Welcome to the Lijit website, home to the Lijit services.

Lijit Networks, Inc. (“Lijit”, “us”, or “we”) provides a customizable vertical search service configurable at http://www.lijit.com (the "Website") and accessible by visitors and users through the same, as well as through Lijit's search widget (the "Wijit"), which users may install on their blog, that allows people to search a given user's content (e.g. blog, bookmarks, photos, etc.) and network (e.g. blogroll, other Lijit users to whom the given user is connected, etc.) in order to receive highly relevant search results. The services offered by Lijit include the Wijit, the Website, and any other features, content, or, applications offered from time to time by us in connection with the Wijit and Website (collectively, the “Services”).

This Terms of Use Agreement (the “Agreement”) sets forth the legally binding terms for your use of the Services. By accessing and using the Services through the Wijit or Website, you agree to comply with and be bound by this Agreement, whether you are a “Visitor” (meaning you are simply browsing the Website) or you are a “User” (which means that you have registered with us and set up a Lijit Account). Should Lijit in the future offer any additional features or functionality that are governed by additional terms and conditions, we will inform you accordingly before you actually sign up. Such additional services will be governed by the additional terms and unless otherwise provided by such additional terms and conditions they are hereby incorporated into this Agreement by reference.

1.YOUR LIJIT ACCOUNT

1.1 Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your Lijit Account may be deleted without warning if we believe that you are younger than thirteen (13). 1. 2 Password. When you sign up to become a User, you will also be asked to choose a username and a password for your Lijit Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Lijit Account, username, or password of another User at any time. You agree to notify us immediately if you suspect any unauthorized use of your Lijit Account or access to your password. You are solely responsible for any and all use of your Lijit Account. 1.3 Fees. You acknowledge that we reserve the right to charge for the Services and to change the fees from time to time in our discretion, upon notice to you at the then-current e-mail address stored in your Lijit Account. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to us. 1.4 Term. This Agreement shall remain in full force and effect while you use the Services or are a User. You may delete your Lijit Account and end your membership at any time, for any reason by contacting us and requesting that we delete your account. We may terminate your membership for any reason, effective upon sending notice to you at the then-current e-mail address in your Lijit Account. You understand that termination of this Agreement and your Lijit Account may involve deletion of your Lijit Account information from our live databases. We will not have any liability whatsoever to you for any termination of your Lijit Account or related deletion of you information.

2. PROPRIETARY RIGHTS

We do not claim ownership in any “Content” (which means any and all postings, messages, opinions, text, files, links, images, photos, video, sounds, works of authorship, feedback, bug reports, or other materials) that you post on the Services, but to be able to legally provide you and other Visitors and Users with and promote the Services, we have to have certain rights to use such Content in connection with the Services, as set forth below in Subsection 2.1. In return, we also grant you certain use rights to the Content that we (or our licensors) own and use to provide the Services to you and other Users, as set forth below in Subsection 2.2.

2.1 Your Content. By posting any Content on the Services, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that you submit, upload, post, transmit or otherwise make available through the Services. You should only upload Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein. 2.2 Lijit Services Content. The Services contain Content provided by us and our licensors (“Lijit Services Content”). We and our licensors (which includes other Users) own and retain all proprietary rights in the Lijit Services Content and the Services. Provided you are a Visitor or User, and subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Lijit Services Content from the Services solely for your personal use in connection with viewing the Website and using the Services. 2.3 Ownership and Restrictions. You acknowledge that all the intellectual property rights in the Content (other than the Content you provide) and Services are owned by us or the User who posted such Content, or other Lijit licensors. Except for that Content that is owned by you, that is in the public domain, for which you have been given written permission, or as expressly permitted under this Agreement, you agree not to (i) modify, publish, transmit, distribute, perform, sell, or create derivative works based on the Content and Services; and (ii) rent, lease, loan, or sell access to the Services; (iii) decompile, reverse engineer, or copy any Content (other than the Content you provide) or the Services for which the source code is not provided to you.

3. ACCEPTABLE USE AND CONDUCT

You are solely responsible for any and all Content that is published, displayed, or otherwise made searchable (“posted”, as used herein) by or through your Lijit Account on the Services, including any e-mail, and for your interactions with other Users.

3.1 Prohibited Content. You agree that you will not post any Prohibited Content. “Prohibited Content” includes Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; (vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (xi) otherwise violates the terms of this Agreement or creates liability for us. You represent and warrant that: (a) you own the Content posted by you on the Service or otherwise have the right to grant the license set forth in this Agreement, and (b) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person. 3.2 Breach. Any use of the Services in violation of this Agreement may result in, among other things, termination or suspension of your rights to use the Services. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, Lijit Account information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. 3.3 Enforcement by Us. We have the right (but not the obligation) to review any Content and delete (or modify) any Content that in our sole judgment violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any Visitor or User or any other person, or create liability for us or any Visitor or User. We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing the Prohibited Content from the Services (or modifying it), terminating your membership, reporting you to law enforcement authorities, and taking legal action against you. You are solely responsible for creating backup copies of and replacing any Content you post or store on the Services at your sole cost and expense. 3.4 Your Account. Any Content used for or photographs posted by you in your Lijit Account may not contain nudity, violence, sexually explicit, or offensive subject matter. 3.5 Non-Commercial Use. The Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically approved in writing by our management or in connection with Services expressly designated for commercial use. You will not engage in advertising to, or solicitation of, any Visitor or User to buy or sell any products or services through the Services. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice and may result in suspension or termination of your Lijit Account. 3.6 No Disruption. You will not: (i) cover or obscure the banner advertisements on your Lijit Account page, or any Lijit page via HTML/CSS, scripting, or any other means, if any (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; (iii) introduce software or automated agents to the Services so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Services; or (iv) interfere with, disrupt, or modify any data or equipment to manipulate the location-based functionality of the Services. 3.7 Miscellaneous. You will not attempt to impersonate another Visitor or User or person, including any of our employees. You will use the Services in a manner consistent with any and all applicable laws and regulations.

4. THIRD PARTIES AND OTHER USERS

4.1 Third Party Content. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because we do not control such Content, you agree that we are not responsible for any such Content, including advertising and information about third party products or services. Because we do not have control over such Content, we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties. 4.2 Responsibility. Your interactions with other Users on the Services or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Visitor or User or the advertiser. You agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Visitor’s or User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any Visitor or User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users. 4.3 User Interaction. You will not use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Visitor or User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, we reserve the right to restrict the number of communications which a User may send to other Users and the sharing of any Content in any twenty-four (24) hour period to a number and amount which we deem appropriate in our sole discretion.

5. THIRD-PARTY WEBSITES AND PARTNER COMMUNITIES

The Services will contain links to third-party websites (“Third-Party Websites”) (a) placed by us as a service to those interested in this information; or (b) posted by other Users. You use all such links to Third-Party Websites at your own risk. We do not monitor or have any control over, and makes no claim or representation regarding Third-Party Websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites, or websites linking to the Website. When you leave the Website, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

6. COPYRIGHT POLICY

It is our policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:

Lijit Networks, Inc. Attn: Copyright Agent 864 W. South Boulder Road, Suite 200 Louisville, CO 80027 e-mail:

7. PRIVACY

Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

8. DISCLAIMERS

THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE. WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

9. LIMITATION ON LIABILITY

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIVE US DOLLARS ($5) AND THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

10. RELEASE

You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from: (i) any interactions with other Users, (ii) any incorrect or inaccurate Content (including any information in profiles) posted on the Services, whether caused by Users or by any of the equipment or programming associated with or utilized in the Services, or (iii) conduct of any Visitor or User of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “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.”

11. MISCELLANEOUS

11.1 Amendments. We may modify this Agreement from time to time and such modification shall be effective: (1) upon posting by us on the Website, for all Users who first use the Services affected by such modification after the posting, or (2) thirty (30) days after posting by us on the Website, for all existing Users of the affected Services. If you do not agree to the modifications, you must cease your use of the Services. 11.2 Survival. The provisions under Sections 2, 3, 4, 6, 8, 9, 10, and 11 will survive termination of this Agreement for any reason. 11.3 Indemnity. You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement. 11.4 U.S. Export Controls. Plug-In available in connection with the Services is further subject to United States export controls. No software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using any software, you represent and warrant that such download or use is not in violation of any such law. 11.5 Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of Colorado for the purpose of litigating all such claims or disputes. Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. 11.6 Other. This Agreement is accepted upon your use of the Services or by registering to be a User on the Website. This Agreement (which includes the Privacy Policy[hyperlink] and any other rules posted on the Website) and, if you downloaded and/or used the Plug-In, the End User License Agreement that accompanies and governs your use of the Plug-In, constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement by e-mailing us at: 11.7 Copyright/Trademark Information. Copyright © 2008, Lijit. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.