Additional Terms of Service
Welcome to the Widgetbox web site, which now includes Widgetbox Mobile, our Mobile Apps offering (collectively the “Widgetbox Site”). This Widgetbox Terms of Service (“Terms” or “Agreement”) in addition to the Flite Terms of Service (Flite TOS) govern your use of the Widgetbox Site. The Flite TOS, found at http://www.flite.com/terms-of-service, is hereby incorporated into these Terms by reference. In the event of conflict between these Terms and the Flite TOS, the Flite TOS shall govern except with regard to payment. Any capital terms that are not otherwise defined herein shall have the same meaning in the Flite TOS. BY USING THE WIDGETBOX SITE YOU AGREE TO BOTH THESE TERMS AND THE FLITE TOS. PLEASE READ THE FLITE TOS IN ADDITION TO THESE TERMS TO UNDERSTAND YOUR FULL RIGHTS, RESPONSIBILITIES AND LIABILITIES.
Obtaining Subscriptions. You may subscribe to use Widgets or Mobile Apps developed by third party developers or Flite that are aggregated on the Widgetbox Site or Widgetbox Mobile (“Widgetbox Products”).
No Fees for Basic Services. We do not charge a fee to access the Widgetbox Site or our basic subscriber services. We reserve the right to, at our sole discretion, display advertisements in Widgetbox Products and on the Widgetbox Site when using our basic subscriber services with no compensation to You. We may make additional premium services available to You from time to time and such additional services may be subject to different terms and fees. If you register and/or use any such paid fee services, you are also bound by the Widgetbox Terms of Sale. The Widgetbox Terms of Sale is hereby incorporated by reference. You can review the most current version of the Terms of Sale at any time at: http://www.widgetbox.com/info/legal/terms-of-sale.
Get Widget Button. The Get Widget Button is a feature on basic service subscribed Widgetbox Products that enables the Widgetbox Product to be widely distributed and virally shared. If the Get Widget Button is present on a Widgetbox Product, it cannot be tampered with or hidden from view. Tampering with, obscuring, or hiding the Get Widget Button in any way is cause for termination of that subscription.
Widget Acceleration. In the event that you elect to participate in one or more of the programs made available by Flite to facilitate the publishing of your Widgetbox Products on third party platforms (these programs “Accelerators”), you hereby consent to Flite’s display of advertisements on your Widgetbox Products that have utilized an Accelerator. You further consent to Flite adding a text link to your Widgetbox Product that has used any Accelerator, allowing Flite to have Accelerator attribution on such Widgetbox Products.
Limitations on Use. By subscribing to the Widgetbox Site, you hereby agree to only use any Widgetbox Product on sites that you own. You may not give the Widgetbox Product to other people to place on their or third party sites. If we determine that a Widgetbox Product you subscribe to is being used on any web site not owned by you, we reserve the right to disable both the individual Widgetbox Product subscription and your account EVEN IF YOU DID NOT CAUSE OR AUTHORIZE THE OTHER USAGE (e.g., the owner of the other site has taken the Widgetbox Product code without your consent).
Technical Processing. You understand that any technical processing and transmission through a Widgetbox Product, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Content Submitted by You. Please reread the Flite TOS found at http://www.flite.com/terms-of-service to ensure that you are complying with your representations and warranties regarding Content submitted by You.
Submitting Widgetbox Products. If you would like to develop and submit Widgetbox Products you must in addition follow the terms and conditions of the Flite TOS found at http://www.flite.com/terms-of-service, which governs all uses of the Flite Network.
Payment Terms. We may offer certain additional services by which you agree to pay fees to us, and a list of such services and terms are available on the Widgetbox Site. If you register and/or use any such paid fee services, you are also bound by the Widgetbox Terms of Sale. The Widgetbox Terms of Sale is hereby incorporated by reference. You can review the most current version of the Terms at any time at: http://www.widgetbox.com/info/legal/terms-of-sale.
For Excessive Usage. If your bandwidth usage exceeds the limits described below, or significantly exceeds the average bandwidth usage (as determined solely by Flite) of other users in the same Widgetbox Product account class, we reserve the right to immediately turn advertisements off in all Widgetbox Products in the account in violation or immediately disable your account or disable your Widget or Mobile App website until you reduce your bandwidth consumption or make arrangements with Flite for a custom account.
Widgetbox Products Bandwidth Limits
Widgetbox Basic Account: Bandwidth cannot exceed 300MB/month
Widgetbox Pro Account: Cannot exceed 300,000 widget impressions/month
Widgetbox Publisher Pro Account: Cannot exceed 1,500,000 widget impressions/month
Widgetbox Business Pro Account: Cannot exceed 4,000,000 widget impressions/month
Mobile Web App Bandwidth Limits
Widgetbox Mobile Gold Cannot exceed 50,000 impressions/month
Widgetbox Mobile Platinum Cannot exceed 150,000 impressions/month
Widgetbox Mobile Diamond Cannot exceed 450,000 impressions/month
For Distribution of Widgetbox Products Via Ad Servers. By subscribing on the Widgetbox Site, you hereby agree not to distribute Widgetbox Products through any advertisement serving technology or platforms. We reserve the right to immediately turn ads on in all Widgetbox Products in the account in violation or immediately disable the account or disable the Widgetbox Product serving on the violating account. If you intend on serving Widgetbox Products through advertisement serving technology or platforms, please contact us to set up a custom account.
Cancellation By Users. You are solely responsible for properly canceling your account. You can cancel your account at any time by clicking on your username link in the global navigation bar at the top of the screen. The account screen provides simple questions as well as the cancellation link. All of your Content provided by you may be deleted from your account upon cancellation. The Content cannot be recovered once your account is cancelled. For clarity, an email or phone request to cancel your account is not considered cancellation. Cancellation as provided hereunder will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. Termination is otherwise governed by the Flite TOS.
Indemnification. You agree to indemnify, hold harmless and defend Flite from and against any third party claims, proceedings or lawsuits, including attorneys’ fees, that arise or result from your breach of these Terms. You agree to allow Flite to control the defense of these claims, in its sole discretion, at your own expense.
Copyright Infringement. If you suspect there is infringing Content posted on the Widgetbox Site, follow the Content Guidelines found at: http://www.widgetbox.com/info/legal/content-guidelines/.
Flite TOS. Please refer to the Flite TOS found at http://www.flite.com/terms-of-service for additional terms that apply to your use of the Widgetbox Site.
Updated on June 23, 2011