Effective Date: November
2007
TERMS AND CONDITIONS OF USE
This website, including any sub-site accessible through
the homepage (the "Site"), is published and
maintained by subsidiaries, affiliates, and/or related
entities of IVIO Incorporation of America ("IVIO").
Please note that when you enter any sub-site accessible
through this homepage or the shopping page, such sub-site
may have its own terms and conditions of use which are
specific to such sub-site. When you access, browse, or
use this Site you accept, without limitation or qualification,
the terms and conditions set forth below and any additional
terms and conditions of use set forth in any sub-site.
Your Right to Use the Site and
Its Contents
This Site is only for your personal use. You may not distribute,
exchange, modify, sell, or transmit anything you copy
from this Site, including but not limited to any text,
images, audio, and video, for any business, commercial,
or public purpose. As long as you comply with the terms
of these Terms and Conditions of Use, IVIO grants you
a non-exclusive, non-transferable, limited right to enter,
display, and use this Site. You agree not to interrupt
or attempt to interrupt the operation of this Site in
any way.
Ownership
All materials on this Site, including but not limited
to audio, images, software, text, and video clips (the
"Content"), are protected by copyright under
U.S. copyright law, international conventions, and other
copyright laws. You cannot use the Content, except as
specified herein. You agree to follow all instructions
on this Site limiting the way you may use the Content.
There are a number of proprietary logos, service marks,
and trademarks found on this Site. By making them available
on this Site, IVIO is not granting you any license to
utilize those proprietary logos, service marks, or trademarks.
Any unauthorized use of the Content may violate copyright
laws, trademark laws, the laws of privacy and publicity,
and civil and criminal statutes.
You may download one (1) copy only of
the Content to be used only by you for your personal use
at home, unless the sub-site you are accessing states
that you may not. If you download any Content from this
Site, you may not remove any copyright or trademark notices
or other notices that go with it.
Rules for Chat Rooms, Bulletin
Boards, and Other User-Supplied Material
This website may have an area which allows you to "chat"
or upload and download materials. When using any of these
areas, you agree not to post, send, transmit, upload,
or otherwise publish through this Site, any materials
that (1) interfere with anyone else's use of the Site;
(2) are abusive, illegal, indecent, obscene, offensive,
or threatening in any way; (3) encourage anyone to break
the law; (4) violate anyone's copyright or other property
right; (5) interfere with the privacy of any other user;
(6) contain a virus or any other harmful component; or
(7) contain false or misleading statements of fact or
descriptions of the origin of the material or the communication.
You agree to comply with any additional terms which are
referred to on this Site or any sub-site within the website.
Responsibility for User's Material
You are prohibited from posting or transmitting any defamatory,
libelous, obscene, pornographic, profane, threatening,
or unlawful material or any material that could constitute
or encourage conduct that would be considered a criminal
offense or give rise to civil liability, or otherwise
violate any law. Although IVIO may from time to time monitor
or review bulletin boards, chat rooms, discussions, postings,
transmissions, and the like on the Site, IVIO is under
no obligation to do so and assumes no liability or responsibility
arising from the contents of any such communications or
for any defamation, error, inaccuracy, libel, obscenity,
or profanity contained in any such communication. IVIO
may change, edit, or remove any user material or conversations
that are illegal, indecent, obscene, or offensive, or
that violate IVIO's policies in any way. IVIO will fully
cooperate with any law enforcement authorities or court
order requesting or directing IVIO to disclose the identity
of anyone posting such materials.
IVIO's Rights to User's Material
If you send any communications or materials to the Site
by electronic mail or otherwise, including any comments,
data, questions, suggestions, or the like, all such communications
are, and will be treated as, non-confidential and non-proprietary.
Thus, you give up any claim that any use of such material
violates any of your rights including moral rights, privacy
rights, proprietary or other property rights, publicity
rights, rights to credit for material or ideas, or any
other right, including the right to approve the way IVIO
uses such material.
Any material submitted to this Site may
be adapted, broadcast, changed, copied, disclosed, licensed,
performed, posted, published, sold, transmitted, or used
by IVIO anywhere in the world, in any medium, forever.
Furthermore, IVIO is free to use, without any compensation
to you, any concepts, ideas, know-how, or techniques contained
in any communication you send to the Site for any purpose
whatsoever, including but not limited to developing, manufacturing,
and marketing products using such information. However,
you agree and understand that IVIO is not obligated to
use any such ideas or materials, and you have no rights
to compel such use.
Transmitted Material
Internet transmissions are never completely private or
secure. You understand that any message or information
you send to this Site may be read or intercepted by others,
unless there is a special notice that a particular message
(for example, credit card information) is encrypted (sent
in code). Sending a message to IVIO does not cause IVIO
to have any special responsibility to you.
Links
This website may contain links to other Internet sites
on the World Wide Web. IVIO provides such links for your
convenience only, and is not responsible for the content
of any website linked to or from this Site. Links from
this Site to any other website do not mean that IVIO approves
of, endorses, or recommends that website. IVIO disclaims
all warranties, express or implied, as to the accuracy,
legality, reliability, or validity of any content on any
other website.
Contests
This Site may contain contests that offer prizes or that
requires you to send in material or information about
yourself. Each contest has its own rules, which you must
read and agree to before you may enter.
Rules for Kids (Under Age 16)
If you are under 16, you should ask your parents or a
guardian before you:
• E-mail the Site, or ask us to e-mail anything
to you
• Send in any information
• Enter any contest or game that requires information
about you or offers a prize
• Join any club or group
• Post any information on any bulletin board or
enter any chat room or
• Buy anything online
Availability of Products and Services
The products and services displayed on the Site may not
be available for purchase in your particular country or
locality. The reference to such products and services
on the Site does not imply or warrant that these products
or services will be available at any time in your particular
location. You should check with your local IVIO authorized
representative for the availability of specific products
and services in your area.
IVIO's Right to Change These
Terms and Conditions of Use or Content on the Site
IVIO may add to, change, or remove any part of these Terms
and Conditions of Use at any time, without notice. Any
changes to these Terms and Conditions of Use or any terms
posted on this Site apply as soon as they are posted.
By continuing to use this Site after any changes are posted,
you are indicating your acceptance of those changes. IVIO
may add, change, discontinue, remove, or suspend any other
Content posted on this Site, including features and specifications
of products described or depicted on the Site, temporarily
or permanently, at any time, without notice and without
liability.
Indemnification
You agree to indemnify, defend, and hold IVIO and all
of its agents, directors, employees, information providers,
licensors and licensees, officers, and parent (collectively,
"Indemnified Parties"), harmless from and against
any and all liability and costs (including, without limitation,
attorneys' fees and costs), incurred by the Indemnified
Parties in connection with any claim arising out of any
breach by you of these Terms and Conditions of Use or
the foregoing representations, warranties, and covenants.
You will cooperate as fully as reasonably required in
IVIO's defense of any claim. IVIO reserves the right,
at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification
by you and you shall not in any event settle any matter
without the written consent of IVIO.
Disclaimer of Warranties and
Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING
ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED
THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE
FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE
CONTENT ON THIS SITE, IVIO MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE
THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS
SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS
THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER
EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE,
DOWNLOAD FROM, OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT
NOT LIMITED TO IVIO'S NEGLIGENCE, SHALL IVIO BE LIABLE
FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE,
OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE
INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS
AND FUNCTIONS OF THIS SITE, EVEN IF IVIO OR AN AUTHORIZED
REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL IVIO'S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE
OR OTHERWISE) EXCEED $100.00.
General Provisions
These Terms and Conditions of Use and any additional terms
posted on this Site together constitute the entire agreement
between IVIO and you with respect to your use of this
Site. Any cause of action you may have with respect to
your use of this Site must be commenced within one (1)
year after the claim or cause of action arises. If for
any reason a court of competent jurisdiction finds any
provision of these Terms and Conditions of Use, or portion
thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible so as to effect
the intent of this agreement, and the remainder of these
Terms and Conditions of Use shall continue in full force
and effect. These Terms and Conditions of Use shall be
governed by and construed in accordance with the laws
of the State of New York, United States of America, without
reference to its conflicts of law rules.
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