Iviago

Terms Of Use

These Terms of Use were last modified on 10/09/09 and are effective immediately.
IVIAGO.COM AGREEMENT - TERMS OF USE
WELCOME TO IVIAGO! PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY
DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND CONSTITUTE A LEGALLY BINDING
AGREEMENT BETWEEN YOU AND IVIAGO REGARDING YOUR USE OF OUR IVIAGO.COM SITE.
Access to this site, the home page of which is located at http://www.iviago.com,
is offered to you, the individual user, by GDE Partners, L.L.C. ('GDE').
These are official terms and conditions ("Terms of Use") and form a legally
binding agreement between you and GDE Partners, L.L.C. ("IVIAGO",
'IVIAGO.COM,' "we", "us", or "our") regarding your use of the IVIAGO Internet
web site located at http://www.iviago.com, as well as the associated web pages
services, features and functions made available by IVIAGO (individually and
collectively, the "IVIAGO Network"). The term "IVIAGO.COM" also
includes any and all IVIAGO branded, equivalent, mirror, replacement,
substitute, successor, or backup IVIAGO websites and web pages and those
containing authorized IVIAGO Content. GDE Partners LLC is a Delaware limited liability
company.
IVIAGO.COM is a muti-media streaming web site featuring music, film, episodic,
video blog and viral video content. IVIAGO.COM is also a social networking
service that allows Members to create unique personal user pages under the
IVIAGO.COM/username umbrella in order to find and communicate with other
IVIAGO.COM Users. IVIAGO.COM is a navigable, three-dimensional universe. By
using the IVIAGO.COM services, you agree to be bound by this agreement, whether
you are a 'Visitor' (which means you simply browse the IVIAGO.COM website) or
you are a 'Member' (which means you have registered with IVIAGO.COM). The term
'User' refers to a Visitor or Member. The words "use" or "using" in this
Agreement, means any time an individual (a "User"), directly or indirectly, with
or without the aid of a machine or device, does or attempts to access, interact
with, use, display, view, download, print or copy from IVIAGO.COM,
transmit, receive or exchange data or communicate with IVIAGO.COM, or in
any way utilizes, benefits, takes advantage of or interacts with any function,
service or feature of IVIAGO.COM, for any purpose whatsoever. This
Agreement does not cover your rights or responsibilities with respect to third
party content or any web sites or links that may direct your browser or your
connection to third party web sites or web pages.
You are only authorized to use the IVIAGO services (regardless of whether your
access or use is intended) if you agree to abide by all applicable laws and to
this Agreement. Please read this Agreement carefully, print it up, and save it
for reference. If you do not agree with it, you should leave the IVIAGO website
and discontinue use of the IVIAGO services immediately. If you wish to become a
Member, communicate with other Members and make use of the IVIAGO services, you
must read this Agreement and indicate your acceptance during the Registration
process.
By using IVIAGO.COM, you understand, acknowledge and agree that you will
abide by and comply with the terms and conditions of our Agreement with you.
When we use the term "Agreement" we mean and are referring to these Terms of
Use, as well as any additional terms and conditions that apply to and govern
your use any features, functions and services we make available to you from time
to time through IVIAGO.COM, any official rules which apply to your participation
in downloads, promotions, contests, sweepstakes, award programs, memberships,
e-mail and/or newsletters ("Rules") and any additional terms and conditions
referred to in any of the foregoing documents. These Terms of Use and our use of
the term "Agreement" also includes our Privacy Policy. All of these are hereby
incorporated into our Agreement with you by this reference and this Agreement
will remain in full force and effect as long as you are a user of IVIAGO.COM,
even if your use of or participation in any particular service,
feature, function or promotional activity terminates, expires, ceases, is
suspended or deactivated for any reason.
Please choose carefully the information you post on IVIAGO.COM and that you
provide to other Users. Your IVIAGO.COM profile may not include the following
items: telephone numbers, street addresses, last names, and any photographs
containing nudity, or obscene, lewd, excessively violent, harassing, sexually
explicit or otherwise objectionable subject matter. Despite this prohibition,
information provided by other IVIAGO.COM Members (for instance, in their
Profile) may contain inaccurate, inappropriate, offensive or sexually explicit
material, products or services, and IVIAGO.COM assumes no responsibility or
liability for this material. If you become aware of misuse of the IVIAGO
Services by any person, please contact IVIAGO.COM at feedback@iviago.com.
Iviago.com reserves the right, in its sole discretion, to reject, refuse to post
or remove any posting (including private messages) by you, or to restrict,
suspend, or terminate your access to all or any part of the IVIAGO services at
any time, for any or no reason, with or without prior notice, and without
liability.
1. ELIGIBILITY
The IVIAGO Network is offered and made available only to users 13 years of age
or older and if you are not yet 13 years old, or your use of our IVIAGO Network
is prohibited or restricted in any way by the laws, regulations or other
governmental requirements of the jurisdiction in which you live or reside, or
if, for any reason and at any time, you do not agree with all of the terms and
conditions contained in these Terms of Use, please discontinue using the IVIAGO
Network immediately because by using or attempting to use the IVIAGO Network,
you certify that you are at least 13 years of age and meet all other eligibility
requirements for your use of the IVIAGO Network.
2. REGISTRATION
There are portions of our IVIAGO Network that we make available to users in the
general public without registering and you may visit and browse those portions
without charge or obligation; provided, however, we reserve the right to make
changes, limit or restrict those portions at any time and from time to time in
our discretion, without notice to you.
In order to access and use certain services, features or functions of the IVIAGO
Network and any interactive feature of the IVIAGO Network, we require users to
register. As part of the registration process, you will need to select and
provide us with a unique user name and choose a password (or we may assign an
initial password which we will give you the option to change) which must form a
unique combination (a "User ID"), and we also request that you provide your
e-mail address, and may request that you provide other information as we may
require. We may also, from time to time and at any time, provide users with
additional codes or passwords necessary to access and use certain services,
features or functions of the IVIAGO Network. Please read our Privacy Policy,
which describes the non-public, personally identifiable information ("Personal
Information") we collect, use, disclose, manage and store. Your User ID is
personal to you and you may not allow any others to use your User ID under any
circumstances. We are not liable for any harm caused or related to the theft or
misappropriation or disclosure of all or any portion of your User ID, disclosure
or your authorization of anyone else to use your User ID. You agree to
immediately notify us if you become aware of or believe there is or may have
been any unauthorized use of (or activity using) your User ID or any other need
to deactivate your User ID due to security concerns.
3. MODIFICATIONS/ DURATION OF AGREEMENT
We reserve the right, at any time and from time to time, for any reason in our
sole discretion, to change the terms of this Agreement. We may, but are not
required to, post or display notices of material changes on the IVIAGO Network
and we may, but are not required to, also e-mail you about these changes. Once
we post them on the IVIAGO Network, these changes become effective immediately
and if you use the IVIAGO Network after they become effective it will signify
your agreement to be bound by the changes. You should check back frequently and
review the terms and conditions of this Agreement regularly so you are aware of
the most current rights and obligations that apply to you and the terms and
conditions of your agreement with us. As you can appreciate, we must also
reserve the right to change, modify, withdraw, suspend or even permanently
discontinue all or any portions of the IVIAGO Network at any time, without any
liability or obligation to you, with or without notice.
This Agreement shall remain in full force and effect while you use the IVIAGO
Services or are a Member. You may terminate your Membership at any time, for any
reason. IVIAGO may terminate your Membership at any time, without warning. Even
after Membership is terminated, this Agreement will remain in effect
4. FEES
You acknowledge that IVIAGO.COM reserves the right to charge for the IVIAGO
Services and to change its fees from time to time in its discretion. If
IVIAGO.COM terminates your Membership because you have breached the Agreement,
you shall not be entitled to the refund of any unused portion of subscription
fees.
5. PASSWORD
When you sign up to become a Member, you will also be asked to choose a
password. You are entirely responsible for maintaining the confidentiality of
your password. You agree not to use the account, username, or password of
another Member at any time or to disclose your password to any third party. You
agree to notify IVIAGO.COM immediately if you suspect any unauthorized use of
your account or access to your password. You are solely responsible for any and
all use of your account.
6. NON-COMMERCIAL USE BY MEMBERS
The IVIAGO Services are for the personal use of Members only and may not be used
in connection with any commercial endeavors except those that are specifically
endorsed or approved by IVIAGO.COM. Illegal and/or unauthorized use of the
IVIAGO Services, including collecting usernames and/or email addresses of
Members by electronic or other means for the purpose of sending unsolicited
email or unauthorized framing of or linking to the IVIAGO Website is prohibited.
Commercial advertisements, affiliate links, and other forms of solicitation may
be removed from Member profiles without notice and may result in termination of
Membership privileges. Appropriate legal action will be taken for any illegal or
unauthorized use of the IVIAGO Services.
7. PROPRIETARY RIGHTS IN CONTENT ON IVIAGO.COM
a) IVIAGO.COM does not claim any ownership rights in the text, files, images,
photos, video, sounds, musical works, works of authorship, or any other
materials (collectively, "Content") that you post to the IVIAGO Services. After
posting your Content to the IVIAGO Services, you continue to retain all
ownership rights in such Content, and you continue to have the right to use your
Content in any way you choose. By displaying or publishing ("posting") any
Content on or through the IVIAGO Services, you hereby grant to IVIAGO.COM a
limited license to use, modify, publicly perform, publicly display, reproduce,
and distribute such Content solely on and through the IVIAGO Services.
Without this license, IVIAGO.COM would be unable to provide the IVIAGO Services.
For example, without the right to modify Member Content, IVIAGO.COM would not be
able to digitally compress music files that Members submit or otherwise format
Content to satisfy technical requirements, and without the right to publicly
perform Member Content, IVIAGO.COM could not allow Users to listen to music
posted by Members. The license you grant to IVIAGO.COM is non-exclusive (meaning
you are free to license your Content to anyone else in addition to IVIAGO.COM),
fully-paid and royalty-free (meaning that IVIAGO.COM is not required to pay you
for the use on the IVIAGO Services of the Content that you post), sublicensable
(so that IVIAGO.COM is able to use its affiliates and subcontractors such as
Internet content delivery networks to provide the IVIAGO Services), and
worldwide (because the Internet and the IVIAGO Services are global in reach).
This license will terminate at the time you remove your Content from the IVIAGO
Services. The license does not grant IVIAGO.COM the right to sell your Content,
nor does the license grant IVIAGO.COM the right to distribute your Content
outside of the IVIAGO Services.
b) You represent and warrant that: (i) you own the Content posted by you on or
through the IVIAGO Services or otherwise have the right to grant the license set
forth in this section, and (ii) the posting of your Content on or through the
IVIAGO Services does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person. You agree to pay
for all royalties, fees, and any other monies owing any person by reason of any
Content posted by you to or through the IVIAGO Services.
c) The IVIAGO Services contain Content of IVIAGO.COM ("IVIAGO.COM Content").
IVIAGO.COM Content is protected by copyright, trademark, patent, trade secret
and other laws, and IVIAGO.COM owns and retains all rights in the IVIAGO.COM
Content and the IVIAGO Services.
The IVIAGO Network, including all content, media and materials, all IVIAGO
software, code, design, text, images, photographs, illustrations, audio and
video material, media files, artwork, graphic material, articles, databases,
proprietary information, writings, spoken statements, music, video recordings,
audio-visual works and recordings, slides, portraits, animated and/or motion
pictures, caricatures, likenesses, vocal or other sounds, sound recordings,
voices, voice reproductions, computer graphics and visual effects, as well as
any accompanying documentation, packaging or other materials, tangible or
intangible, and all copyrightable or otherwise legally protectible elements of
the IVIAGO Network, including, without limitation, the selection, sequence and
'look and feel' and arrangement of items, and all derivative works,
translations, adaptations or variations of same, regardless of the medium,
broadcast medium, format or form, now known or hereinafter developed or
discovered, and regardless of where produced or recorded, on location, in a
studio or elsewhere, in black-and-white or in colors, alone or in conjunction
with other work, characters, real or imaginary, in any part of the world, are
the property of IVIAGO and/or and their Advertisers, licensors, suppliers,
service providers, promotional partners and/or sponsors (all of the foregoing,
individually and/or collectively, is referred to herein as "Content").
Except for Content posted by you, our Content is legally protected, without
limitation, under U.S. Federal and State, as well as applicable foreign laws,
regulations and treaties. Unless the context clearly requires otherwise or we
explicitly say so in writing, the term "IVIAGO Network" includes "Content" as
well.
d) IVIAGO.COM hereby grants you a limited, revocable, nonsublicensable license
to reproduce and display the IVIAGO.COM Content (excluding any software code)
solely for your personal use in connection with viewing the IVIAGO Website and
using the IVIAGO Services. IVIAGO authorizes you to access Content and grants
you the right to use IVIAGO Network solely for your non-commercial,
non-exclusive, non-assignable, non-transferable and limited personal use and for
no other purpose whatsoever. You must not alter, delete or conceal any copyright
or other notices contained on the IVIAGO Network, including notices on any
Content you download, transmit, display, print or reproduce from the IVIAGO
Network. Unless we explicitly and specifically notify you otherwise in writing,
you shall not, nor will you allow any third party (whether or not for your
benefit) to reproduce, modify, create derivative works from, display, perform,
publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate
to any third party (including, without limitation, on or via a third party
website) or otherwise use, any Content without the express prior written consent
of IVIAGO. Any unauthorized or prohibited use of any Content, including use in
contravention of this Agreement, may subject you to civil liability, criminal
prosecution, or both.
You may not use any computerized or automatic mechanism, including without
limitation, any web scraper, spider or robot, to access, extract or download any
Content from the IVIAGO Network, unless you are expressly authorized to do so by
IVIAGO. As an express condition of your use of the IVIAGO Network, you warrant
to IVIAGO that you will not use the IVIAGO Network for any unlawful purpose or
purpose prohibited by this Agreement. If you violate any part of this Agreement,
your permission to use the Content automatically terminates and you must
immediately destroy any copies you have made of any of the Content. IVIAGO makes
no representation that any Content is legal or appropriate for use outside of
the United States or that it is authorized for export from the United States or
for import into any other country. You are solely responsible for complying with
all import and export laws and regulations and all applicable laws of any
jurisdiction inside and outside of the United States from which you may access
the IVIAGO Network.
The brands, names, logos, trade names, trademarks, service marks and other
distinctive identifications ("marks") on or of the IVIAGO Network, including,
without limitation, "IVIAGO" and "IVIAGO.COM", are the intellectual property of
and proprietary to IVIAGO its Advertisers, suppliers and others with whom these
entities may do business. You have no right to use any of these marks or any
confusingly similar marks for any purpose without the express prior written
consent of IVIAGO.
e) The IVIAGO Services contain Content of Users and other IVIAGO.COM licensors.
Except for Content posted by you, you may not copy, modify, translate, publish,
broadcast, transmit, distribute, perform, display, or sell any Content appearing
on or through the IVIAGO Services. We require users to respect our copyrights,
trademarks, and other intellectual property rights and those of others,
including other users. On notice, we will act expeditiously to remove content on
the IVIAGO Network that infringes the copyright rights of others and will
disable the access to the IVIAGO Network and its services of anyone who uses
them to repeatedly infringe the intellectual property rights of others. Specific
procedures to notify us about copyright infringement can be found in Section 12
which describes our Notice and Procedure for Making Claims of Copyright
Infringement.
8. CONTENT POSTED
a) IVIAGO.COM may delete any Content that in the sole judgment of IVIAGO.COM
violates this Agreement or which may be offensive, illegal or violate the
rights, harm, or threaten the safety of any person. IVIAGO.COM assumes no
responsibility for monitoring the IVIAGO Services for inappropriate Content or
conduct. If at any time IVIAGO.COM chooses, in its sole discretion, to monitor
the IVIAGO Services, IVIAGO.COM nonetheless assumes no responsibility for the
Content, no obligation to modify or remove any inappropriate Content, and no
responsibility for the conduct of the User submitting any such Content.
b) You are solely responsible for the Content that you post on or through any of
the IVIAGO Services, and any material or information that you transmit to other
Members and for your interactions with other Users. IVIAGO.COM does not endorse
and has no control over the Content. Content is not necessarily reviewed by
IVIAGO.COM prior to posting and does not necessarily reflect the opinions or
policies of IVIAGO.COM. IVIAGO.COM makes no warranties, express or implied, as
to the Content or to the accuracy and reliability of the Content or any material
or information that you transmit to other Members.
9. CONTENT PROHIBITED
The following is a partial list of the kind of Content that is illegal or
prohibited to post on or through the IVIAGO Services. IVIAGO.COM reserves the
right to investigate and take appropriate legal action against anyone who, in
IVIAGO.COM's sole discretion, violates this provision, including without
limitation, removing the offending communication from the IVIAGO Services and
terminating the Membership of such violators. Prohibited Content includes, but
is not limited to Content that, in the sole discretion of IVIAGO.COM:
a) is patently offensive and promotes racism, bigotry, hatred or physical harm
of any kind against any group or individual;
b) harasses or advocates harassment of another person;
c) exploits people in a sexual or violent manner;
d) contains nudity, violence, or offensive subject matter or contains a link to
an adult website;
e) solicits personal information from anyone under 18;
f) provides any telephone numbers, street addresses, last names, URLs or email
addresses;
g) promotes information that you know is false or misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous;
h) promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
i) involves the transmission of "junk mail," "chain letters," or unsolicited
mass mailing, instant messaging, "spimming," or "spamming";
j) contains restricted or password only access pages or hidden pages or images
(those not linked to or from another accessible page);
k) furthers or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but not limited to
making or buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses;
l) solicits passwords or personal identifying information for commercial or
unlawful purposes from other Users;
m) involves commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, or pyramid schemes;
n) includes a photograph of another person that you have posted without that
person's consent; or
o) for band and filmmaker profiles, uses sexually suggestive imagery or any
other unfair, misleading or deceptive Content intended to draw traffic to the
profile.
The following is a partial list of the kind of activity that is illegal or
prohibited on the IVIAGO Website and through your use of the IVIAGO Services.
IVIAGO.COM reserves the right to investigate and take appropriate legal action
against anyone who, in IVIAGO.COM's sole discretion, violates this provision,
including without limitation, reporting you to law enforcement authorities.
Prohibited activity includes, but is not limited to:
a) criminal or tortious activity, including child pornography, fraud,
trafficking in obscene material, drug dealing, gambling, harassment, stalking,
spamming, spimming, sending of viruses or other harmful files, copyright
infringement, patent infringement, or theft of trade secrets;
b) advertising to, or solicitation of, any Member to buy or sell any products or
services through the IVIAGO Services. You may not transmit any chain letters or
junk email to other Members. It is also a violation of these rules to use any
information obtained from the IVIAGO Services in order to contact, advertise to,
solicit, or sell to any Member without their prior explicit consent. In order to
protect our Members from such advertising or solicitation, IVIAGO.COM reserves
the right to restrict the number of emails which a Member may send to other
Members in any 24-hour period to a number which IVIAGO.COM deems appropriate in
its sole discretion. If you breach this Agreement and send unsolicited bulk
email, instant messages or other unsolicited communications of any kind through
the IVIAGO Services, you acknowledge that you will have caused substantial harm
to IVIAGO.COM, but that the amount of such harm would be extremely difficult to
ascertain. As a reasonable estimation of such harm, you agree to pay IVIAGO.COM
$50 for each such unsolicited email or other unsolicited communication you send
through the IVIAGO Services;
c) covering or obscuring the banner advertisements on your personal profile
page, or any IVIAGO.COM page via HTML/CSS or any other means;
d) any automated use of the system, such as using scripts to add friends or send
comments or messages;
e) interfering with, disrupting, or creating an undue burden on the IVIAGO
Services or the networks or services connected to the IVIAGO Services;
f) attempting to impersonate another Member or person;
g) for band profiles, copying the code for your IVIAGO Player and embedding it
into other profiles or asking other Members to embed it into their profiles;
h) using the account, username, or password of another Member at any time or
disclosing your password to any third party or permitting any third party to
access your account;
i) selling or otherwise transferring your profile;
j) using any information obtained from the IVIAGO Services in order to harass,
abuse, or harm another person;
k) displaying an advertisement on your profile, or accepting payment or anything
of value from a third person in exchange for your performing any commercial
activity on or through the IVIAGO Services on behalf of that person, such as
placing commercial content on your profile, posting blogs or bulletins with a
commercial purpose, selecting a profile with a commercial purpose as one of your
"Top 8" friends, or sending private messages with a commercial purpose; or
l) using the IVIAGO Services in a manner inconsistent with any and all
applicable laws and regulations.
10. RULES OF CONDUCT
Your use of the IVIAGO Network is subject to all applicable local, state,
national laws and regulations and, in some cases, international treaties. You
are solely responsible for all activities, acts and omissions that occur in,
from, through or under your User ID. You shall not use, allow, or enable others
to use the IVIAGO Network, or knowingly condone use of the IVIAGO Network by
others, in any manner that is, attempts to, or is likely to:
· be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually
explicit or sexually suggestive, racially, culturally, or ethnically offensive,
harmful, harassing, intimidating, threatening, hateful, objectionable,
discriminatory, or abusive, or which may or may appear to impersonate anyone
else;
· affect us adversely or reflect negatively on us, the IVIAGO Network, our
goodwill, name or reputation or cause duress, distress or discomfort to us or
anyone else, or discourage any person, firm or enterprise from using all or any
portion, features or functions of the IVIAGO Network, or from advertising,
linking or becoming a supplier to us in connection with the IVIAGO Network;
· send or result in the transmission of junk e-mail, chain letters, duplicative
or unsolicited messages, or so-called "spamming" and "phishing";
· be used for commercial or business purposes, including, without limitation,
advertising, marketing or offering goods or services, whether or not for
financial or any other form of compensation or through linking with any other
website or web pages;
· transmit, distribute or upload programs or material that contain malicious
code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware,
or other potentially harmful programs or other material or information;
· forge any TCP/IP packet header or part of the header information in any e-mail
or newsgroup posting for any reason;
· violate any laws, regulations (including, without limitation, laws regarding
the transmission of technical data or software exported from the United States),
judicial or governmental order, any treaties or violate or infringe upon any
intellectual property rights, rights of publicity or privacy, or any other
rights of ours or of any other person, firm or enterprise;
· gain unauthorized access to the IVIAGO Network, other users' accounts, names,
User IDs, personally identifiable information or other computers, websites or
pages, connected or linked to the IVIAGO Network or to use the IVIAGO Network in
any manner which violates or is inconsistent with the terms and conditions of
this Agreement;
· modify, disrupt, impair, alter or interfere with the use, features, functions,
operation or maintenance of the IVIAGO Network or the rights or use and
enjoyment of the IVIAGO Network by any other person, firm or enterprise; or
· collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or
display any material or information, whether personally identifiable or not,
posted by or concerning any other person, firm or enterprise, in connection with
their or your use of the IVIAGO Network, unless you have obtained the express,
prior permission of such other person, firm or enterprise to do so.
11. PRIVACY
We respect your privacy and the use and protection of your Personal Information.
Please see our Privacy Policy for important information and disclosures relating
to the collection and use of your Personal Information in connection with your
use of the IVIAGO Network. If you have any questions regarding IVIAGO's privacy
practices, you may send your question to us by e-mail to feedback@IVIAGO.COM or
by U.S. mail to IVIAGO Network, L.L.C., 107 S. Meramec, Saint Louis, MO 63105.
12. CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS
You may not post, modify, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information belonging to others
without obtaining the prior written consent of the owner of such proprietary
rights. It is the policy of IVIAGO.COM to terminate Membership privileges of any
Member who repeatedly infringes the copyright rights of others upon receipt of
proper notification to IVIAGO.COM by the copyright owner or the copyright
owner's legal agent. Without limiting the foregoing, if you believe that your
work has been copied and posted on the IVIAGO Services in a way that constitutes
copyright infringement, please provide our Copyright Agent with the following
information: (i) an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest; (ii) a description of the
copyrighted work that you claim has been infringed; (iii) a description of where
the material that you claim is infringing is located on the IVIAGO Services;
(iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made
under penalty of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright
owner's behalf. IVIAGO.COM's Copyright Agent for notice of claims of copyright
infringement can be reached as follows: Copyright Agent, IVIAGO, Inc., 8391
Beverly Blvd., #349, Los Angeles, CA 90048; Facsimile: (310) 969-7394; Attn:
Copyright Agent; and email: ________________________
If you believe the IVIAGO Network contains elements that infringe your
copyrights in your work, please go to the bottom of this document to view and
complete our Notice and Procedure for Making Claims of Copyright Infringement
and follow the procedures described.
If you believe that any Content on the IVIAGO Network (including, without
limitation, any Posting) violates any of the terms or conditions of this
Agreement, please send us a message about it at feedback@IVIAGO.COM. We cannot
guarantee that we will respond to your message and we reserve the right to take
or refrain from taking any or all steps available to us once we receive any such
message.
13. ADVERTISING
From time to time, you may communicate with, receive communications from, be
re-directed to, interact with, or participate in or use the services or obtain
goods and services of or from, third parties such as our advertisers, sponsors,
or promotional partners ("Advertisers") as a result of or in connection with
your use of the IVIAGO Network. All such communication, interaction and
participation is strictly and solely between you and the Advertiser involved and
we shall not be responsible or liable to you in any way in connection with these
activities or transactions (including, without limitation, any representations,
warranties, covenants, contracts or other terms or conditions that may exist
between you and the Advertiser or any goods or services you may purchase or
obtain from any Advertiser).
14. MEMBER DISPUTES
You are solely responsible for your interactions with other IVIAGO.COM Members.
IVIAGO.COM reserves the right, but has no obligation, to monitor disputes
between you and other Members.
15. PROMOTIONS
From time to time, the IVIAGO Network's service providers, suppliers, and
Advertisers may conduct promotions on or through the IVIAGO Network, including,
without limitation, auctions, contests and sweepstakes ("Promotions"). Each
Promotion may have additional Rules which will be posted or otherwise made
available to you and, for purposes of each Promotion, will be deemed
incorporated into and form a part of this Agreement; provided, however, if there
is any conflict between the Rules for any particular Promotion and these Terms
of Use, the Rules shall govern for that Promotion.
16. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or
included anywhere on the IVIAGO Network or any other form of link or
re-direction of your connection to, with or through the IVIAGO Network, does not
constitute an endorsement by, nor does it incur any obligation, responsibility
or liability on the part of IVIAGO or any of its or their respective officers,
directors, employees, agents, representatives, licensors, suppliers, and service
providers, successors and permitted assigns. We do not verify, endorse, or have
any responsibility for, any such third party sites, their business practices
(including the Privacy Statement), or any goods or services associated with or
obtained in connection with any such site, whether IVIAGO's logo or sponsorship
identification is on the third party site as part of a co-branding or
promotional arrangement. If any third party site obtains or collects Personal
Information from you, in no event shall we assume or have any responsibility or
liability. Please read our Privacy Statement, which describes how IVIAGO
collects and uses your Personal Information and co-branding relationships.
17. TERMINATION OF YOUR REGISTRATION
You may terminate your registration and User ID, at any time and for any reason.
We may terminate your use of and registration on the IVIAGO Network, at any time
and for any reason, with or without cause, without prior notice to you and
without any liability or further obligation of any kind whatsoever to you or any
other party.
18. DISCLAIMER AND LIMITATIONS OF LIABILITY
IVIAGO.COM is not responsible for any incorrect or inaccurate Content posted on
the IVIAGO Website or in connection with the IVIAGO Services, whether caused by
Users of the IVIAGO Services or by any of the equipment or programming
associated with or utilized in the IVIAGO Services. Profiles created and posted
by Members on the IVIAGO Website may contain links to other websites. IVIAGO.COM
is not responsible for the Content, accuracy or opinions expressed on such
websites, and such websites are in no way investigated, monitored or checked for
accuracy or completeness by IVIAGO.COM. Inclusion of any linked website on the
IVIAGO Services does not imply approval or endorsement of the linked website by
IVIAGO.COM. When you access these third-party sites, you do so at your own risk.
IVIAGO.COM takes no responsibility for third party advertisements which are
posted on this IVIAGO Website or through the IVIAGO Services, nor does it take
any responsibility for the goods or services provided by its advertisers.
IVIAGO.COM is not responsible for the conduct, whether online or offline, of any
User of the IVIAGO Services.
IVIAGO.COM 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. We are not responsible or liable for any malicious
code, delays, inaccuracies, errors, or omissions arising out of your use of the
IVIAGO Network. You acknowledge and agree that you are assuming the entire risk
of using the IVIAGO Network and the services, features and functions of and/or
associated with the IVIAGO Network. IVIAGO.COM 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 email or players due to technical problems or traffic congestion on the
Internet or on any of the IVIAGO Services 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 IVIAGO
Services. Under no circumstances shall IVIAGO.COM be responsible for any loss or
damage, including personal injury or death, resulting from use of the IVIAGO
Services, attendance at a IVIAGO.COM event, from any Content posted on or
through the IVIAGO Services, or from the conduct of any Users of the IVIAGO
Services, whether online or offline. THE IVIAGO NETWORK AND ALL SERVICES,
FEATURES, FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE MADE AVAILABLE ON AN
"AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND. IN ADDITION,
IVIAGO MAKES AND PROVIDES NO GUARANTY OR ASSURANCE THAT THE IVIAGO NETWORK OR
ANY CONTENT WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES, PRODUCTS,
FEATURES, FUNCTIONS, PRODUCTS, CONTENT OR OPERATIONS WILL BE AVAILABLE OR
PERFORM AS DESCRIBED OR AT ANY PARTICULAR TIME OR TIMES.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO
EVENT SHALL IVIAGO OR ITS RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR
THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS,
REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN
CONNECTION WITH OR ARISING FROM USE OF THE IVIAGO NETWORK OR RELATED TO THIS
AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE
FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
IVIAGO.COM?S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDELESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU TO IVIAGO.COM FOR THE IVIAGO SERVICES DURING THE TERM OF MEMBERSHIP.
Notwithstanding any claim that a sole or exclusive remedy which is provided in
this Agreement may or does fail of its essential purpose, you specifically
acknowledge and agree that your sole and exclusive remedy for any loss or damage
shall be to have IVIAGO, upon written notice from you, attempt to repair,
correct or replace any deficient goods or services under this Agreement and, if
repair, correction or replacement is not reasonably commercially practicable, to
refund any monies actually paid by you for the services and/or Products involved
and to terminate and discontinue your registration and use of the IVIAGO
Network. You further understand and acknowledge the capacity of the IVIAGO
Network, in the aggregate and for each user, is limited and some messages and
transmissions may not be processed in a timely fashion or at all, and some
services, features or functions may be restricted or delayed or become
completely inoperable. As a result, you acknowledge and agree that IVIAGO
assumes no liability, responsibility or obligation to transmit, process, store,
receive or deliver transactions or Postings or for any failure or delay
associated with any Postings and you are hereby expressly advised not to rely
upon the timeliness or performance of the IVIAGO Network for any transactions or
Postings. Some jurisdictions do not allow for the exclusion of certain
warranties or certain limitations on damages and remedies, accordingly some of
the exclusions and limitations described in this Agreement may not apply to you.
19. INDEMNIFICATION
You agree to indemnify, defend and hold IVIAGO and its respective officers,
directors, members, employees, agents, licensors, representatives, Advertisers,
service providers and suppliers harmless from and against any and all claims,
actions, losses, expenses, damages and costs (including reasonable attorneys'
fees), resulting from any breach or violation of this Agreement by you, or
resulting from your Postings or any Content you provide, submit or make
available on or through the IVIAGO Network or your unauthorized use of any
Content.
IVIAGO reserves the right to assume, at its sole expense, the exclusive defense
and control of any such claim or action and all negotiations for settlement or
compromise, and you agree to fully cooperate with IVIAGO in the defense of any
such claim, action, settlement or compromise negotiations, as requested by
IVIAGO.
20. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement, including, without limitation, our Privacy Statement, any Rules
and any additional terms and conditions that apply to your use of any specific
services, features and functions or the purchase of any Products, as well as any
other documents, policies and provisions we refer to in any of the foregoing,
all of which are hereby incorporated by this reference, contains the entire
understanding and agreement between you and IVIAGO and supersedes any and all
prior, inconsistent or other understandings relating to the IVIAGO Network and
your use of the IVIAGO Network. This Agreement cannot be modified, changed or
terminated, except as specifically described in Section 2.
If any provision of this Agreement is held to be illegal, invalid or
unenforceable, this will not affect any other provisions and this Agreement will
be deemed amended to the extent necessary to make it legal, valid and
enforceable. Any provision which must survive in order to allow us to enforce
its meaning shall survive termination of this Agreement; provided, however, no
action arising out of this Agreement or your use of the IVIAGO Network,
regardless of form or the basis of the claim, may be brought by you more than
one year after the cause of action has arisen (or if multiple causes, from the
date the first such cause arose).
This Agreement and your use of the IVIAGO Network shall be governed by,
construed and enforced in accordance with the substantive laws of the State of
Delaware applicable to contracts made, executed and wholly performed in that
State, and, for the purposes of any and all legal or equitable actions, you
specifically agree and submit to the exclusive jurisdiction and venue of the
State and Federal Courts situated in the State of Delaware and County of Dover
and agree you will not object to such jurisdiction or venue on the grounds
of lack of personal jurisdiction, forum non conveniens or otherwise; provided,
however, that notwithstanding the foregoing, you agree that IVIAGO has the right
to commence and prosecute an action against you in connection with this
Agreement, in your home jurisdiction. To the extent it may be applicable, you
agree to opt out from and expressly exclude any applicability of the Uniform
Computer Information Transactions Act.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE
PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE IVIAGO NETWORK OR WITH RESPECT TO
THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR
HEREAFTER POSSESS TO A TRIAL BY JURY.
A printed version of this Agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this Agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in
printed form.
21. OTHER
This Agreement is accepted upon your use of the IVIAGO Website or any of the
IVIAGO Services and is further affirmed by you becoming a Member. This Agreement
constitutes the entire agreement between you and IVIAGO.COM regarding the use of
the IVIAGO Services. The failure of IVIAGO.COM to exercise or enforce any right
or provision of this Agreement shall not operate as a waiver of such right or
provision. The section titles in this Agreement are for convenience only and
have no legal or contractual effect. IVIAGO.com is a trademark of IVIAGO
Network, L.L.C. This Agreement operates to the fullest extent permissible by
law. If any provision of this Agreement is unlawful, void or unenforceable, that
provision is deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions.
Please contact us at privacy@IVIAGO.COM with any questions regarding thisTerms
of Use Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications
of claimed copyright infringement on the IVIAGO Network should be sent ONLY to
our Designated Agent.
NOTE: The following information is provided solely for notifying the service
providers referenced below that your copyrighted material may have been
infringed.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS
FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO
THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT
CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE
CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE
INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY
COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A
RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO
CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): GDE Partners L.L.C.
Name of Agent Designated to Receive Notification of Claimed Infringement: Robert Kasher
Full Address of Designated Agent to Which Notification Should be Sent:
4 Demott Ave Tenafly, NJ 07670 Telephone Number of Designated Agent: 862-598-1099
Facsimile Number of Designated Agent: 416-703-1513
E-mail Address of Designated Agent: rkasher@gdepartners.com
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of
Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized
to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been
infringed;
(3) A description of the material that you claim is infringing, and the location
where the original or an authorized copy of the copyrighted work exists (for
example, the URL of the page of the website where it is lawfully posted; the
name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our
website, including as applicable its URL, so that we can locate the material;
(5) Your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
(7) A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.Video Submission Policy
     
      © 2009 GDE Partners L.L.C.