i2art Terms of Service
i2art provides its service to you, subject to the following Terms
of Service ("TOS"), which may be updated by us from time
to time without notice to you. You can review the most current version
of the TOS at any time at: http://www.i2art.com/tos.php
In
addition, when using particular i2art services, you and i2art shall
be subject to any posted guidelines or rules applicable to such
services which may be posted from time to time. All such rules or
guidelines are hereby incorporated by reference into the TOS.
i2art
also may offer other services from time to time, such as the i2art
mart that is or may be regulated by an added or separate Terms of
Services.
i2art currently provides users with access to a rich collection
of resources, including, various communications tools, forums, shopping
services, personalized content and branded programming through its
network of properties (the "Service"). Unless explicitly
stated otherwise, any new features that augment or enhance the current
Service, including the release of new i2art properties, shall be
subject to the Terms of Service ("TOS"). You understand
and agree that the Service is provided "AS-IS" and that
i2art assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings.
You understand and agree that the Service may include advertisements
and that these advertisements are necessary for i2art to provide
the Service and may include certain communications from i2art, such
as service announcements, administrative messages and the i2art
Newsletter, and that these communications are considered part of
i2art membership and you will not be able to opt out of receiving
them.
You
are responsible for obtaining access to the internet to use the
Service and that access may involve third party fees (such as ISP,
phone 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. Please be aware that i2art may
create certain areas on the Service that contain adult or mature
content. You must be at least 18 years of age to access and view
such areas.
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself
on the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or incomplete,
or i2art has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, i2art has the
right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof).
Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, see our full privacy
policy at http://www.i2art.com/privacy.php
You will receive a user name, password and account designation upon
completing the Service's registration process. You are responsible
for maintaining the confidentiality of the user name, password and
account, and are fully responsible for all activities that occur
under your user name password or account. You agree to (a) immediately
notify i2art of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. i2art cannot and will not
be liable for any loss or damage arising from your failure to comply
with this Section 6.
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content
originated. This means that you, and not i2art, are entirely responsible
for all Content that you upload, post, email, transmit or otherwise
make available via the Service. i2art does not control the Content
posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using
the Service, you may be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will i2art be liable in
any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of
any kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- a.
upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
-
b. harm minors in any way;
-
c. impersonate any person or entity, including, but not limited
to, a i2art official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person
or entity;
-
d. forge headers, code or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted through
the Service;
-
e. upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any
law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure
agreements);
-
f. upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
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g. upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation,
except in those areas (such as i2art mart or auctions) that are
designated for such purpose;
-
h. upload, post, email, transmit 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;
-
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, Spam,
flood or otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges;
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j. 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;
-
k. intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
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l. "stalk" or otherwise harass another; or
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m. collect or store personal data about other users.
You acknowledge that i2art does not pre-screen Content, but that
i2art and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that is available
via the Service. Without limiting the foregoing, i2art and its designees
shall have the right to remove any Content that violates the TOS
or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely on
any Content created by i2art or submitted to i2art, including without
limitation information in i2art Forums, Message Boards and in all
other parts of the Service. You acknowledge and agree that i2art
may preserve Content and may also disclose Content if required to
do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to:
- (a)
comply with legal process;
- (b)
enforce the TOS;
- (c)
respond to claims that any Content violates the rights of third-parties;
or
- (d)
protect the rights, property, or personal safety of i2art, its
users and the public.
You
understand that the technical processing and transmission of the
Service, including your Content, may involve
- (a)
transmissions over various networks; and
-
(b) changes to conform and adapt to technical requirements of
connecting networks or devices.
Recognizing the global nature of the Internet, you 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.
Content you submit or make available for inclusion on publicly accessible
areas of the Service, you grant i2art the following worldwide, royalty
free and non-exclusive license(s), as applicable: With respect to
Content you submit or make available for inclusion on publicly accessible
areas of i2art the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content on the
Service solely for the purposes of providing and promoting the service
to which such Content was submitted or made available. With respect
to photos, graphics,text, audio or video you submit or make available
for inclusion on publicly accessible area of the Service the license
to use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on the Service for the purpose for
which such Content was submitted or made available.You agree to
grant i2art the perpetual, irrevocable and fully sublicensable license
to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content (in whole or
in part) and to incorporate such Content into other works in any
format or medium now known or later developed. "Publicly accessible"
areas of the Service are those areas of the i2art network of properties
that are intended by i2art to be available to the general public.
However, publicly accessible areas of the Service would not include
portions of i2art Forums and i2art Groups that are limited to members,
i2art services intended for private communication, or areas off
of the i2art network of properties such as portions of World Wide
Web sites that are accessible through i2art but are not hosted or
served by i2art.
You
agree to indemnify and hold i2art, and its subsidiaries, management
team, affiliates, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you
submit, post, transmit or make available through the Service, your
use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
You
agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of
the Service, or access to the Service.
You acknowledge that i2art may establish general practices and limits
concerning use of the Service, including without limitation the
maximum number of days that email or messages, message board , forum
postings or other uploaded Content will be retained by the Service,
the maximum number of messages that may be sent from or received
by an account on the Service, the maximum size of any email message
that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on i2art's servers
on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given period
of time. You agree that i2art has no responsibility or liability
for the deletion or failure to store any messages and other communications
or other Content maintained or transmitted by the Service. You acknowledge
that i2art reserves the right to log off accounts that are inactive
for an extended period of time or that subscriptions have lapsed
without notification. You further acknowledge that i2art reserves
the right to change these general practices and limits at any time,
in its sole discretion, with or without notice.
i2art reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that i2art shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
You agree that i2art, in its sole discretion, may terminate your
user name, password, account (or any part thereof) or use of the
Service, and remove and discard any Content within the Service,
for any reason, including, without limitation, for lack of use or
lapse of subscription or if i2art believes that you have violated
or acted inconsistently with the letter or spirit of the TOS. i2art
may also in its sole discretion and at any time discontinue providing
the Service, or any part thereof, with or without notice. You agree
that any termination of your access to the Service under any provision
of this TOS may be effected without prior notice, and acknowledge
and agree that i2art may immediately deactivate or delete your account
and all related information and files in your account and/or bar
any further access to such files or the Service. Further, you agree
that i2art shall not be liable to you or any third-party for any
termination of your access to the Service.
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the 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 the advertiser. You agree
that i2art 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 on the Service.
The Service may provide, or third parties may provide, links to
other Web sites or internet resources. Because i2art has no control
over such sites and resources, you acknowledge and agree that i2art
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 further acknowledge
and agree that i2art shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
You
acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") 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 advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by i2art 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. i2art 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 of, reverse engineer, reverse assemble 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, or to use
modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through
the interface that is provided by i2art for use in accessing the
Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
I2ART EXPRESSLY DISCLAIMS 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.
b. I2ART MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM I2ART OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT I2ART SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF I2ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally
on the Service. Notices from you to us must be sent by registered
or certified United States mail, postage and charges prepaid, return
receipt requested.
i2art, the i2art logo, i2art in trademarks and service marks, and
other i2art logos and product and service names are trademarks of
i2art LLC. (the "i2art Marks"). Without i2art's prior
permission, you agree not to display or use in any manner, the i2art
Marks.
i2art respects the intellectual property of
others, and we ask our members to do the same. If you believe that
your work has been copied in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated,
please provide i2art's Copyright Agent the following information:
1. An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other intellectual
property interest; 2. A description of the copyrighted work or other
intellectual property that you claim has been infringed;3. A description
of where the material that you claim is infringing is located on
the site; 4. Your address, telephone number, and email address;5.
A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the
law;6. A statement by you made under penalty of perjury, that the
above information in your Notice is accurate and that you are the
copyright or intellectual property owner or authorized to act on
the copyright or intellectual property owner's behalf. i2art's Agent
for Notice of claims of copyright or other intellectual property
infringement can be reached as follows email:
legal@i2art.com
The
TOS constitute the entire agreement between you and i2art and govern
your use of the Service, superceding any prior agreements between
you and i2art. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content
or third-party software. The TOS and the relationship between you
and i2art shall be governed by the laws of the State of Florida
without regard to its conflict of law provisions. You and i2art
agree to submit to the personal and exclusive jurisdiction of the
courts located within the counties of Lee and Collier, Florida.
The failure of i2art to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the TOS remain in
full force and effect. 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 TOS must be filed within
one (1) year after such claim or cause of action arose or be forever
barred. The section titles in the TOS are for convenience only and
have no legal or contractual effect.
Please
report any violations of the TOS to abuse@i2art.com.
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