Last Updated: February 17, 2011
A. Your use of the Website. Unless otherwise expressly provided in these Terms, the Content and Services on this Website are for Your personal, informational, and non-commercial use, and You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any such Content or Services without prior written permission from IFYC. As a condition of Your use of the Content or Services, You agree that You will not use the Content or Services for any purpose that is unlawful or contrary to these Terms. You may not use the Content or Services in any manner that could damage, disable, overburden, or impair the Content or Services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with the Content or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Content or Services. IFYC reserves the right, in its sole discretion, to terminate Your access to the Services or any portion thereof at any time, without notice.
This Website is intended solely for users who are 13 years of age or older. By using the Website, You represent and warrant that You are 13 or older, and that You agree to and to abide by all of the Terms. If You are younger than eighteen (18) years of age, your use of the Services and access to the Website is subject to the consent of Your parent or legal guardian.
IFYC has no obligation to monitor the Services or Content. However, IFYC reserves the right to review materials posted to the Services and to remove or edit any materials or Content in its sole discretion. You agree to use the Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Service. You understand that by using the Website, You may be exposed to Content from others that is offensive, indecent or objectionable.
You agree that IFYC would be irreparably harmed by the use, by You or others, of the Website or the Services in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms, and that IFYC is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). IFYC reserves the right at all times to disclose any information as IFYC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in IFYC's sole discretion.
B. Services. Certain of the Services provide an opportunity for users to interact with each other through message boards, blogs and other forums. Anyone can view these Services without registering with IFYC. However, prior to posting any messages or other Content in such forums, You must register with IFYC and open an account. If You register with IFYC, You must complete the registration process by providing IFYC with true, current, complete and accurate information, and You will maintain and promptly update such information to keep it true, current, complete and accurate. During the registration process You will choose or be provided a username and password. You are responsible for maintaining the confidentiality of Your username and password. You are also responsible for any and all activities that occur under Your account, and agree to notify IFYC immediately of any unauthorized use of Your account or any other breach of security. IFYC will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You may not use anyone else's account at any time. If You provide any information that is false, inaccurate, out of date, or incomplete, or IFYC has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, IFYC may suspend or terminate Your account and refuse any and all current or future use of the Services or any portion thereof.
C. Content You Submit. You are solely responsible for all Content that You upload, post or otherwise transmit via the Website or the Services. You agree not to upload, post or otherwise transmit via the Website or the Services Content that: (i) includes unauthorized disclosure of personal information; (ii) is unlawful, inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to IFYC or other users of the Website; (iii) 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; or (iv) violates or infringes anyone's intellectual property rights.
Always use caution when giving out any personally identifiable information about, or pictures or videos of, Yourself or Your children in any Services. IFYC does not control or endorse the content, messages or information found in any Services and, therefore, IFYC specifically disclaims any liability with regard to the Services and any actions or inactions resulting from Your participation in any Services.
IFYC does not claim ownership of the Content You place on the Website and shall have no obligation of any kind with respect to such Content. IFYC shall be free to use or disseminate any Content You make available to IFYC or on publicly accessible areas of the Website on an unrestricted basis for any purpose, and You hereby grant IFYC and all other users of the Website an irrevocable, perpetual, worldwide, transferable, sublicensable (through multiple tiers of sublicensees), royalty-free, fully paid up, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell, publish and otherwise exploit such Content (including in digital form). You represent and warrant that You have proper authorization for the worldwide transfer and processing among IFYC and its affiliates of any Content that You may provide on the Website.
IFYC WILL TREAT ANY MESSAGE BOARD POSTINGS, FEEDBACK, EMAILS OR SUGGESTIONS YOU PROVIDE TO US AS NON-CONFIDENTIAL AND NON-PROPRIETARY. IF YOU CHOOSE TO USE YOUR REAL NAME, YOUR NAME WILL BE AVAILABLE TO, AND VIEWABLE BY, ANYONE USING THE WORLD WIDE WEB AND/OR USING A SEARCH ENGINE. YOU ARE NOT REQUIRED TO USE YOUR REAL NAME AND THE DECISION TO DO SO IS MADE AT YOUR SOLE DISCRETION.
You agree to indemnify, defend and hold IFYC, and its subsidiaries, affiliates, officers, managers, members, agents, co-branders, partners, licensors, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party relating to or arising out of Your Content, Your use of the Website, Your connection to the Website, Your violation of the Terms, or Your violation of any rights of another related to Your use of the Website.
D. Changes to the Terms and Services. IFYC may wish to update or change the terms, conditions, and notices for the Website or the Services from time to time to reflect changes in the Website or the Services, changes in the laws affecting the Website or the Services, or for other reasons. You understand that IFYC reserves the right to make these changes and that You are responsible for regularly reviewing these terms, conditions, and notices. Continued access to or use of the Website or the Services after any such change shall constitute Your consent to such change. IFYC may provide notice to You via email, regular mail, or posting notices or links to notices on the Website. IFYC reserves the right at any time to modify, suspend or terminate the Services or Content (or any part thereof), and/or Your use of or access to them, with or without notice. IFYC will not be liable to You or any third party for any modification, suspension, or termination of the Services or Content, or loss of related information.
E. Third Party Links. This Website may provide a link to other sites by allowing users to leave this Website to access third-party material or by bringing the third-party material into this site via “inverse” hyperlinks and framing technology (each a “Linked Website”). IFYC has no discretion to alter, update, or control the content on a Linked Website, and is not responsible if any Linked Website is not working appropriately. IFYC is not responsible for webcasting or any other form of transmission received from Linked Websites. IFYC is providing these links to You as a convenience only, and the fact that IFYC has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in using, retrieving, or relying upon any information found on the internet, and IFYC urges You to make sure You understand these risks before using, retrieving, or relying upon any such information from a Linked Website. IFYC will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any Linked Website.
F. Disclaimer of Warranties; Limitation of Liability. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE SERVICES AND CONTENT, IS PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. IFYC DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IFYC MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
TO THE FULL EXTENT PERMITTED BY LAW, IFYC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, SERVICES, OR CONTENT EVEN IF IFYC HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (i) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (ii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (iii) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IFYC'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
G. Notice for Making Claims of Copyright Infringement. IFYC will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this Website: email@example.com.
H. General Terms. Illinois law and controlling U.S. federal law govern any action related to the Terms and/or Your use of the Website. Choice of law rules will not apply to any dispute under the Terms. You and IFYC agree to submit to the personal and exclusive jurisdiction of the courts located within Cook County, Illinois, U.S.A. Rights and obligations under these Terms which by their nature should survive will remain in full effect after termination or expiration of these Terms. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions will not in any way be affected or impaired. These Terms set forth the entire agreement between You and IFYC, and supersedes all prior agreements, whether written or oral, with respect to the Website, Services, and Content, notwithstanding the terms or conditions of any such prior agreements. You may not assign or otherwise transfer any rights or obligations under these Terms without the prior express written consent of IFYC, and any attempted assignment without such written consent will be void and of no force or effect. IFYC has the right to assign, delegate or otherwise transfer any rights or obligations under these Terms to any third party at any time.
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