimes directory, you direct and authorize TIL and its affiliates to host, link to, and otherwise incorporate your application into the Services, and you grant TIL a worldwide, royalty-free, non-exclusive license to incorporate, copy, distribute, create derivative works of, translate, publicly perform, publicly display, test, and otherwise use this application and content provided by you in conjunction with the application.

Limited Right to Use

Subject to the terms and conditions of this Developer Terms, itimes grants to you a limited, non-exclusive, revocable, non-sublicensable license to access and use the Developer Platform solely to develop, test, display, distribute and execute itimes Application(s) and itimes Application Content, allow you to access the User Information as made available by itimes, and allow other Users to access your itimes Application; provided that itimes reserves the right to limit, restrict or prohibit your or other User/s access to the Developer Platform, including without limitation the Developer Platform, at any time or over a period of time, with or without notice, in its sole discretion.

Privacy

You agree to implement and comply with standards of privacy and confidentiality for the collection, use, sharing and storage of any data related to any User, including without limitation any User Information, that are at least as stringent and user-favorable as the standards set forth in the itimes privacy policy. (Hyperlink the url) You may only collect personally identifiable information (“PII”) from a User if that User “opts-in” to such collection after you have clearly disclosed that the information is being collected directly by you, and not by itimes or TIL and have directed the User via link to your privacy policy. You are prohibited from providing any data related to itimes Users which you access or collect or are provided in connection with your itimes Application to any third party, including for the purpose of Advertising.

The Developer Platform includes certain restrictions on data access meant to protect User privacy and gives Users the ability to control access to privacy settings for their data. You hereby agree to comply with, and in no way circumvent, all such data access restrictions set by itimes and any privacy settings that the User has selected and to reflect updates to any such restrictions and settings as promptly as possible.

At the reasonable request of itimes, you will promptly provide itimes with information about a particular User of your itimes Application in order to: (i) protect or defend the legal rights or property of itimes, TIL, or other companies within or affiliated with the TIL or their employees, agents and contractors; to (including enforcement of our agreements); (ii) protect the safety and security of Users of the itimes Services; to or Users of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or to (iv) comply with the law or legal process.

Representations and Warranties

You represent and warrant that

• you have the right, power and authority to enter into Developer Terms and to perform the acts required of you hereunder and it will be enforceable against you and without limiting the foregoing, you represent and warrant that you are at least 18 years old
• your itimes Application, your entrance into the Developer Terms and performance of your obligations hereunder or the rights you’ve granted to itimes hereunder, do not and will not violate any other agreement or legal obligation to which you are bound;
• any and all activities you undertake in connection with the Terms will be performed in compliance with all Applicable Law and your use of the Developer Platform is solely for lawful purposes; and
• your itimes Application and itimes Application Content will at all times comply with the terms of the Developer Terms, including without limitation the Application Guidelines.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

All the contents of this site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. All warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement are disclaimed and excluded.

YYou expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available." in particular, til, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

  (a) your use of the services will meet your requirements,
  (b) your use of the services will be uninterrupted, timely, secure or free from error,
  (c) any information obtained by you as a result of your use of the services will be accurate or reliable, and
  (d) that defects in the operation or functionality of any software provided to you as part of the services will be        corrected.

Any transactions relating to application or application content not directly offered by itimes are to be settled inter-se between the parties to such transaction and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by itimes. Til merely endeavors to provide a platform where you and other party may interact or carry out transactions for application/application conte on such terms and in the manner mutually agreed between you and the other party. Til does not have any involvement in the actual transactions. It is only you, who is entirely responsible for all the activities, arising out of the transactions herein. Til will not be liable for any loss that you may incur, while transacting under itimes.com.

Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from til or through or from the services shall create any warranty not expressly stated in the terms.

Til and its parent, affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use of any itimes application, with the delay or inability to use the til's platform or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the sites/services, or otherwise arising out of the use of the til's sites/services) arising in contract, tort or otherwise from the use of or inability to use the site, or any of itsapplications, or from any act or omissions a result of using the site or any such application/s or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site.

Under no circumstances shall til be liable to you on account of your use or misuse of the services or for any loss or damage of any kind incurred as a result of the use of any application posted or uploaded on the site, or any infringement of another's rights, including intellectual property rights.. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if til has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use, misuse , or reliance on the services, from inability to use the services, or from the interruption, suspension, or termination of the services. Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. You specifically agree that til is not responsible for any application/content sent using and/or included in til's site/service by any third party.

Indemnity

You agree to indemnify, defend and hold TIL, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the itimes Services in violation of this Developer Terms and/or arising from a breach of this Developer Terms and/or any breach of your representations and warranties set forth in or this Developer Terms and/or if any itimes Application, itimes Application Content or other Content that you post on or through the itimes Services causes itimes to be liable to another.

Testing. From time to time itimes may conduct private and/or public beta tests (each a “Beta”) of new features or versions of the Developer Platform. If you choose to register for a Beta, your participation may be subject to additional terms. You agree that all feedback you record or provide to itimes in connection with your participation shall be the property of itimes.

Publicity

You may promote your itimes Application, however you may not issue any press release or other publicity statement or promotional materials using any itimes Marks without first obtaining the prior written consent of itimes; provided that you may factually state that your itimes Application is a “itimes application” or an application for use on itimes (so long as you are in full compliance with the terms of Developer Terms). itimes reserves the right to issue publicity and promotional materials mentioning and/or describing the Developer Platform, itimes Applications and/or Developers.