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.

Date of Last Revision: June 1 2011.

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement") derives from the SmallDiscovery Principles,and governs our relationship with users and others who interact with SmallDiscovery. By using or accessing SmallDiscovery, 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 SmallDiscovery 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 SmallDiscovery. 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: 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 SmallDiscovery ("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. We always appreciate your feedback or other suggestions about SmallDiscovery, 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 SmallDiscovery 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 SmallDiscovery.
   2. You will not collect users' content or information, or otherwise access SmallDiscovery, 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 SmallDiscovery.
   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 SmallDiscovery 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 SmallDiscovery to do anything unlawful, misleading, malicious, or discriminatory.
   11. You will not do anything that could disable, overburden, or impair the proper working of SmallDiscovery, such as a denial of service attack.
   12. You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security
   
   SmallDiscovery 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 SmallDiscovery, or create an account for anyone other than yourself without permission.
   2. If we disable your account, you will not create another one without our permission.
   3. You will not use SmallDiscovery if you are under 13.
   4. You will keep your contact information accurate and up-to-date.
   5. 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.
   6. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
   7. 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 SmallDiscovery that infringes or violates someone else's rights or otherwise violates the law.
   2. We can remove any content or information you post on SmallDiscovery 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 SmallDiscovery, the SmallDiscovery Logo), 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 SmallDiscovery) 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 SmallDiscovery.
   9. You will not tag users or send email invitations to non-users without their consent.
6. Payments
   
   If you make a payment on SmallDiscovery, you agree to our Payments Terms.

1. About Advertisements and Other Commercial Content Served or Enhanced by SmallDiscovery
   
   Our goal is to deliver services that are not only valuable to business customers, but also valuable to you as a consumer. In order to do that, you agree to the following:
   1. We do not give your content or information to advertisers without your consent.
   2. You understand that we may not always identify paid services and communications as such.
2. Special Provisions Applicable to Paying Customers 
   
   You can target your specific audience by buying a subscription service on SmallDiscovery.  The following additional terms apply to you if you place an order through our online subscriptions portal ("Order"):
   1. When you place an Order, you will decide which type of service best suits your needs.  We will not change that order nor will we expand your “pages.”  That responsibility will lie with you.
   2. You will pay for your Orders in accordance with our Payments Terms.The amount you owe will be calculated based on our subscription mechanism.
   3. We do not guarantee the activity that your subscription site will receive, such as the number of visits you will get.
   4. You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the subscription service stops running.  You are responsible for paying for those charges.
   5. We can use your subscription site and related content and information for marketing or promotional purposes.
   6. You will not issue any press release or make public statements about your relationship with SmallDiscovery without written permission.
   7. We may reject or remove any subscription service content for any reason.
   8. 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.
3. Amendments
   1. We can change this Statement if we provide you notice by email.   To get notice of any future changes to this Statement, please provide a valid email address when registering.
   2. For changes to 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.
   3. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
4. 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 SmallDiscovery 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 at any time. In all such cases, this Statement shall terminate.
5. 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 SmallDiscovery exclusively in a state or federal court located in Hays County, Texas. The laws of the State of Texas 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 Hays County, Texas for the purpose of litigating all such claims.
   2. If anyone brings a claim against us related to your actions, content or information on SmallDiscovery, 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 SMALLDISCOVERY UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SMALLDISCOVERY "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 SMALLDISCOVERY WILL BE SAFE OR SECURE. SMALLDISCOVERY 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 SMALLDISCOVERY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR SMALLDISCOVERY 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, SMALLDISCOVERY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6. 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 SmallDiscovery (such as advertising or payments) or operate a Platform application or website.
7. Definitions
   1. By "SmallDiscovery" we mean the features and services we make available, including through (a) our website at www.SmallDiscovery.com and any other SmallDiscovery branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins , 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 SmallDiscovery 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 SmallDiscovery that would not be included in the definition of "information."
   5. By "data" we mean content and information that third parties can retrieve from SmallDiscovery or provide to SmallDiscovery through Platform.
   6. By "post" we mean post on SmallDiscovery 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 SmallDiscovery 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.
8. 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 SmallDiscovery, LLC.  References to “us,” “we,” and “our” mean either SmallDiscovery, LLC.
   2. This Statement makes up the entire agreement between the parties regarding SmallDiscovery, 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 SmallDiscovery.

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 SmallDiscovery.
• 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 SmallDiscovery.
• How to Report Claims of Intellectual Property Infringement