IGLUED
TERMS OF USE
Welcome to
IGLUED.COM, which is provided by IGLUED LLC (either "we" or
"us"). These Terms of Use govern your use of the websites, content,
software and services offered through IGLUED.COM (collectively,
"IGLUED.COM").
YOUR AFFIRMATIVE
ACT OF USING IGLUED.COM SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE,
YOU CONSENT TO THE INFORMATION PRACTICES DISCLOSED IN THE IGLUED PRIVACY POLICY, AND YOU
CONSENT TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF
YOU DO NOT AGREE, DO NOT USE IGLUED.COM.
1.
CHANGES
TO THE TERMS OF USE.
We may change
these Terms of Use at any time. You can review the most current version of
these terms by clicking on the "Terms of Use" hypertext link located
at the home page IGLUED.COM. You are responsible for checking these terms
periodically for changes. If you continue to use IGLUED.COM after we post
changes to these Terms of Use, you are signifying your acceptance of the new
terms.
2.
ADDITIONAL
TERMS.
Certain areas of
IGLUED.COM, such as sites where you can upload or download files, may include
usage guidelines and rules that will supplement these Terms of Use. By using
those services on IGLUED.COM, you agree to comply with such guidelines and
rules.
3.
PRIVACY
POLICY.
The IGLUED Privacy Policy explains the
practices that apply to your information when you use IGLUED.COM. Your ongoing
use of IGLUED.COM signifies your consent to the information practices disclosed
in our Privacy Policy. You can review the Privacy Policy by clicking on the "Privacy
Policy" link located on the home page of IGLUED.COM.
4.
CHANGES
TO IGLUED.COM.
We may
discontinue or change any service or feature on IGLUED.COM at any time and
without notice.
5.
ACCESS
COSTS.
You must provide
at your own expense the equipment and Internet connections that you will need
to access and use IGLUED.COM. If you access IGLUED.COM through a telephone
line, please call your local phone company to determine if the access numbers
you select are subject to long distance or other toll charges at your location.
Also, if you access IGLUED.COM through wireless applications (e.g., cell
phones), your carrier, such as a wireless carrier, may charge fees for alerts,
web browsing, messaging and other services that require the use of airtime and
wireless data services. Check with your carrier to verify whether there are any
such fees that may apply to you. You are solely responsible for any costs you
incur to access IGLUED.COM through any wireless or other communication service.
6.
YOUR
RESPONSIBILITIES.
You may use
IGLUED.COM for lawful purposes only. You may not submit or transmit through
IGLUED.COM any material, or otherwise engage in any conduct that:
(1) violates or
infringes the rights of others including, without limitation, patent,
trademark, trade secret, copyright, publicity or other proprietary rights,
(2) is unlawful,
threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another's privacy, tortious, or contains explicit or graphic
descriptions, or accounts of, sexual acts,
(3) victimizes,
harasses, degrades, or intimidates an individual or group of individuals on the
basis of religion, gender, sexual orientation, race, ethnicity, age, or
disability,
(4) impersonates
any person, business or entity, including IGLUED and its employees and agents,
(5) contains
viruses or any other computer code, files or programs that interrupt, destroy
or limit the functionality of any computer software or hardware or
telecommunications equipment, or otherwise permit the unauthorized use of a
computer or computer network,
(6) encourages
conduct that would constitute a criminal offense, or that gives rise to civil
liability,
(7) violates
these Terms of Use, guidelines or any policy posted on IGLUED.COM, or
(8) interferes
with the use of IGLUED.COM by others.
You may not use
IGLUED.COM in any manner that could damage, disable, overburden, or impair our
servers or networks, or interfere with any other party's use and enjoyment of
IGLUED.COM. You may not attempt to gain unauthorized access to any services,
user accounts, computer systems or networks, through hacking, password mining
or any other means. We may take any legal and technical remedies to prevent the
violation of this provision and to enforce these Terms of Use.
7.
NO
SPAM.
You may not use
IGLUED.COM or any of our communication tools to transmit, directly or
indirectly, any unsolicited bulk communications (including e-mails and instant
messages). You may not harvest information about our users for the purpose of
sending, or to facilitate the sending, of unsolicited bulk communications. You
may not induce or allow others to use IGLUED.COM to violate the terms of this
section. We may terminate your access or use of IGLUED.COM immediately and take
any other legal action if you, or anyone using your access to IGLUED.COM,
violates these provisions. We may take any technical remedies to prevent
unsolicited bulk communications from entering, utilizing, or remaining within
our computer or communications networks.
8.
PROPRIETARY
RIGHTS.
We, our
suppliers, and our users who lawfully post text, messages, information,
software, images, audio and video ("Content") on IGLUED.COM own the
property rights to that Content. The Content is protected by international
treaties, and by copyright, trademark, patent, and trade secret laws and other
proprietary rights. For example, we own a copyright in the selection,
organization, arrangement, and enhancement of the Content, as well as in our
original Content. The look and feel of our color combinations, button shapes,
and other graphical elements on IGLUED.COM are our trademarks.
9. LICENSE
TO USE IGLUED.COM.
You may use
IGLUED.COM and the Content offered on IGLUED.COM only for personal,
non-commercial purposes. You may use Content offered for downloading, such as
photos and music, for personal use only and subject to the rules that accompany
that particular Content. You may not use the Content in a manner that exceeds
the rights granted for your use of the Content. You may not use any data
mining, robots, or similar data gathering and extraction tools on the Content,
frame any portion of IGLUED.COM or Content, or reproduce, reprint, copy, store,
publicly display, broadcast, transmit, modify, translate, port, publish,
sublicense, assign, transfer, sell, loan, or otherwise distribute the Content
without our prior written consent. You may not circumvent any mechanisms
included in the Content for preventing the unauthorized reproduction or
distribution of the Content.
10. NO
DUTY TO MONITOR.
You
agree that we are not liable for Content that is provided by others. We have no
duty to pre-screen Content, but we have the right to refuse to post or to edit
submitted Content. We reserve the right to remove Content for any reason, but
we are not responsible for any failure or delay in removing such material.
11.
PROCEDURE
FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
We
respect the intellectual property of others. If you believe that your work has
been copied and is accessible on IGLUED.COM in a way that constitutes copyright
infringement, please click here to contact us to report possible
copyright infringement.
12. THIRD
PARTY SITES; ADVERTISERS.
IGLUED.COM
may include links to third party websites, including links provided as
automated search results. Some of these sites may contain materials that are
objectionable, unlawful, or inaccurate. These links do not mean that we endorse
these third party sites or services. You acknowledge and agree that we are not
responsible or liable for any Content or other materials on these third party
sites. Any dealings that you have with advertisers found on IGLUED.COM are
between you and the advertiser and you acknowledge and agree that we are not
liable for any loss or claim you may have against an advertiser.
13. DISCLAIMER
OF WARRANTIES.
We
provide IGLUED.COM "as is", "with all faults" and "as
available." We and our suppliers make no express warranties or guarantees
about IGLUED.COM. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM
IMPLIED WARRANTIES THAT IGLUED.COM AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED
THROUGH IGLUED.COM ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY,
FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE
THAT IGLUED.COM WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT
INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF IGLUED.COM, INCLUDING ANY SUPPORT
SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE
DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE IGLUED.COM (EITHER
DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR
CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN IGLUED
REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights
under your local laws that this contract cannot change.
14.
LIMITATION
OF LIABILITY.
YOUR
EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL BE THE REPLACEMENT
OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR
ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF IGLUED.COM. IN NO EVENT
SHALL OUR LIABILITY OR THE LIABILITY OF OUR SUPPLIERS FOR ANY AND ALL CLAIMS
RELATING TO THE USE OF IGLUED.COM EXCEED THE TOTAL AMOUNT OF LICENSE FEES
AND/OR SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC
SERVICE AT ISSUE.
WE
AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE,
OR RELIANCE UPON IGLUED.COM. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST
PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR
LIABILITY AND THE LIABILITY OF OUR SUPPLIERS SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
15.
INDEMNIFICATION.
Upon
a request by us, you agree to defend, indemnify, and hold harmless us and our
other affiliated companies, and our respective employees, contractors,
officers, directors, and agents from all liabilities, claims, and expenses,
including attorney's fees that arise from your use or misuse of IGLUED.COM. We
reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which
event you will cooperate with us in asserting any available defenses.
16.
INTERNATIONAL
USE.
We
make no representation that Content on IGLUED.COM is appropriate or available
for use in locations outside the United States, and accessing it from
territories where the Content is illegal is prohibited. If you choose to access
IGLUED.COM from a location outside the U.S., you do so on your own initiative
and you are responsible for compliance with local laws.
17.
CHOICE
OF LAW AND LOCATION FOR RESOLVING DISPUTES.
You
agree that the laws of the State of Georgia govern this contract and any claim
or dispute that you may have against us, without regard to Georgia’s conflict
of laws rules, and that the United Nations Convention on Contracts for the
International Sale of Goods shall have no applicability. You further agree that
any disputes or claims that you may have against us will be resolved by a court
located in the State of Georgia and you agree and submit to the exercise of personal
jurisdiction of such courts for the purpose of litigating any such claim or
action.
PLEASE
NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT
YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING
YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND
VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF GEORGIA OVER ANY DISPUTES OR
CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL
JURISDICTION OF COURTS LOCATED IN THE STATE OF GEORGIA FOR THE PURPOSE OF
RESOLVING ANY SUCH DISPUTES OR CLAIMS.
18.
SEVERABILITY
AND INTEGRATION.
This
contract and any supplemental terms, policies, rules and guidelines posted on
IGLUED.COM constitute the entire agreement between you and us and supersede all
previous written or oral agreements. If any part of these Terms of Use is held
invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in full
force and effect.
19. TERMINATION.
Your
right to use IGLUED.COM automatically terminates if you violate these Terms of
Use or any rules or guidelines posted in connection with IGLUED.COM. We also
reserve the right, in our sole discretion, to terminate your access to all or
part of IGLUED.COM, for any reason, with or without notice.
20. USER AGE RESTRICTIONS.
The
IGLUED offering is not intended for and may not be used by children under the
age of 13. You may not use the Services or access the site unless you are at
least such age.
Draft:
09-22-08