THIS DOCUMENT SETS FORTH THE TERMS OF USE FOR THE iBELONG NETWORKS, INC.
("iBELONG," "WE," "US," OR "OUR") WEBSITE, WWW.IBELONGNETWORKS.COM ("SITE"), AS
MORE SPECIFICALLY DEFINED BELOW, AND THE INFORMATION, SERVICES AND/OR PRODUCTS
THAT MAY BE MADE AVAILABLE TO YOU THROUGH THIS SITE. PLEASE READ THE FOLLOWING
TERMS OF USE ("TERMS") CAREFULLY. BY USING THE SITE, YOU, THE USER ("YOU")
INDICATE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE
BINDING ARBITRATION PROVISIONS, AND THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF
YOU DO NOT AGREE TO THESE TERMS, OR IF YOU ARE NOT AT LEAST 18 YEARS OF AGE, DO
NOT USE THE SITE IN ANY MANNER.
The "Site" encompasses various this website and all associated iBelong Web
pages, including without limitation all content, materials, information,
policies, modifications, updates, enhancements, revisions, new features, and or
new web properties of such pages.
MODIFICATION OF THESE TERMS OF USE
iBelong reserves the right to change these Terms at any time at its sole
discretion and without notice to you. All changes to the Terms will be posted on
the Site and are effective immediately. Consequently, iBelong recommends that
you visit and review these Terms frequently. Your continued use of the Site
following any changes to the Terms will mean you accept those changes.
SITE OWNERSHIP
The Site, including all text, logos or graphic images appearing therein, is
protected by copyright, trademark, patent, trade secret, and other laws. The
Site and all Site content is the property of iBelong and/or third party
licensors, and all right, title and interest in and to the Site shall remain
with iBelong and/or such third party licensors. Nothing in these Terms transfers
any rights to you or any third party except as expressly set forth herein. If
you make any use of the Site other than as provided herein, you may violate
copyright and other laws of the United States and other countries, as well as
applicable state laws, in addition to breaching these Terms, and you may be
subject to substantial damages. The example companies, organizations, products,
people and events depicted herein are fictitious. No association with any real
company, organization, product, person, or event is intended or should be
inferred.
LIMITED USE LICENSE
In consideration for your agreement to the terms and conditions contained
herein, iBelong grants you a personal, non-exclusive, non-transferable,
revocable, limited license to access and use the Site in accordance with these
Terms. Unless otherwise specifically agreed by you and iBelong in writing, you
may download material from the Site only for your own personal, non-commercial
use in accordance with these Terms. You may not otherwise copy, reproduce,
retransmit, distribute, publish, commercially exploit or otherwise transfer any
material or attempt to do so or permit others to do so or attempt to do so. You
agree that a breach of your license to use the Site would result in irreparable
harm to iBelong, and that upon such breach or threatened breach hereof, iBelong
shall be entitled to injunctive relief in addition to any other remedies to
which iBelong is entitled.
LINKS TO THIRD PARTY SITES
The Site may contain links to other web sites ("Linked Sites"). The Linked Sites
are not under the control of iBelong and iBelong is not responsible for the
contents of any Linked Site, including without limitation any link contained in
a Linked Site, or any changes or updates to a Linked Site. iBelong is not
responsible for webcasting or any other form of transmission received from any
Linked Site. iBelong is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by iBelong of the site or
any association with its operators. You enter any Linked Site at your own risk.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to iBelong that you will not
use the Site for any purpose that is unlawful or prohibited by these terms,
conditions, and notices.
USE OF COMMUNICATION SERVICES; USE OF SITE
The Site may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, "Communication Services"). You agree to
use the Communication Services only to post, send and receive messages and
material that are proper and related to the particular Communication Service you
are using. Unless otherwise specifically agreed by you and iBelong in writing,
the Site is for your personal and non-commercial use only. You will not:
- Post on or transmit to the Site any defamatory, libelous, obscene, bigoted,
hateful, racially offensive, vulgar, harassing, pornographic, profane,
threatening or unlawful content or any content that could constitute or
encourage conduct that would be considered a criminal offense or give rise to
civil liability, whether under statute, common law or equitable principles, or
otherwise violate any law.
- Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy or publicity) unless you own or control
the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication
Services.
- Violate any code of conduct or other guidelines which may be applicable to any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail
addresses, without their prior express written consent.
- Post on or transmit to the Site any content that discusses illegal activities
with the intent to commit them.
- Use the Site in any manner which could damage, disable, overburden, or impair
the Site or interfere with any other party's use and enjoyment of the Site.
- Obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
- Copy, modify, perform, mirror, publish, create derivative works from, transfer,
sell, lease, rent, sublicense, loan, share, give away or donate any information
or content obtained from the Site or portions thereof or attempt to do so or
permit others to do so or attempt to do so.
- Violate any applicable laws or regulations.
- Post or transmit to the Site any copyrighted material, including without
limitation software, graphics, text, photographs, sound, video and musical
recordings, without the express prior permission of the owner of the copyright
in the material, or other express legal entitlement to use the material.
- Access or attempt to access any other user's account, or misrepresent or attempt
to misrepresent your identity while using the Site.
- Post on or transmit to the Site any content that violates another party's
privacy or infringes another party's intellectual property, including, but not
limited to, such party's copyrights, trademarks, trade secrets or patents.
- Delete or alter in any manner any copyright notice provided with Site materials.
MONITORING
iBelong has no obligation to monitor you or any other user's use of the Site,
including, without limitation, the Communication Services. iBelong reserves the
right to review and monitor your use of the Site, including without limitation
your use of any user ID and/or password in accessing the Site and any materials
posted to a Communication Service, and to remove any materials in its sole
discretion. iBelong reserves the right to restrict or terminate your access to
the Site, including, without limitation, your access to any or all of the
Communication Services or your ability to use any Site user ID and/or password,
at any time without notice for any reason whatsoever.
INFORMATION DISCLOSURE
iBelong reserves the right at all times to disclose any information as 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 iBelong's sole discretion.
In the course of using the Site, you may be required to enter certain
information, including without limitation personal information ("Information").
You agree to provide iBelong with correct Information, and to update such
Information on the Site promptly as reasonably necessary and as required by the
Site.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. iBelong does not control
or endorse the content, messages or information found in any Communication
Service and, therefore, iBelong specifically disclaims any liability with regard
to the Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized iBelong
spokespersons, and their views do not necessarily reflect those of iBelong.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO iBELONG OR POSTED AT ANY SITE
iBelong does not claim ownership of the materials you provide to iBelong
(including feedback and suggestions) or post, upload, input or submit to the
Site or its associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your Submission you are
granting iBelong, its affiliated companies and sublicensees a non-exclusive,
royalty-free, perpetual, irrevocable and fully assignable and sublicenseable
license in and to such Submissions. We have the right to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat your Submission; and to attribute or not attribute such works.
No compensation will be paid with respect to the use of your Submission, as
provided herein. iBelong is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in iBelong's sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
FEES
Any fees due iBelong for any services and/or products provided to you or for use
of the Site are as otherwise provided to you by iBelong. To the extent stated in
any separate agreement between you and iBelong, your use of the Site or such
services and/or products is contingent upon your timely payment of all fees due
to iBelong thereunder. In the event you fail to timely pay any fees due iBelong,
your license to use the Site and any such services and/or products shall
terminate immediately.
OTHER AGREEMENTS
In the event you and iBelong enter any other agreements in writing, termination
of such agreements shall cause the immediate termination of your license to use
the Site under these Terms.
LIABILITY DISCLAIMER
ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE
TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
SERVICE CONTACT: support@ibelong.com
TERMINATION/ACCESS RESTRICTION
iBelong reserves the right, in its sole discretion, to restrict or terminate
your access to the Site and the related services or any portion thereof at any
time, without notice.
REPRESENTATION & WARRANTY DISCLAIMER
THE SITE AND ALL INFORMATION AND MATERIALS ON THE SITE, INCLUDING TEXT, IMAGES,
GRAPHICS, AND LINKS, AND THE INFORMATION AND MATERIALS ON ANY WEBSITES, WHETHER
AFFILIATED OR UNAFFILIATED WITH iBELONG, WHICH YOU MAY VISIT THROUGH THE SITE,
IS PROVIDED "AS IS" BY US AS A CONVENIENCE TO ALL USERS, WITHOUT REPRESENTATION
OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED
TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF
NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SITE WILL
OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR
ERRORS IN THE SITE WILL BE CORRECTED; OR (VIII) THAT THE SITE IS COMPATIBLE WITH
ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. ANY USE OF THE SITE AND ANY
INFORMATION AND/OR MATERIALS PROVIDED ON OR THROUGH THE SITE SHALL BE SOLELY AT
YOUR OWN RISK. EFFORTS BY iBELONG TO MODIFY THE SITE SHALL NOT BE DEEMED A
WAIVER OF THESE LIMITATIONS. IBELONG AND ITS OFFICERS, DIRECTORS, AGENTS,
EMPLOYEES, SUCCESSORS, ASSIGNS, AND STOCKHOLDERS (COLLECTIVELY, WITH IBELONG,
THE "IBELONG ENTITIES") SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY
DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER
THESE TERMS, STATUTE, REGULATION, COMMON LAW PRECEDENT OR DOCTRINE, OR
OTHERWISE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WERE
NEGLIGENT. In jurisdictions that prohibit the exclusion or limitation of
liability for consequential or incidental damages, iBelong's liability is
limited to the greatest extent permitted by law.
INDEMNIFICATION
You shall indemnify, defend and hold the iBelong Entities harmless from all
claims, losses, liabilities, suits, damages, disputes or demands, including
reasonable attorneys fees (collectively, "Claims"), arising from your use of the
Site or from any violation of these Terms. In connection with any Claims that
may give rise to your indemnification obligations as set forth above, the
iBelong Entities shall have the exclusive right, at its option, to defend,
compromise and/or settle the suit, action or proceeding, and you shall be bound
by the determination of any suit, action or proceeding so defended or any
compromise or settlement so effected. The remedies provided in this Section are
not exclusive of and do not limit any other remedies that may be available to
the iBelong Entities pursuant to this Section.
YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account and
password, if any, and for restricting access to your computer. You accept full
responsibility and liability for all activities that occur under your account or
password. iBelong reserves the right to refuse service, terminate accounts, or
remove content in its sole discretion. As part of the registration process, you
must select a user name. The information that you supply during the registration
process must be accurate and complete and you agree to not (1) register under
the name of another person; (2) choose a user name that iBelong deems offensive;
(3) choose a user name for the purposes of deceiving or misleading forums
members and/or staff as to your true identity; or (4) choose a user name that
incorporates a solicitation (e.g., yoursitedotcom, yourproduct.com,
yourplaceofbusiness, isellplaygrounds). You agree to not impersonate any other
person, including any other iBelong forum member, any iBelong forum host or any
iBelong staff.
You shall notify iBelong immediately of any unauthorized use or threat of
unauthorized use of your account or the Site or of any other breach or potential
breach of security known to you with respect to your account or the Site,
including without limitation any loss or compromise of any password, and will
cooperate with iBelong in every reasonable way to help iBelong prevent the
further unauthorized use, threat of unauthorized use, disclosure or threat of
disclosure regarding the Site, your account and/or your password. You agree that
immediately upon termination of your right to use the Site, or upon any earlier
demand by iBelong at any time, you will (i) cease all access and/or use of the
Site, and will not attempt to access and/or use the Site, and (ii) return or
destroy all originals, copies, reproductions, and/or summaries of the Site (and
delete any electronic copies of such information maintained on equipment that
you own or control).
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
iBelong will investigate notices of copyright infringement and take appropriate
actions under the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2)
("DMCA"). Pursuant to the DMCA, written notification of claimed copyright
infringement must be submitted to the following Designated Agent for iBelong in
accordance with the DMCA: iBelong Networks, Inc.; Attn: Legal/DMCA Contact; 7600
Colshire Drive, Suite 250; McLean, VA 22102. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
DISPUTE RESOLUTION (ARBITRATION CLAUSE)
You and iBelong each agree to submit to binding arbitration in the event of a
dispute, controversy or claim (each, a "Dispute") arising out of or in
connection with these Terms, your or iBelong's rights and obligations under
these Terms, the Site, the use of the Site, and/or the information, services
and/or products that may be provided by or through or in connection with the
Site. The arbitration will be held in Maryland before one arbitrator on an
individual basis and not as a class action. You expressly waive any right you
may have to arbitrate a dispute as a class action. You also expressly waive your
right to a jury trial. You may select one of the following arbitration
organizations and its applicable rules: the National Arbitration Forum, Box
50191, Minneapolis, MN 55405-0191 (www.arb-forum.com), or JAMS, Two Embarcadero
Center Suite 1100 San Francisco, CA 94111 (www.jamsadr.com). If you fail to
select an arbitration organization within 30 days after notice from iBelong,
iBelong may select the organization. You may obtain a copy of the rules of each
organization by contacting the organization. In the event that any Dispute
cannot be submitted to binding arbitration pursuant to the rules of any such
organization, such event shall not affect the enforceability of this clause so
long as the Dispute may be submitted to binding arbitration with one of the
organizations. You and iBelong shall agree on one arbitrator to conduct the
arbitration and the arbitrator shall be selected pursuant to the applicable
rules. Each party shall be responsible for its own attorney, expert and other
fees, unless such fees are awarded by the arbitrator to the prevailing party.
Notwithstanding anything to the contrary in this Section, to the extent you have
in any manner violated or threatened to violate iBelong's intellectual property
rights, iBelong may seek (and you will not contest) injunctive or other
appropriate relief in any state or federal court in the state of Maryland, and
you consent to exclusive jurisdiction and venue in such courts.
The arbitrator's award is final and binding on all parties. The Federal
Arbitration Act (9 U.S.C. 1 et seq.), and not any state law concerning
arbitration, governs all arbitration under this clause. Any court having
jurisdiction may enter judgment on the arbitrator's award. If any part of this
clause, other than waivers of class action rights, is deemed or found to be
unenforceable for any reason, the remainder shall remain enforceable.
Notwithstanding anything to the contrary contained herein, if the waiver of
class action rights contained herein is not enforceable as to any person or
persons, such non-enforceability shall apply to such person or persons only, and
all other persons shall continue to be governed by the Arbitration Clause.
These Terms provide that all Disputes will be resolved by binding arbitration
and not in court or by jury trial. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR
RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS
CLAIM YOU MAY HAVE AGAINST IBELONG INCLUDING ANY RIGHT TO CLASS ARBITRATION OR
ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES
GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN
ANY STATE STATUTE.
If you are a California resident, to the extent permitted by California law, you
waive California Civil Code Section 1542, which states: "A general release does
not extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor" as well as any other unknown
claims under California Civil Code Section 1542 or any statute or common law
principle of similar effect.
CHOICE OF LAW; JURISDICTION AND VENUE; WAIVER OF TRIAL BY JURY
To the maximum extent permitted by law, this agreement is governed by the laws
of the State of Maryland, excluding any law or conflicts of law principle that
would apply the law of another jurisdiction. NOTWITHSTANDING THE FOREGOING, THE
PARTIES EXPRESSLY OPT OUT OF THE MARYLAND UNIFORM COMPUTER TRANSACTIONS ACT
("MUCITA") AS PERMITTED BY SECTION 22-104 OF MUCITA. To the extent a Dispute is
not governed by the Arbitration Clause, you hereby consent to the exclusive
jurisdiction and venue of courts in the State of Maryland in all disputes
arising out of or relating to the use of the Site or under this agreement;
provided, however, that in the event iBelong is sued or joined by a third party
in any other court or in any other forum in respect of any matter which may give
rise to a claim by iBelong hereunder, you consent to the jurisdiction of such
court or forum over any claim which may be asserted by iBelong therein. You
irrevocably consent to the exercise of personal jurisdiction by such courts in
any such action. In addition, and notwithstanding the foregoing, you irrevocably
waive, to the fullest extent permitted by law, any objection that you may now or
hereafter have to the laying of the venue of any such suit, action or proceeding
brought in any such court and any claim that any such suit, action or proceeding
brought in any such court has been brought in an inconvenient forum. Final
judgment in any such suit, action or proceeding brought in any such court shall
be conclusive and binding upon you and may be enforced in any court in which you
are subject to a jurisdiction by a suit upon such judgment. To the Use of the
Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation this
paragraph. To the extent a claim is not governed by the Arbitration Clause,
iBelong and you each hereby waive the right to a trial by jury in any court and
in any suit, action or proceeding, whether in tort, contract, or otherwise, in
which any such party is a party, as to any claim arising out of or in connection
with these Terms, your or iBelong's rights and obligations under these Terms,
the Site, use of the Site, and/or the services and/or products that may be
provided by or through or in connection with the Site.
GENERAL
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and iBelong as a result of this agreement or use of the Site.
iBelong's performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of iBelong's
right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the Site or information provided to or
gathered by iBelong with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
The failure of iBelong to enforce any provision of these Terms shall not be
construed as a waiver or limitation of iBelong's right to subsequently enforce
and compel strict compliance with that provision or any other provision of these
Terms. These Terms shall be binding upon, inure to the benefit of, and be
enforceable by the parties to these Terms and their respective successors,
heirs, legatees, personal representatives and permitted assigns. No assignment,
delegation or other conveyance of these Terms or of any rights or obligations
hereunder may be made by you (by operation of law or otherwise) without the
prior written consent of iBelong. iBelong may assign its rights and obligations
under these Terms to any other party. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and iBelong with
respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and iBelong with respect to the Site. 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. It is the express
wish of the parties that this agreement and all related documents be drawn up in
English. The headings and other captions in these Terms are for convenience and
reference only and shall not be used in interpreting, construing or enforcing
any of the provisions of these Terms. Those terms and conditions of these Terms
that assign liabilities to the parties extending beyond the term of these Terms
shall survive termination of these Terms.
PRIVACY POLICY
By using the Site, you consent to iBelong's use and disclosure of information
about you in accordance with any privacy policy posted by iBelong, which, if
posted, is a part of these Terms, without any further notice or any liability to
you or any other person.
SUPPORT
Unless otherwise agreed in writing by you and iBelong, iBelong is not obligated
to provide, and shall not provide, any support, consulting, interpretation,
training or assistance (collectively, "Support") of any kind to you, including
without limitation Support relating to use, operation and/or performance of the
Site.
VIEWING OUTSIDE THE UNITED STATES
iBelong makes no claims that the Site may be lawfully viewed, accessed or used
outside the United States. Access or use of the Site may not be legal by certain
persons or in certain countries. If you access or use the Site from outside of
the United States, you do so at your own risk and you are responsible for
compliance with the laws of your jurisdiction.