Effective Date: September 2016
IACP reserves the right to post changes to the TOU on this Site at any time, and by your continuing to use the website thereafter, you agree to be bound by the new version of the TOU. If any TOU changes are not acceptable, you must stop your use of this Site.
Sites and Services
We do not guarantee that access to or use of this Site or any Services will be uninterrupted or error free, and IACP shall not be liable for any feature not being accessible or for any unavailability of its Site and Services. The Site and its features may be expanded, limited or modified at any time by IACP to meet the needs of its users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the Site, without notice. To access some of the content or features of the Site or its Services, users may need to enhance or update the hardware or software in their computer systems. IACP assumes no responsibility for any failure to access the Site or any Services, partially or fully, whether due to the user's system, the Internet network or any other cause.
If you are under 18 you may only use this Site with the active involvement of a parent, guardian or other supervising adult. The Site and Services are not intended for children under 13 years of age, and you may not use the Site or Services or create a user profile, if applicable, if you are under 13. You hereby represent and warrant that you are at least 13 years of age.
Use Site at Own Risk
This Site does not provide individual, customized, or other legal, tax, medical or investment services. Since each individual's situation is unique, a qualified professional should be consulted before making decisions. Moreover, this Site and Services include links to other websites or resources. Because IACP has no control over such sites and resources, you acknowledge and agree that IACP is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which IACP has no control and which will govern your rights and obligations with respect to the use of those websites.
We make no guarantees as to the accuracy, thoroughness or quality of the information on this Site, which is provided only on an “AS-IS” and “AS AVAILABLE” basis at user’s sole risk. This information may be provided by third parties and IACP shall not be responsible or liable for any errors, omissions or inaccuracies in the Site content. The information and strategies provided at this Site are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in certain territories and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the information and Services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial, business, or other purpose. In addition, the opinions and views expressed in any article on this Site are solely those of the author(s) of the article and do not reflect the opinions of IACP, its parent company, its affiliated companies, or its management. The Site content and Services may be modified at any time by us, without advance notice or reason, and IACP shall have no obligation to notify you of any corrections or changes to any Site content.
To offer use of the Site and Services to its users for free, IACP allows advertisers to display advertisements or promotional answers on the Site. Your dealings with advertisers and third party vendors found on or through the Services and/or on the Site, including your participation in promotions, purchase of goods and services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party advertiser or vendor. IACP does not make any representations or warranties with respect to any goods, services or websites that appear in advertisements or promotional answers, and you agree that IACP will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, through advertisers and/or third party vendors. You understand that there is an inherent risk in submitting content to the Site and/or Services, and that any communications may be subject to interception by a third party.
You acknowledge that IACP is a provider of interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. § 230, and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider of the Site.
License to Use Content
All right, title and interest to the content displayed on the Site, including but not limited to the Site’s look and feel, data, information, text,
graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are
the property of IACP, or respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. Any such content
may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast
or circulate any such material without the written permission of IACP or the appropriate affiliate. You are not granted any other license or right
(including by implication, by estoppel or otherwise), with respect to the Site, Services, or any content accessible through the Site or Services. Any
rights not expressly granted in these TOU are reserved by IACP.
In your use of the Site and Services, you agree to comply with all applicable laws including those regarding the transmission of technical data exported from the United States or the country in which you reside.
Third Party Content
Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through this Site by third parties (“Third Party Content”) is solely that of the respective providers and IACP does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of the user to evaluate Third Party Content and IACP shall not be liable for any damage or loss caused by users’ reliance on or other use of Third Party Content.
Materials Posted by users
By posting, sending, or submitting any material, communication, and the like, you will be (a) granting IACP a world-wide fully paid-up non-exclusive license to allow your materials, communications, and the like to be edited and displayed by IACP on its Site and elsewhere, and accessed by users, for the purposes and on the terms in these TOU, (b) agreeing to indemnify and hold harmless IACP and its users from any claim or demand made by any third party due to or arising out of your materials, communication, and the like, and (c) representing that you own or otherwise have the right to post the materials, communication, and the like, that the materials, communication, and the like are accurate, that use of the materials, communication, and the like on the IACP Site does not violate any laws, rules, or regulations, and that the materials, communication, and the like will not cause injury to any person. IACP shall have the right to use your name in connection with your posted materials, communication, and the like.
IACP does not guarantee that files available for downloading through its Site will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Advertisers Are Not Endorsed
Though we seek to partner with quality companies, we are not responsible for the claims or representations made by advertisers, sponsors, and the like. IACP does not necessarily endorse or recommend the products or services of any company mentioned on our Site. We will not be liable in any way for damages of any kind resulting out of the misuse of any personal information or data submitted by you to an advertiser or sponsor.
As a convenience to users, the IACP Site and Services may provide links to other sites or resources. Because we do not review or have no control over such sites and resources, IACP shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by IACP of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Site. The information available on third parties’ websites may have certain restrictions on its use or distribution which differ from these TOU.
Password Protected Areas
Some areas of the IACP Site ("Password Protected Areas") may be password protected and available only to users who are registered with IACP to have an account. Registration may require users to fully complete the account registration process. IACP reserves the right to deny or revoke registration or access to Password Protected Areas for any user. IACP takes reasonable measures to ensure the security of the Password Protected Areas, if any but cannot guarantee the absolute security of information or communications in such Password Protected Areas. Users are responsible for maintaining the security of the password they receive from IACP, if any and must notify us if they believe that the security of their password or account, if any has been breached or subject to unauthorized use. IACP will not be liable for any loss or liability incurred as a result of an unauthorized person using a user's password, if any.
The following activities are strictly prohibited:
· Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;
· Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the Site or Services;
· Interfere with or disrupt the Site functionalities, Services, or servers and networks connected to Site, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site;
· Modify the Site or Services in any manner or form , or use modified versions of the Site or Services, including (without limitation) for the purpose of obtaining unauthorized access to the Site or Services;
· Reproduce, print, cache, store or distribute content retrieved from the Site or Services in any way, for any commercial use without the prior written permission of IACP;
· Sell, assign, sublicense, or otherwise transfer any right in the Services or content accessible through the Site;
· Access the Site or Services by any means other than through the interface that is provided by IACP;
· Violate the restrictions in any robot exclusion headers on the Site or in the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Site or Services;
· Collect or store personal data about other users of the Site or Services;
· Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
· Use the Site or Services to violate any law (whether local, state, national, or international), whether or not intentionally;
· Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (“Spamming”);Postings for any unlawful or fraudulent purpose (including links);Posting of personal information (for yourself or anyone else); Phishing; Posting materials containing viruses or other malicious or destructive code;
· Posting any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way;
· Harming or threatening to harm anyone in any way;
· “Stalking” or otherwise harassing any other person or entity;
· Impersonating any person or entity (including an IACP agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with any person or entity;
· Disseminating or transmitting any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies; or post any material that contains software viruses or any other computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
· Manipulating identifiers in order to disguise the origin of any question, answer or comment you post on the Site; and/or
· Posting any content that would violate the personal privacy rights of others, including but not limited to revealing personal or private information about others without their permission; or
When you visit our Site or send us email, our responses to your communications may be by e-mail. IACP will have the right to disclose any email sent by a user, or any objectionable material, to comply with legal process or to protect the rights or property of IACP, its customers, suppliers, third parties, and users.
Although IACP offers services in many parts of the world, certain IACP services may not be available in or suitable for certain countries or locales. We reserve the right to discontinue or to make changes to, any of our Services at any time without advance notice.
Modifications to the Services
IACP reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Services (or any part thereof) with or without notice. You agree that IACP will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Services.
DISCLAIMER OF WARRANTIES
THE SITE AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. IACP IS NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITE. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IACP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT WITH RESPECT TO THE USE OF THIS WEBSITE AND ITS SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE. IACP MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE. ANY MATERIAL OBTAINED BY YOU THROUGH USE OF THE SITE OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OR USE OF ANY THIRD PARTY SOFTWARE OR MATERIAL
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT IACP, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM:
- THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES,
- THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES,
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA,
- THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE,
- RELIANCE ON CONTENT OR POSTINGS ON THE SITE, INCLUDING WITHOUT LIMITATION IN ANY COMMUNITY, OR
- ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.
THESE LIMITATIONS WILL APPLY WHETHER OR NOT IACP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
EXCLUSION OF LIMITATIONS AND DISCLAIMERS
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS IACP'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold IACP, its subsidiaries, and affiliates, and their officers, directors, employees and agents, harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) any content you post to the Site or otherwise display or transmit through the Services, (b) your use of or reliance on the Site or Services, (c) your connection to the Site or Services, (d) your violation of these TOU or the Additional Terms, or (e) your violation of any rights of another party.
Copyright and Trademark Protection
All contents of this Site are: Copyright (c) 2016 IAC Publishing, LLC All rights reserved. The logos, marks, product and service names that appear throughout the Site (the “IACP Marks) belong to IACP and are protected by U.S. and international trademark laws. You agree not to display or use the IACP Marks in any manner without IACP’s prior written permission. To seek permission to use any of the IACP Marks, please contact IACP in writing at the following address:
IAC Publishing, LLC
Attention: Legal Department
555 12th Street, Suite 400
Oakland, CA 94607
Notice for Claims of Copyright Infringement
IACP respects the intellectual property rights of others and requires those that visit the Site and use the Services to do the same. IACP may, in appropriate circumstances and at our discretion, remove or disable access to material on the Site or Services that infringes upon the copyright rights of others. IACP also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the Site or users of our Services repeatedly infringe on others’ copyrights, IACP may in its sole discretion terminate those individuals’ rights to use the Site and/or Services pursuant to our Digital Millennium Copyright Act repeat infringer policy.
If you believe that your work has been used on IACP’s Site or in connection with its Service in any manner that constitutes copyright infringement, please notify IACP’s copyright agent by written notice. The notice should include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
- Identification of the location on the Site or Services of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
- A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.
The contact information for IACP’s copyright agent for notice of claims of copyright infringement on the Site and/or in connection with the Services is:
Copyright Agent, Attn: Legal Department,
555 12th Street, Suite 400
Oakland, CA 94607
Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS
ARBITRATION IS DIFFERENT FROM COURT; THE RULES, INCLUDING DISCOVERY ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT.
- General. Except as otherwise provided in this section, by using the Site and Services, you and IACP agree to submit any disputes arising from the use of the Site or Services or any interpretation, violation, non-performance, termination or invalidity of these TOU or this arbitration provision (including questions of its formation and enforceability) to final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association, which can be found here, by one or more arbitrators appointed in accordance with those Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state of California as set forth in the section entitled “General” below. You agree to submit to binding arbitration in either San Francisco, California or your county of residence. IACP will agree to commence arbitration in your county of residence. At your written request, IACP will consider any requests to advance or reimburse any arbitration filing fee, or administrative and hearing fees that you are required to pay to pursue a claim in arbitration. The arbitrator will decide who will ultimately be responsible for paying those fees. In no event will you be required to reimburse IACP for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the claim had been resolved in court. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
- Class Action Waiver . Any proceedings to resolve any dispute will be conducted solely on an individual basis. Neither you nor IACP will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration proceeding may be combined with another without the prior written consent of all parties to the applicable proceeding.
- NO RIGHT TO JURY TRIAL FOR ARBITRAL CLAIM. YOU AND IACP ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS SECTION 16 IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, IACP, OR IACP INDEMNIFIED PARTIES, BOTH YOU AND IACP STILL AGREE TO WAIVE TRIAL BY JURY FOR THAT ARBITRAL CLAIM. BY USING THE SITE AND/OR SERVICES, YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL.
- Exception . Notwithstanding the parties’ decision to resolve all disputes through arbitration, this agreement does not preclude claims by IACP to enforce its intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage. Neither party is precluded from seeking relief in a court located in San Francisco, for provisional remedies, including temporary restraining order, preliminary injunctions, and receiverships, pending arbitration or comprehensive litigation, to the extent authorized in this section.
These TOU, and any applicable terms of service, constitute the entire agreement between each user and IACP governing the user's access to and use of the Site and its Services, and supersede all prior agreements regarding its subject matter. The TOU shall be governed by the laws of California without giving effect to any principles of conflicts of laws. Each user hereby agrees to the jurisdiction of the courts of San Francisco, California. The failure by IACP to exercise any right or to enforce any provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of the TOU will remain in full force and effect. You agree that, except for IACP and as otherwise expressly provided in these TOU, there shall be no third party beneficiaries to this agreement. The section titles in this TOU are for convenience only and have no legal or contractual effect. It is the express will of IACP and each user that the TOU and any applicable terms of service have been prepared in English.
IAC Publishing, LLC
555 12th Street, Suite 400
Oakland, CA 94607