IPR International Website
Terms of Use
1. ACCEPTANCE OF TERMS
Welcome to IPR International's Website (IPR). This website
provides its service to you, subject to the following
Terms of Usage (TOU), which may be updated by us from
time to time without notice to you. You can review
the most current version of the TOU at any time. In
addition, when using particular IPR services, you and
IPR shall be subject to any posted guidelines or rules
applicable to such services which may be posted from
time to time. All such guidelines or rules are hereby
incorporated by reference into the TOU. IPR also may
offer other services from time to time, such as IPR
Store or Message Boards which may involve additional
Terms of Services (TOS).
2. DESCRIPTION OF SERVICE
IPR currently provides users with access to a rich collection
of information and resources, including, various communications
tools, forums, shopping services, personalized content
and branded programming through its website (the "Service").
You also understand and agree that the Service may
include advertisements and that these advertisements
are necessary for IPR to provide the Service. Unless
explicitly stated otherwise, any new features that
augment or enhance the current Service, including the
release of new IPR properties, shall be subject to
the TOU. You understand and agree that the Service
is provided "AS-IS" and that IPR assumes
no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization
settings.
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.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree
to: (a) provide true, accurate, current and complete
information about yourself as prompted by 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 IPR
has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, IPR
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).
4. CONTENT
You acknowledge that IPR does not pre-screen Content,
but that IPR 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, IPR and its
designees shall have the right to remove any Content
that violates the TOU 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 IPR or submitted
to IPR, including without limitation information in
IPR Message Boards and in all other parts of the Service.
You acknowledge and agree that IPR 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 TOU; (c) respond
to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety
of IPR, 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.
5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
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.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION
ON THE SERVICE
IPR does not claim ownership of Content you submit or
make available for inclusion on the Service. However,
with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service,
you grant IPR the following world-wide, 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 IPR Message
Boards, 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 specific IPR Service to which such Content
was submitted or made available. This license exists
only for as long as you elect to continue to include
such Content on the Service and will terminate at the
time you remove or IPR removes such Content from the
Service.
* With respect to photos, graphics, audio or video
you submit or make available for inclusion on publicly
accessible area of the IPR Services, the license to use,
distribute, reproduce, modify, adapt, publicly perform
and publicly display such Content on the Service solely
for the purpose for which such Content was submitted
or made available. This license exists only for as long
as you elect to continue to include such Content on the
Service and will terminate at the time you remove or
IPR removes such Content from the Service.
* With respect to Content other than photos, graphics,
audio or video you submit or make available for inclusion
on publicly accessible areas of the Service, 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 IPR network of properties that
are intended by IPR to be available to the general public.
By way of example, publicly accessible areas of the Service
would include IPR Message Boards and portions of IPR
that are open to both members and visitors. However,
publicly accessible areas of the Service would not include
portions of IPR Message Boards that are limited to members,
IPR services intended for private communication, or areas
off of the IPR network of properties such as portions
of World Wide Web sites that are accessible through IPR
but are not hosted or served by IPR.
7. INDEMNITY
You agree to indemnify and hold IPR, and its subsidiaries,
affiliates, officers, 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 TOU, or your
violation of any rights of another.
8. NO RESALE OF SERVICE
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.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that IPR may establish general practices
and limits concerning use of the Service, including
without limitation the maximum number of days that
email messages, message board postings or other uploaded
Content will be retained by the Service, the maximum
number of email 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 IPR 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 IPR 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 IPR reserves the right to log off accounts that
are inactive for an extended period of time. You further
acknowledge that IPR reserves the right to change these
general practices and limits at any time, in its sole
discretion, with or without notice.
10. MODIFICATIONS TO SERVICE
IPR 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 IPR shall not be liable to you or to
any third party for any modification, suspension or
discontinuance of the Service.
11. TERMINATION
You agree that IPR, in its sole discretion, may terminate
your 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 if IPR believes that
you have violated or acted inconsistently with the
letter or spirit of the TOU. IPR 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 TOU may be effected
without prior notice, and acknowledge and agree that
IPR 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 IPR shall not be liable
to you or any third-party for any termination of your
access to the Service.
12. DEALINGS WITH ADVERTISERS
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 such advertiser.
You agree that IPR 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.
13. LINKS
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because
IPR has no control over such sites and resources, you
acknowledge and agree that IPR 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 IPR 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.
14. IPR'S PROPRIETARY RIGHTS
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 IPR 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.
15. DISCLAIMER OF WARRANTIES
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.
IPR 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. IPR 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 IPR OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IPR 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 IPR 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.
17. EXCLUSIONS AND LIMITATIONS
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 MAY NOT APPLY TO YOU.
18. NOTICE
Notices to you may be made via either email or regular
mail. The Service may also provide notices of changes
to the TOU or other matters by displaying notices or
links to notices to you generally on the Service.
20. TRADEMARK INFORMATION
IPR International, LLC and other logos and product and
service names are trademarks of IPR (the " IPR
Marks"). Without IPR's prior permission, you agree
not to display or use in any manner, the IPR Marks.
21. COPYRIGHTS and COPYRIGHT AGENTS
IPR respects the intellectual property of others, and
we ask our users 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
IPR '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.
IPR 's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as
follows:
By email:
inforequest@iprintl.com
22. GENERAL INFORMATION
The TOU constitute the entire agreement between you and
IPR and govern your use of the Service, superceding
any prior agreements between you and IPR. 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 TOU and the relationship
between you and IPR shall be governed by the laws of
the Commonwealth of Pennsylvania without regard to
its conflict of law provisions. You and IPR agree to
submit to the personal and exclusive jurisdiction of
the courts located within the Commonwealth of Pennsylvania.
The failure of IPR to exercise or enforce any right
or 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, 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 TOU 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 TOU
must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only
and have no legal or contractual effect.
23. VIOLATIONS
Please report any violations of the TOU to inforequest@iprintl.com. |
