Terms of Use
1. Acceptance of Terms/User Agreement
Ipiqi welcomes you. The Ipiqi service and network (collectively, "Ipiqi Service" or the "Service") are operated by Ipiqi Inc. (collectively, "Ipiqi", "us", "we", "our", or the "Company"), a Delaware Corporation. Ipiqi provides its service to you subject to the following Terms of Use Agreement ("Terms of Use", "TOU" or "Agreement"), which may be changed or modified by us from time to time without notice to you. Ipiqi offers a collection of online resources, which may include, but is not limited to forums, various communications tools, personalized content, personal profiles, Ipiqi mobile services, and any other features, content, or applications offered from time to time by Ipiqi in connection with Ipiqi's business which may be accessed through any various medium or device now known or hereafter developed (the "Service"). By accessing, registering, or using this website (collectively, including all content and functionality available through the Ipiqi.com domain name, the "Ipiqi Website", "Website", or "Site"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use, whether or not you are registered with Ipiqi ("Member"). The term "User" includes but is not limited to Members of Ipiqi ("Membership"). You can accept the Terms of Use by clicking to accept or agree to the TOU, where this option is made available to you by Ipiqi in the user interface for any Service; or by actually using the Service. In this case, you understand and agree that Ipiqi will treat your use of the Service as acceptance of the Terms of Use from that point onwards. In addition, when using particular Ipiqi services, you agree to abide by any applicable posted guidelines for all Ipiqi services, which may change from time to time. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Ipiqi to provide the Service. You also understand and agree that the Service may include certain communications from Ipiqi, such as service announcements, administrative messages and the Ipiqi Newsletter, and that these communications are considered part of being a User and you may or may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Ipiqi properties, shall be subject to the TOU. You are responsible for obtaining access to the Service, and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. If you do not agree to abide by the terms and conditions in this and any future Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with Ipiqi in any way, your only recourse is to immediately discontinue use of Ipiqi. Ipiqi has the right, but is not obligated to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
2. Modifications to this
Agreement
Ipiqi reserves the right, at our sole discretion, to
change, modify or otherwise alter these terms and conditions at any
time. Such modifications shall become effective immediately
upon the posting thereof. The Terms of Use completely replace
any prior agreements between you and Ipiqi in relation to the
Service. You must review this Agreement on a regular basis to
keep yourself apprised of any changes. You understand and agree
that if you use the Service after the TOU have changed, Ipiqi will
treat your use as acceptance of the updated Agreement. You can
find the most recent version of the TOU at:
www.ipiqi.com/termsofuse
3. Eligibility
The Site and Service is not intended for use by persons under the age of eighteen (18) or under the applicable age of majority in your jurisdiction. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In consideration of your use of some aspects of the Site and Service, you must register to be a Member of Ipiqi ("Membership"). The Site contains a variety of information, data, text, posts, messages, files, software, music, sound, photographs, graphics, images, video, tags, and other materials (the "Content") that Users of the Site post. Please note that some Content may be considered by some to be inappropriate for minors. However, Ipiqi does not verify the age of its Users, and does not have the ability to block minors from the Site. In order to protect minors from such content, you can retain a third party service provider to block inappropriate content from displaying on your web browser. Ipiqi does not and cannot endorse the quality and capabilities of such services.
4.
Termination
The Company has the right (but not the obligation)
to terminate your Membership, block your electronic mail address or
internet protocol address, delete your profile and any content or
information that you have posted on the Site and/or prohibit you from
using or accessing the Service or the Site (or any portion, aspect or
feature of the Service or the Site) for any reason including, without
limitation, if Ipiqi believes that you have acted inconsistently with
the letter or spirit of the TOU or other incorporated agreements or
guidelines, or for no reason, at any time in its sole discretion,
with or without notice and without liability. Furthermore, you agree
that Ipiqi shall not be liable to you or any third party for any
termination of your account or access to the Site or Service.
Further, you agree not to attempt to use the Service after said
termination. This Agreement, and any posted revision to this
Agreement, shall remain in full force and effect while you are a User
of the Ipiqi Service. Even after you are no longer a User or
your Ipiqi Membership is terminated, this Agreement will remain in
effect, including but not limited to the provisions of Copyright,
Licenses, User Content and Idea Submissions, Indemnification, Waiver,
Release, and Limitation on Liability.
5. Potential Fees
The Ipiqi Services are currently provided without charge to you; however, Ipiqi reserves the right to charge you for any or all of the Ipiqi Services currently provided for free and to change its fees (if any) from time to time in its discretion at any time upon thirty (30) days prior written notice to you. If Ipiqi terminates your Ipiqi Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
6. User
Conduct
You understand that the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You agree not to forge headers or otherwise manipulate identifiers in order to falsify the origin of any Content transmitted through or to the Site. You agree not to use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. You agree not to use automated scripts to collect information from or otherwise interact with the Service or the Site. You agree not to upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You agree not to post any Content that consists of instructional information on illegal activities, including but not limited to, hacking, cracking, and breaking. You agree not to upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including addresses, phone numbers, electronic mail addresses, Social Security numbers and credit card numbers or any other information that you do not have a right to post or that you have agreed not to post. You agree not to solicit passwords or personally identifying information for commercial or unlawful purposes. You agree not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. You agree not to use or attempt to use another's account, service or system without authorization from the Company. You agree not to impersonate any person or entity including but not limited to an Ipiqi employee, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity. In addition, you agree not to use the Service or the Site to harvest or collect electronic mail addresses or other contact information of other Users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
You agree not to disseminate off-topic messages in the forums, including but not limited to messages of direct commercial promotion of any product, service, web site, forum, or venture, or to post headings or any Content that does not relate to the associated post or that misrepresents the contents of the associated post. You agree not to disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other Users' ability to engage in close to real time exchanges. You agree not to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
You agree not to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You agree not to upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law. Among other things, you agree not to post Content that that violates laws relating to sexually explicit material, that infringes the rights of any third party (including intellectual property and privacy or publicity rights), that is defamatory, or that constitutes hate speech under applicable law.
Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable material you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Service.
If you wish to report content that violates these guidelines, you may do so by sending us a letter or emailing userconduct@ipiqi.com. You agree that the determination of whether to take any action on such reports shall be made by ipiqi in its sole discretion. You agree that ipiqi makes no warranty, express or implied, that it will take any particular action, or any action whatsoever, in response to such reports.
Ipiqi cannot and does not guarantee that it will read your report, or respond to it, in any particular time frame, or at all.
7. Use of the
Ipiqi Service
The Ipiqi Service is for personal use and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Ipiqi. Ipiqi reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Ipiqi Service, including but not limited to collecting usernames, user id numbers, and/or electronic mail addresses of Users (including Members) by electronic or other means for the purpose of sending unsolicited electronic mail or unauthorized framing of or linking to the Ipiqi Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from the Site including Member profiles without notice or explanation and may result in termination of User privileges including but not limited to Ipiqi Membership. Ipiqi reserves the right to take appropriate legal action for any illegal or unauthorized use of the Ipiqi Service.
8. User
Disputes
You are solely responsible for your interactions with other Ipiqi Users. Ipiqi reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users, or between Users and any third party. If there is a dispute between Users on the Site, you understand and agree that Ipiqi is under no obligation to become involved. In the event that you have a dispute with one or more other Users or any third party, you hereby release Ipiqi, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
9. User
Content Posted on the Site
You understand that all text,
posts, messages, files, software, music, sound, photographs,
graphics, images, video, tags, and other materials ("Content")
posted on, transmitted through, or linked from the Service, are the
sole responsibility of the person from whom such Content originated.
More specifically, you, the User, are entirely responsible for each
individual item ("Item") of Content that you post,
electronically mail or otherwise make available via the Service.
You understand that Ipiqi does not control, and is not responsible
for Content made available through the Service, and that by using the
Service, you may be exposed to Content that is offensive, indecent,
inaccurate, misleading, or otherwise objectionable.
You
are solely responsible for the Content, photos, profiles (including
your name, user name, image, and likeness), messages, notes, text,
information, music, video, and other materials that you upload,
publish or display on or through the Site or Service, or transmit to
or share with other Users. You may not post, transmit, or share
Content on the Site or Service that you did not create or that you do
not have permission to post. You understand and agree that the
Company may, but is not obligated to, review the Site and may delete
or remove (without notice) any Content in its sole discretion, for
any reason or no reason, including Content that in the sole judgment
of the Company violates this Agreement or which might be offensive,
illegal, or that might violate the rights, or harm or threaten the
safety of Users or others. Ipiqi assumes no responsibility for
monitoring the Ipiqi Services for inappropriate Content or conduct.
The Site contains Content that Users of the Service post.
Please use caution and common sense when viewing the Site. You
understand and agree that any Content is the exclusive responsibility
of the person who posted it, and that you will be solely responsible
for any Content that you post via the Service. You acknowledge
that Ipiqi is not responsible for, does not control, does not endorse
and does not verify the Content posted to the Site or available
through the Site or Service, and that Ipiqi makes no guarantee
regarding the reliability, accuracy, legitimacy or quality of any
such Content. You agree that you will bear any and all risk of
reliance on the accuracy, validity or legitimacy of such Content.
You agree that Ipiqi has no obligation to monitor the reliability,
accuracy, legitimacy or quality of such Content, nor to enforce any
standards (including those standards described in the TOU or in any
applicable posted guidelines on the Site) in connection with such
Content. Under no circumstances will Ipiqi be liable in any way
to you for any Content, including but not limited to any errors or
omissions in any Content, or any loss or damage of any kind incurred
as a result of the use or existence of or exposure to any Content
posted or otherwise transmitted via the Site or Service.
10.
On-Line Agreement
Your participation in
the Site, including but not limited to your participation in forums,
occurs in real time and is not edited, censored, or otherwise
controlled by Ipiqi. Ipiqi cannot and does not screen Content
on the Site. Notwithstanding the foregoing, Ipiqi reserves the right
to monitor Content on the Site and to remove Content, which Ipiqi in
its sole discretion, determines to be harmful, offensive, or
otherwise in violation of this Agreement.
You acknowledge that
Ipiqi does not pre-screen Content. You agree that Ipiqi is
under no obligation to review all Content, or any Content, on any
regular schedule or at all. You agree that Ipiqi shall have the
right (but not the obligation) to re-arrange, remove and/or restrict
access to any Content on the Site at any time in its sole discretion,
for any reason or for no reason. By using the site, you agree that Ipiqi shall have no obligation to monitor content on the site or to delete content from the site, even if Ipiqi is notified that such content violates this agreement.
11. Proprietary
Rights in Site Content; Limited License
By posting, uploading, or otherwise putting Content on the Site, you grant (or warrant that the owner of such rights has expressly granted) Ipiqi and/or our relevant affiliated companies the irrevocable, worldwide, fully paid, perpetual, nonexclusive right to use your questions, comments, postings and Content, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that the Content you have posted, including our use of said Content in its original or edited form in any medium now known or later developed will not infringe the rights of any third party. You further represent, warrant, and guarantee that by putting Content on the Site, you are not violating any obligation owed by you to any third party, including without limitation obligations of confidentiality, privacy, or attribution. Additionally, you warrant that any "moral rights" in posted materials have been waived.
With respect to any Content (including but not limited to any news, reviews, entertainment, commentary, information, or other text) that you put on the Site, you hereby grant Ipiqi a perpetual, royalty free and non-exclusive license to publish your Content on the Site or on any other website or in any other media throughout the universe. Ipiqi may reproduce, modify, adapt, distribute and/or publish any of the Conent you put on the Site for any reason, in any media, at any time. For example, Ipiqi may utilize the Content you put on the Site for online or offline advertising which promotes Ipiqi or the Site, without any royalty or payment being owed to you. Similarly, Ipiqi may license the Content you put on the Site to third parties, without any royalty or payment being owed to you.
Although Ipiqi does not claim ownership of Content that its Users put on the Site, by making Content available via the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Ipiqi an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by putting Content on the Site or otherwise making Content available via the Service, you automatically grant Ipiqi all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Ipiqi ID), use of the Service, or access to the Service.
You are not entitled to any compensation for any Content that you put on the Site or otherwise make available via the Service.
12. Protecting
Copyrights and Other Intellectual Property
Users of Ipiqi must
respect the intellectual property rights of others. You may not
upload, embed, post, electronically mail, transmit or otherwise make
available any material that infringes any copyright, patent,
trademark, trade secret or other proprietary rights of any person or
entity.
13. Notification of Alleged Copyright
Infringement and the Digital Millennium Copyright Act ("DMCA")
Materials may be made available via the Service or Site by third parties not within our control. We are under no obligation to, and do not, scan Content used in connection with the Site for the inclusion of illegal or impermissible materials. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site. When we receive proper Notification of Alleged Copyright Infringement as described below, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act.
If you believe that your own copyrighted work is accessible on the Ipiqi Site or Service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. ¤ 512(c)(3) that at a minimum contains: a) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing the URL(s) of the claimed infringing material satisfies this requirement); c) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; d) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; e) And a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; f) And the physical or electronic signature of the owner of the copyright or a person authorized to act on the owner's behalf.
Notification of claimed infringement can be made electronically by clicking on and completing this Form.
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Ipiqi customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
You may also submit
your Notification of Alleged Copyright Infringement to our Copyright
Agent by E-mail as set forth below:
Ipiqi Copyright Agent
E-Mail: copyright@ipiqi.com
Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that Content on our Site and/or Service is copyright infringing. Filing a false form on this page constitutes perjury.
Upon receiving a proper Notification of Alleged Copyright Infringement as described in the TOU, we will remove or disable access to the allegedly infringing material.
Counter-Notice.
If you believe that the Content you made available via the Site or Service was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post the material, or if you believe your own copyrighted material has been removed from our Site and/or Service as a result of a mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. ¤ 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: a) Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled (URL); b) A statement that you consent to the jurisdiction of the Federal Court in Baltimore, Maryland; c) A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party's agent; d) Your name, address, telephone number, and electronic mail address; e) A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material; f) Your physical or electronic signature.
You may submit your
Counter Notification using this Form,
or send it to our Designated Agent by E-Mail as set
forth below:
Ipiqi Copyright Agent
E-Mail: copyright@ipiqi.com
If you send us a valid, written Counter Notification meeting the requirements described above, Ipiqi may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed materials or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, Member or User, the removed material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the Counter-Notice, at Ipiqi's sole discretion
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false form on this page constitutes perjury.
14. Ipiqi's
Proprietary Rights
You acknowledge and agree that the Service and any necessary Software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Ipiqi or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Ipiqi grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not and do not allow any third party to: copy, modify, create a derivative work from, reverse engineer, reverse assemble, use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site/Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You may not attempt to gain unauthorized access to any portion or feature of the Site or Service, or any other systems or networks connected to the Site or to any server used by Ipiqi, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means. You agree not to access the Service by any means other than through the interface that is provided by Ipiqi for use in accessing the Service. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other User or Member of the Site, including any Ipiqi account which is not yours, to its source, or to exploit the Site or any service or information made available or offered by or through the Site.
The Content, as well as but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of said Content, contained on the Site is owned, controlled, or licensed by or to Ipiqi, and may be protected by various other intellectual property rights which may include but not be limited to trade dress, copyright, patent and trademark laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium now known or hereafter developed for publication or distribution or for any commercial enterprise, without Ipiqi's express prior written consent.
15. Trademarks
Company's trademarks and other types of intellectual property protected by proprietary rights and laws may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
16. Posting
Agents
A "Posting Agent" is a third party agent,
service, or intermediary that offers to post Content to the Service
on behalf of others. To keep true to the vision of Ipiqi as an
online community of individuals, you may not use a Posting Agent to
post Content to the Service without express permission or license
from Ipiqi. Correspondingly, Posting Agents are not permitted
to post Content on behalf of others, to cause Content to be posted in
said manner, or otherwise access the Service to facilitate the
posting of Content on the behalf of others, except with express
permission or license from Ipiqi.
17. No Spam Policy
You
understand and agree that sending unsolicited advertisements to
electronic mail addresses or Users accessed via the Site or Service,
or through Ipiqi computer systems is expressly prohibited by these
Terms of Use. Spam includes but is not limited to putting
Content on the Site that constitutes or contains "affiliate
marketing," "link referral code," "junk
mail," "spam," "chain letters,"
"pyramid schemes," or unsolicited commercial
advertisement. Any unauthorized use of Ipiqi computer systems
is a violation of these Terms of Use and certain federal and state
laws, including without limitation the Computer Fraud and Abuse Act
(18 U.S.C. å¤ 1030 et seq.). Such violations may
subject the sender and his or her agents to civil and criminal
penalties.
Ipiqi does not waive any rights by the failure to
enforce this No Spam policy in every instance in which it might
apply.
18. User Profiles
The Company may offer a
feature whereby Users of the Site can share their Ipiqi User profile
with others or post to your own profile ("User Profile"
or "Profile"), videos, articles and other Third Party
Applications, Software or Content from, and/or links to, Third Party
Sites through the Service. You acknowledge and agree that your
use of the User Profile including but not limited to all links, Third
Party Applications, Software or Content shared through your profile
is subject to, and will fully comply with the user conduct rules and
the other terms and conditions set forth in these Terms of Use.
19.
Use of Profile Links by Online Publishers
Subject to the terms and conditions of
these Terms of Use, Third Party sites that meet the requirements set
forth below may place an Ipiqi Profile Link (as described below),
solely in the form approved by Company, on pages of their web sites
to facilitate use of the Ipiqi Profile share link ("Profile
Link"). A Third Party site that posts a Profile Link on
its web site is referred to herein as an "Online Publisher"
and shall abide by and be subject to the applicable sections of these
Terms of Use. A "Profile Link" is a button and/or a
text link appearing on an Online Publisher's web page that,
upon being clicked by a user, enables us to launch a sharing
mechanism through which Users can share their Profiles with others,
which may include but not be limited to the ability to post on a
User's own profile.
In the event that the Profile Link
is a button that contains any icons or other graphic images,
trademarks or other proprietary materials of the Company, Online
Publisher is granted permission to use such images, trademarks or
other materials solely for the purpose of placing the Profile Link on
Online Publisher's site and solely in the current form provided
by the Company. In the event that the Profile Link is a text
link, it must include the word "Ipiqi" as part of the
link. The rights granted in this paragraph may be revoked by Company
at any time with or without cause in its sole discretion, and upon
such termination, Online Publisher agrees to immediately remove all
Profile Links from its site.
In order for an Online Publisher
to include a Profile Link on its pages, the Third Party Site must not
contain any web content that if shared or posted by a User would be a
violation of the User Conduct rules set forth in these Terms of Use.
Without limiting the foregoing, Online Publisher agrees not to post a
Profile Link on any web site that contains any content that is
infringing, harmful, threatening, unlawful, defamatory, abusive,
inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or
invasive of privacy or publicity rights or that may expose Company or
its users to any harm or liability of any type. Upon including
of a Profile Link, Online Publisher agrees to defend, indemnify and
hold the Company, its subsidiaries and affiliates, and each of their
directors, officers, agents, contractors, partners and employees,
harmless from and against any and all loss, liability, claim, demand,
damages, costs and expenses, including attorney's fees, arising
out of or in connection with such Profile Link, any links, content or
other items or materials which may be shared or posted through such
Profile Link, or any breach or alleged breach of the foregoing
representations and warranties.
By
including a Profile Link, Online Publisher automatically grants, and
represents and warrants that it has the right to grant, to the
Company an irrevocable, perpetual, non-exclusive, transferable, fully
paid, worldwide license (with the right to sublicense) to use the
Ipiqi Profile Link service in order to link to, use, copy, publish,
stream, publicly perform, publicly display, reformat, translate,
excerpt (in whole or in part), summarize, and distribute the content,
links and other materials of any kind residing on any web pages on
which Online Publisher places the Profile Link.
20. Third Party
content, sites, and services
The Ipiqi Site, and Content available
through the Service may contain features and functionalities that may
link you or provide you with access to Third Party content such as
but not limited to articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software and
other materials, which is completely independent of Ipiqi, including
but not limited to websites, directories, servers, networks, systems,
information and databases, applications, software, programs, products
or services, and the Internet as a whole. Such Third Party
sites and all the materials or content contained or accessed through
Third Party sites or services are not investigated, monitored or
checked for accuracy, appropriateness, or completeness by us, and we
are not responsible for any Third Party sites or services accessed
through the Site. We are not responsible for any Third Party
items or materials including but not limited to applications,
software or content posted on, available through or installed from
any site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices or other policies of or contained in
the Third Party sites or service. Inclusion of, linking to or
permitting the use or installation of any Third Party site or service
including but not limited to applications, software or content does
not imply approval or endorsement thereof by us. If you decide
to access the Third Party site or service or content or to use or
install any Third Party items, including but not limited to
applications, software or content, you do so at your own risk.
Your interactions with Third Parties, Users, organizations, and/or
individuals found on or through the Service, including for the
payment and delivery of goods or services, and any other terms,
conditions, warranties or representations associated with such
dealings, are solely between you and such Third Parties,
organizations, Users and/or individuals. You should make
whatever investigation you feel necessary or appropriate before
proceeding with any online or offline transaction with any of these
parties.
You agree that Ipiqi shall not be responsible
or liable for any loss or damage of any sort incurred as the result
of any such dealings. If there is a dispute between
participants on this Site, or between Users and any Third Party, you
understand and agree that Ipiqi is under no obligation to become
involved. In the event that you have a dispute with one or more
other Users, you hereby release Ipiqi, its officers, employees,
agents and
successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of
or in any way related to such disputes and/or our Service.
The provisions in the TOU including but not limited to Indemnification, and Waiver, Release and Limitation of Liability are for the benefit Ipiqi and its officers, directors, employees, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
21.
Advertisements
The Site and Service are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Site and Service, User queries made through the Service or other information. The manner, mode and extent of advertising and targeted advertising by Ipiqi on the Site and Service are subject to change at any time without notice to you. In consideration for Ipiqi granting you access to and use of the Ipiqi Site and Service, you agree that Ipiqi may place such advertising and targeted advertising on the Site and Service. Your correspondence or business dealings with advertisers found on or through the Site or Service, or participation in the promotions of advertisers found on or through the Site or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Ipiqi shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, advertising, and targeted advertising on the Ipiqi Site and Service.
22. Interstate nature
of communication on Ipiqi
As a User of the Ipiqi Site/Service,
you acknowledge that in using the Ipiqi Service to send electronic
communications (including but not limited to forum posts, electronic
mail, search queries, uploading photos and files, and other Internet
activities), you will be causing communications to be sent through
the computer networks used by Ipiqi, portions of which are located in
the United States and portions of which may be located abroad.
As a result, and also as a result of the network architecture and
business practices of the Ipiqi Service as well as the nature of
electronic communications, even communications that seem to be
intrastate in nature can result in the transmission of interstate
communications regardless of where you are physically located at the
time of transmission. Accordingly, by agreeing to these Terms
of Use, you acknowledge that use of the Site/Service can result in
interstate data transmissions.
Ipiqi may save your
communications including forum posts and conversations on the servers
used by Ipiqi. This may mean that you can access and search
your communications from any computer with access to the internet.
Whether or not you use this feature, other Users may choose to use
it. Your agreement to this TOU constitutes your consent to
allow Ipiqi to, at its sole discretion, store these communications on
the servers used by Ipiqi. Recognizing the global nature of the
Internet, you also agree to comply with all local rules regarding
online conduct and acceptable Content. Specifically, you agree
to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in
which you reside. Software used in connection with the Ipiqi
Service (the "Software") is further subject to United
States export controls. No Software may be downloaded from the
Ipiqi Service or otherwise exported or re-exported in violation of
U.S. export laws. Downloading or using the Software is at your
sole risk.
23. Use and Storage
You understand that through your use of the Site and Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Ipiqi and its affiliates.
You acknowledge that Ipiqi may establish general practices and limits concerning use of the Service, including but not limited to the maximum size of any electronic mail message or forum post that may be posted, sent from or received by a User on the Service, the maximum number of electronic mail messages or forum postings that may be posted, sent from or received by a User on the Service, and without limitation the maximum number of days that electronic messages, forum postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on the servers used by Ipiqi on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site and/or Service in a given period of time. You agree that Ipiqi has no responsibility or liability for the deletion or failure to store any postings, messages and other communications or other Content of any sort maintained or transmitted by the Service. You acknowledge that Ipiqi reserves the right to log off Users who are inactive for an extended period of time. You further acknowledge that Ipiqi reserves the right to modify these practices and these TOU and limits from time to time for any reason.
We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our Service. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our Users to update or correct their personal information whenever necessary.
24. Disclaimer
of Warranties
You agree that your use of the Ipiqi website shall be at your sole risk. To the fullest extent permitted by law, Ipiqi, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Ipiqi makes no warranties or representations about the accuracy, security, timeliness, performance or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content and/or omissions in any content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website or service; (iii) any unauthorized access to or use of the servers used by Ipiqi and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from our website; (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party; (vi) or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, electronically mailed, or otherwise made available via the Ipiqi website or service. Ipiqi assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Ipiqi is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any electronic mail or players due to technical problems or traffic congestion on the Internet or on the Ipiqi site or Service or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Ipiqi Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. Under no circumstances shall Ipiqi be responsible for any loss or damage, including personal injury or death, resulting from use of the Ipiqi Service, attendance at an Ipiqi event, from any User Content posted on or through the Ipiqi Service, or from the conduct of any Users of the Ipiqi Service, whether online or offline.
The Ipiqi site and service is provided on an "as is" and "as available" basis. Ipiqi and its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Any material or content downloaded or otherwise obtained through the use of the site or service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such material. Ipiqi cannot guarantee and does not promise any specific results from use of the Ipiqi service. The content provided by users of the site does not necessarily reflect the opinions or policies of Ipiqi. Additionally, no advice or information, whether oral or written, obtained by you from Ipiqi or through or from the service shall create any warranty not expressly stated in the tou.
Ipiqi does not warrant, endorse, guarantee, or assume any responsibility whatsoever for any product or service advertised or offered by a third party through the Ipiqi website or service, or any linked or hyperlinked website, or any product or service featured in any banner or other advertising, and Ipiqi will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services. Inclusion of any linked websites on the Ipiqi service does not imply approval or endorsement of the linked website by Ipiqi. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Ipiqi. The company reserves the right to change any and all content including but not limited to software and other items used or contained in the site and any services offered through the site at any time without notice. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. Nothing in these terms shall exclude or limit Ipiqi's warranty or liability for losses which may not be lawfully excluded or limited by applicable law.
25. Licenses
and Idea Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or information about or related to the Site or the Service provided by you ("Submissions") to Ipiqi are non-confidential and shall become the sole property of Company. By providing Submissions including but not limited to submitting ideas, suggestions, documents, and/or proposals to Ipiqi, you acknowledge and agree that your Submissions do not contain confidential or proprietary information. You acknowledge and agree that Ipiqi may have something similar to your Submissions already under consideration or in development and that your Submissions automatically become the property of Ipiqi without any obligation whatsoever of Ipiqi to you. You acknowledge and agree that Ipiqi shall be entitled to use or disclose (or choose not to use or disclose) your Submissions for any purpose, in any way, in any media worldwide. You acknowledge and agree that Ipiqi shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation or reimbursement of any kind whatsoever from Ipiqi under any circumstances.
26. Governing
Laws, Venue and Jurisdiction
This Agreement is governed by the laws of the State of Maryland, without regard to its conflict of law provisions, and you hereby consent to the exclusive personal jurisdiction of the state and federal courts in Baltimore, Maryland, USA for any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to this Agreement. If such dispute does not fall within the jurisdiction of the United States federal courts, then the exclusive venue for such action shall be the Court of Appeals of the State of Maryland, Maryland, USA. You hereby waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and you waive any statutory or other right pursuant to international laws or treaties, or the laws of the jurisdiction in which you reside, to have a case relating to this Agreement adjudicated or resolved in that jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
27.
Limitation on Liability
You hereby release and forever waive any and all claims you may have against the company, its officers, directors, employees, subsidiaries, affiliates, partners, licensors or agents, information providers or suppliers including but not limited to claims based upon the negligence of the company, its officers, directors, employees, subsidiaries, affiliates, partners, licensors or agents, information providers or suppliers for losses or damages you sustain in connection with your use of the Ipiqi site or service.
Notwithstanding the foregoing paragraphs, Ipiqi's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you for the particular information or service provided by Ipiqi, but in no case will the company's liability to you exceed $1000. You acknowledge that if no fees are paid to company for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from company, regardless of the cause of action. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
28. Indemnity
You agree to defend, indemnify and hold harmless Ipiqi, its officers, directors, employees, partners, licensors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (I) your use of and access to the Ipiqi Site or Service; (II) your violation of any terms or conditions of these Terms of Use or your violation of any rights of another; (III) your violation of any third party right, including without limitation any copyright, property, or privacy right; (IV) any claim that any Items you put on the Site, submitted or otherwise made available via the Service caused damage to a third party; (V) and/or any activity related to your Ipiqi account or use of the Ipiqi Site or Service, including but not limited to infringement of third parties' worldwide intellectual property rights, or negligent or wrongful conduct by you or any other person or entity accessing the Ipiqi Site or Service using your Ipiqi account. This defense and indemnification obligation will survive these Terms of Use and your use of the Ipiqi Site or Service.
