inZion.com Terms of ServiceEffective as of January 15, 2011
The below Terms of Service ("Terms of Service") state the terms and conditions under which In Zion, Inc. ("IZI," "we," “our,” or "us") provides its members with the various services ("Services") available on the website www.inzion.com (the “Site”). You are not required to agree to our Terms of Service, but if you do not agree with or reject our Terms of Service, you do not have any right to access and use our Site. If you do access and use our Site, your access and use shall be deemed to accept these Terms of Service. If you do not wish to be bound by these Terms of Service, please do not become a member of the Site, and do not access, browse or use the Site or any Services provides on the Site. These Terms of Service are subject to change, and we may update them from time to time. You are advised to regularly check for any updates or other changes to the Terms of Service, which shall be legally binding upon you when we post them, whether or not we provide you any other specific notice of such updates or changes. We will indicate the effective date of each update at the top of the Terms of Service. Your continued use of the Site after any update will be deemed to represent your consent to be bound by, and agreement with, the new Terms of Service.
1. USE OF SITE AND ITS SERVICES
Subject to the terms and conditions in these Terms of Service, and so long as you are at least 13 years of age, IZI grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to utilize the Site and its Services, including but not limited to any software provided to you by IZI as part of its Services, for the sole purpose of enabling you to use and enjoy the benefit of the Site and its Services as permitted by these Terms of Service, and only until your rights are terminated in accordance with these Terms of Service. In order to register with and to access and use the Site and its Services, you are required to provide your current and correct first and last name, date of birth, and email address as part of the registration process, and may be required to provide other information as part of your continued use of the Services. You are responsible for maintaining the accuracy and completeness of such information. You are responsible for maintaining the confidentiality of your account’s log-in credentials including password, and accordingly will be fully responsible for all activities that occur under your account with the Site ("Account" or "your account"), including activities of others to whom you have provided your account information. You agree to immediately notify IZI of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account information secure. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Site and its Services, and for all associated fees and charges such as Internet charges. We retain the right, at our sole and absolute discretion, to implement restrictions and/or limits on the Services, including but not limited to the nature of, or your continued ability to access or distribute, the Site, its Services and/or your Content and other data, and impose other limitations at any time, with or without notice. You acknowledge that a variety of actions by IZI or third parties may impair or prevent you from accessing the Site, your account, your Content, or using the Service at certain times and/or in the same way, for limited periods or permanently, and you agree that IZI has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. IZI may from time to time engage certain third parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such third party involvement is acceptable. Further, you acknowledge that in using the Site and its Services to send electronic communications (including but not limited to email and uploading Content, and other Internet activities), you will be causing communications to be sent through computer networks that may be located in California and other locations in the United States and other countries and that, as a result, your use of the Site and its Services will likely result in interstate data transmissions. You understand that IZI, in performing the required technical steps to provide the Services to our members, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. IZI may from time to time include as part of the Services computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. IZI expressly disclaims any warranty or other assurance to you regarding such third party software.
2. MEMBER CONDUCT
You acknowledge and agree that all information, data, text, images, software, sounds, graphics, video, messages, tags and other materials, in whatever form and technical structure, whether publicly posted or privately transmitted or stored using the Site and/or its Services (“Content”) are the sole responsibility of the person(s) originating such Content and introducing such Content into the Site and/or its Services. We reserve the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any Content posted to or made available within the Site and/or its Services, without obligation to any person or entity. You agree that you are responsible for your own conduct and all conduct under your account, and all Content that is created, transmitted, stored or displayed on the Site by anyone using your account, and for any consequences arising as a result thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms of Service and all applicable laws and regulations in the relevant legal jurisdictions (including, without limitation, laws and regulations relating to the recording of audio, copyright laws, privacy laws and the storage and transmission of data and technology). Without limiting the foregoing, you shall be deemed to represent and warrant to IZI that you have the unrestricted legal rights and authority to permit you to submit your Content to IZI in connection with your use of the Services, and such submission and the grant to IZI of the rights you grant herein in connection with IZI’s offering and operation of the Services does not infringe the intellectual property and other rights of any person, entity or third party. You further agree to NOT to do any of the following: (a) use our Site or its Services for illegal purposes or for promotion of dangerous activities;
(b) impersonate any person or entity, including, but not limited to, a Site staff member, or falsely state or otherwise misrepresent your affiliation with IZI, the Site or any other person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site or its Services;
(d) upload, post or otherwise transmit on, to, or through the Site any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) upload, post or otherwise transmit on, to, or through the Site any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(f) upload, post or otherwise transmit on, to, or through the Site any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
(j) upload, post or otherwise transmit on, to, or through the Site any material that 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;
(h) interfere with or disrupt the Site, its Services or servers or networks connected to the Site or its Services, or disobey any requirements, procedures, policies or regulations of networks connected or applicable to the Site or its Services;
(i) violate any applicable local, state, national or international law in your use of or access to the Site or its Services, or any regulations having the force of law;
(j) use the Site or its Services to “stalk” or otherwise harass another person or entity, or take any action invasive to another’s privacy (by posting, for example, another’s address, email, phone number or any other contact information) without permission from such other person or entity;
(k) collect or store personal data about other users or members of the Site for commercial purposes;
(l) use the Site or its Services to promote or provide instructional information about illegal activities, promote physical harm or injury against any government, legal entity, group or individual, or promote any act of cruelty to animals, including, but not limited to, providing instructions on how to assemble explosive device or other weapons or incendiary devices;
(m) use the Site or its Services as a forwarding means to another website, without the prior express written permission of IZI;
(n) allow usage of the Site or its Services by others in such a way as to violate these Terms of Service;
(o) engage in commercial activities within the Site or its Service, or on behalf of IZI, without prior express written approval of IZI, including but not limited to the following activities:
(q) solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users or members of the Site;
(r) access (or attempt to access) the Site or its Services through any automated means (including use of scripts, web crawlers or the like) or otherwise engage the Service in a manner reasonably likely to be harmful to the systems operating the Site or its Services or the access or use of the Site or its Services by others; and
(s) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Site or its Service without the prior express written permission of IZI.
3. POTENTIAL EXPOSURE TO OBJECTIONABLE CONTENT
You understand and acknowledge that, given the nature of a social networking and messaging service, you may be exposed to offensive, indecent or objectionable Content when using the Site and/or its Services, and, accordingly, you use the Site and its Services at your own risk. IZI shall not be liable to you, to any authorized or unauthorized user of your account, nor to any other user or member of the Site for any injuries or damages incurred or suffered due to the presence of any offensive, indecent or objectionable Content on the Site or its Services.
4. MEMBER SUGGESTIONS OR CONTRIBUTIONS
By submitting to IZI and/or to the Site any ideas, suggestions, documents and/or proposals, through the “Contact Us” interface or otherwise, to an employee or other representative of IZI (collectively, “Contributions”), you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) IZI is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) IZI shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) IZI may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of IZI without any obligation of IZI to you; and (f) you are not entitled to any accounting, compensation or reimbursement of any kind from IZI under any circumstances.
6. PROPRIETARY RIGHTS, LICENSES AND LIMITATIONS
7. OTHER INTELLECTUAL PROPERTY RIGHTS
It is our policy to respond to clear and complete notices of alleged copyright infringement that are compliant with the United States Digital Millennium Copyright Act (DMCA, www.copyright.gov). If you believe that your work has been used or published in the Site or its Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with a formal notice in accordance with the procedure herein and containing the following information:
In Zion, Inc., Attn: DMCA Compliance, 16055 Ventura Blvd., Suite 1230, Encino, CA 91364 Fax: (323) 421-9387, Attn: DMCA Compliance Please note that we may reproduce any legal notice we receive to send to a third-party for publication and annotation, and we may post your notice in place of any removed Content. We will respond and/or take action on all complete and qualified notices within a reasonable period of time of receiving your correspondence and reserve the right to communicate with you via email or other means. Counter Notification
The IZI user or member who uploaded or transmitted the Content that is the subject of a notice under this Section may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. If we receive a proper counter notification in compliance with the Digital Millennium Copyright Act, we may reinstate the material in question. To file a counter notification with us, you must provide a written communication in accordance with the following procedure that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any Content or activity is not infringing the copyright rights of others. Accordingly, if you are not sure whether certain material infringes the copyright of others, we suggest that you first contact an attorney. A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf. To expedite our ability to process your counter notification, please provide us with a formal notice containing the following information:
We reserve the right at any time and at our sole discretion to modify or discontinue, temporarily or permanently, the Site and/or the Services or any part thereof, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Site or Services. In connection with any modification of the Site or Services, to the extent you have elected to download and install software from and through the Site or its Services, IZI may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Site and Services, and you agree to permit IZI to deliver these to you (and you to receive them) as part of your use of the Site and Services.
You may discontinue your use of the Site and its Services at any time, for any or no reason and with or without notice. IZI may also terminate the Site and its Services, or your access to or use of the Services or your account, with or without notice. Reasons for IZI terminating your account or the Services include, without limitation: (a) breach or violation of these Terms of Service, (b) your request to terminate your account, (c) requests by law enforcement or other government agencies, (d) the discontinuance or material modification to the Site or Services (or any part thereof), or (e) unexpected technical or security issues or problems. In the event of any termination, we will close your account and you will no longer be able to use or access your account or any Content contained in such account.
The Site and its Services may be supported by advertising revenue and may display advertisements and promotions on or in connection with the Site and/or its Services, and such advertisements and promotions may be targeted to Content subject matter. You hereby agree that IZI may so present advertising and promotions to you in connection with the Services in consideration for the rights granted you to access and use the Site and its Services. Any decision to utilize advertising, and the manner, mode, extent and terms of any advertising, presented with the Site or Services, are subject to change. We shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such practices or changes or as the result of the presence of such advertisers on the Site or Services, including, without limitation, any change in the cost of obtaining any advertised products or services. Furthermore, your interactions with advertisers found on or through the Site and its Services, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
We may include the use of third party resources and/or links to third party websites as part of the Site and its Services. We have no control over such sites and resources and, accordingly, you acknowledge and agree that (a) we are not responsible for the availability of such external sites or resources; (b) we do not endorse and are not responsible or liable for any Content or other materials available from such sites or resources and (c) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or materials available on or through any such site or resource.
You agree to indemnify and hold IZI, its subsidiaries, affiliates, officers, directors, shareholders, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorney and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Site or Services, any violation of these Terms of Service or any other actions connected with your use of the Site or Services (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for your account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IZI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) IZI DOES NOT WARRANT THAT (i) THE SITE AND/OR SERVICES WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ERRORS IN THE SITE AND/OR SERVICES WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IZI OR THROUGH OR FROM THE SITE AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IZI, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTIONS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF IZI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE AND/OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE AND/OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SITE AND/OR SERVICES; (v) IZI’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE SITE AND/OR SERVICES; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SITE AND/OR SERVICES.
15. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS IN SECTIONS 13 AND 14 WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. SEARCH ENGINE
You acknowledge and understand that if you perform an internet search through a search engine made available at or through the Site or its Services, then a portion of any advertising or promotional revenues generated from such search may be shared with IZI by the search engine provider.
You agree that we may provide you with notices hereunder by email, regular mail or postings on the Site, in our discretion, and that we may rely upon the contact information you have provided as being accurate, complete and current. Except where these Terms of Service specifically provide for use of a different means or address for notice, any notice hereunder to IZI must be delivered by email to email@example.com. This email address may be updated as part of any update to these Terms of Service.
18. GENERAL TERMS
(a) These Terms of Service constitute the entire agreement between you and IZI and govern your use of the Site and Services. These Terms of Service, as in effect from time to time, supersede any prior agreements or earlier versions of these Terms of Service between you and IZI for the use of the Site and/or Services. If, through accessing or using the Site and/or Services, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms of Service shall not affect your legal relationship with such third party.
(b) You acknowledge and agree that each affiliate of IZI shall be a third party beneficiary to these Terms of Service and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms of Service which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms of Service.
(c) These Terms of Service and the relationship between you and IZI shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and IZI agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. Notwithstanding this, you agree that IZI shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any applicable jurisdiction.
(d) The failure or delay by IZI to exercise or enforce any right or provision of these Terms of Service or rights under applicable law shall not constitute a waiver of any such provisions or rights. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
(e) The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.
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