1. GRANT OF ACCESS AGREEMENT
Use and participation in InfoGenius’ Web sites is contingent upon your acceptance of the following terms and rules. By using our Web sites, you accept these terms. In addition, your continued use of our Web sites after a change has been made to the policies of our Web sites implies your assent to those changes.
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2. RULES OF CONDUCT
InfoGenius is not responsible for any material posted on our message boards, reviews or other forums.
a. You shall not post or transmit through InfoGenius’ Web sites any defamatory, threatening, obscene, harmful, pornographic or other material which would violate or infringe in any way upon the rights of others, or which would give rise to criminal or civil liability and/or violate federal or local law or regulation. InfoGenius will fully cooperate with any law enforcement authorities or court order requesting or directing InfoGenius to disclose the identity of anyone posting any such emails or materials. Further, you shall not post or transmit through InfoGenius any material which advertises or otherwise solicits funds or is a solicitation for goods or services.
b. You shall not upload, post, or otherwise make available on InfoGenius Web sites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary interest.
c. You shall not upload, post or transmit through InfoGenius’ Web sites any advertisements, chain letters, pyramid schemes, or spamming of the same message to multiple boards.
d. By posting messages, uploading files, inputting data, or engaging in any other form of communication through InfoGenius’ Web sites, you hereby waive any and all rights to any stories, ideas, drawings, opinions, and other creative “materials” posted to InfoGenius’ web sites. You authorize InfoGenius to utilize, royalty-free, in any manner it sees fit and for eternity, the materials posted on the site, which shall become the property of InfoGenius and shall include the right to exploit any proprietary rights in such communication, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. You release InfoGenius from any and all claims or liability (now known or hereafter arising) in connection therewith, and you agree to indemnify InfoGenius in connection therewith pursuant to the terms of Paragraph 3 below. You agree and acknowledge that your participation in InfoGenius’ Web sites shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual or other special relationship between you and InfoGenius (other than the contractual relationship entered into between you and InfoGenius by virtue of your agreement to the Terms and Conditions of Use).
3. VISITOR’S INDEMNIFICATION / OBLIGATIONS
a. In consideration for your use of and access to InfoGenius Web site, you agree that in no event will InfoGenius, its affiliated or related entities, its content providers or any other party involved in creating, producing or delivering this Web site or any site linked to this Web site, be responsible or liable to you or entity in any manner whatsoever (including, but not limited to, persons who may use or rely on such data or materials or to whom such data and materials are furnished) for any loss, damage (whether actual, consequential or punitive), injury, claim, liability, or other cause of any kind or character whatsoever based upon or resulting from any information provided in InfoGenius’ web site, or arising from any decision made or action or non-action taken by you or any other person in reliance upon the information provided through InfoGenius Web sites, even if you advise InfoGenius of the possibility of any claims or damages.
b. You, as a visitor and/or user of InfoGenius’ Web site, agree to defend, indemnify, and hold harmless InfoGenius, its parents, subsidiaries, and affiliated companies and their respective directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of your use of the InfoGenius Web site, or arising out of any violation of laws or these Rules of Conduct committed by you, including, without limitation, any communication by you which is claimed to be defamatory, obscene or otherwise unlawful, or which is claimed to violate the copyright, trademark, proprietary or other rights of third parties, or which constitutes a submission of materials.
InfoGenius shall have the right to immediately terminate your use of the InfoGenius Web site if InfoGenius determines, in its sole discretion, that you have violated the Rules of Conduct set forth above in Paragraph 2 or otherwise breached this agreement, or have engaged in conduct which InfoGenius determines, in its sole discretion, to be unacceptable. While InfoGenius recognizes that its message boards and review system may be regarded as a public forum, it is not applicable under the First Amendment as a venue of free speech. InfoGenius reserves the right to remove any postings to our message boards at our sole discretion.
InfoGenius has made and will continue to make efforts to include accurate and current information on this Web site. However, the materials in InfoGenius’ Web site are provided “as is” and to the fullest extent permissible pursuant to applicable law, InfoGenius disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. InfoGenius does not assume any responsibility or risk for your use of the Web site. InfoGenius does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that InfoGenius’ Web sites or server that makes such sites available are free of viruses or other harmful components. InfoGenius does not warrant or make any representations regarding the use or the results of the use of any of the materials on InfoGenius’ Web site in terms of their correctness, accuracy, reliability, completeness, timeliness, or otherwise. None of the information contained in this Web site shall be construed as an indication of InfoGenius’ views, opinions or recommendation, or endorsement thereof. Except as specifically stated otherwise, InfoGenius does not endorse, operate, control or assume responsibility for any product, brand, method, treatment, information or services on the Web site, in any way.
You assume the sole cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
This agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. This agreement shall be construed in accordance with the laws of the State of Pennsylvania, and the parties consent to the jurisdiction of the courts in the Eastern District of Pennsylvaina, County of Northampton, without regard to its conflict of laws.
If any term or provision of this agreement is held to be invalid, illegal or unenforceable, the remaining portions of this agreement shall continue to be valid and will be performed, construed, and enforced to the fullest extent permitted by law, and the invalid, illegal or unenforceable term or provision will be amended and limited in accordance with the intent of the parties, as determined from the face of this agreement, to the extent necessary to permit the maximum enforceability and/or validation of such term or provision.
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©1999-2009 InfoGenius, Inc., All trademarks are owned by InfoGenius, Inc. or are used under license. All rights reserved. The images and materials found in the Web site are copyrighted or otherwise proprietary and may be downloaded and/or reprinted for personal use only. Permission to reprint or electronically reproduce any document, stills, audio, video footage or any other materials in whole or in part for any reason is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s).