Date of Last Revision: Sunday, February 27, 2011
The ionDESK service, applications, software and network (collectively, "ionDesk"
or "the Service") are operated by Gambrell Software and its affiliates
(collectively, "us", "we" or "the Company"). By accessing or using our web site
at www.ionDESK.com or the mobile version thereof (together the "Site") or by
posting any ionDESK related logos, buttons, API features on your site, you (the
"User") signify that you have read, understand and agree to be bound by these
Terms of Service ("Terms of Service" or "Agreement"), whether or not you are a
registered member of ionDesk. We reserve the right, at our sole discretion, to
change, modify, add, or delete portions of these Terms of Service at any time
without further notice. If we do this, we will post the changes to these Terms
of Service on this page and will indicate at the top of this page the date these
terms were last revised. Your continued use of the Service or the Site after any
such changes constitutes your acceptance of the new Terms of Service. If you do
not agree to abide by these or any future Terms of Service, do not use or access
(or continue to use or access) the associated Service(s) or the Site. It is your
responsibility to regularly check the Site to determine if there have been
changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE
VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS
HOW DISPUTES WILL BE RESOLVED.
Eligibility
Membership in the Service is void where prohibited. This Site is intended solely
for users who are thirteen (13) years of age or older. Any registration by, use
of or access to the Site by anyone under 18 must be accompanied by an adult of
21 years of age or older, is unauthorized, unlicensed and in violation of these
Terms of Service. By using the Service or the Site, you represent and warrant
that you are 13 years of age or older, and that you agree to and to abide by all
of the terms and conditions of this Agreement.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate,
current and complete information about you as may be prompted by any
registration forms on the Site ("Registration Data"); (b) maintain the security
of your password and identification; (c) maintain and promptly update the
Registration Data, and any other information you provide to Company, to keep it
accurate, current and complete; and (d) be fully responsible for all use of your
account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs,
text, graphics, pictures, video, information, applications, software, music,
sound and other files, and their selection and arrangement (the "Site Content"),
are the proprietary property of the Company, its users or its licensors with all
rights reserved. No Site Content may be modified, copied, distributed, framed,
reproduced, republished, downloaded, displayed, posted, transmitted, or sold in
any form or by any means, in whole or in part, without the Company’s prior
written permission, except that the foregoing does not apply to your own User
Content (as defined below) that you legally post on the Site. Provided that you
are eligible for use of the Site, you are granted a limited license to access
and use the Site and the Site Content and to download or print a copy of any
portion of the Site Content to which you have properly gained access solely for
your personal, non-commercial use, provided that you keep all copyright or other
proprietary notices intact. Except for your own User Content, you may not upload
or republish Site Content on any Internet, Intranet or Extranet site or
incorporate the information in any other database or compilation, and any other
use of the Site Content is strictly prohibited. Such license is subject to these
Terms of Service and does not include use of any data mining, robots or similar
data gathering or extraction methods. Any use of the Site or the Site Content
other than as specifically authorized herein, without the prior written
permission of Company, is strictly prohibited and will terminate the license
granted herein. Such unauthorized use may also violate applicable laws including
copyright and trademark laws and applicable communications regulations and
statutes. Unless explicitly stated herein, nothing in these Terms of Service
shall be construed as conferring any license to intellectual property rights,
whether by estoppels, implication or otherwise. This license is revocable at any
time without notice and with or without cause.
Trademarks
ionDesk and other Company graphics, logos, designs, page headers, button icons,
scripts and service names are registered trademarks, trademarks or trade dress
of Company in the U.S. and/or other countries. Company’s trademarks and trade
dress may not be used, including as part of trademarks and/or as part of domain
names, in connection with any product or service in any manner that is likely to
cause confusion and may not be copied, imitated, or used, in whole or in part,
without the prior written permission of the Company.
User Conduct
You represent, warrant and agree that no materials of any kind submitted through
your account or otherwise posted, transmitted, or shared by you on or through
the Service will violate or infringe upon the rights of any third party,
including copyright, trademark, privacy, publicity or other personal or
proprietary rights; or contain libelous, defamatory or otherwise unlawful
material.
In addition, you agree not to use the Service or the Site to:
harvest or collect email addresses or other contact information of other users
from the Service or the Site by electronic or other means for the purposes of
sending unsolicited emails or other unsolicited communications; use the Service
or the Site in any unlawful manner or in any other manner that could damage,
disable, overburden or impair the Site; use automated scripts to collect
information from or otherwise interact with the Service or the Site; upload,
post, transmit, share, store or otherwise make available any content that we
deem to be harmful, threatening, unlawful, defamatory, infringing, abusive,
inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or
publicity rights, hateful, or racially, ethnically or otherwise objectionable;
register for more than one User account, register for a User account on behalf
of an individual other than yourself, or register for a User account on behalf
of any group or entity; impersonate any person or entity, or falsely state or
otherwise misrepresent yourself, your age or your affiliation with any person or
entity; upload, post, transmit, share or otherwise make available any
unsolicited or unauthorized advertising, solicitations, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation; upload, post, transmit, share, store or otherwise make publicly
available on the Site any private information of any third party, including,
addresses, phone numbers, email addresses, Social Security numbers and credit
card numbers; solicit personal information from anyone under 18 or solicit
passwords or personally identifying information for commercial or unlawful
purposes; upload, post, transmit, share or otherwise make available 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; intimidate or harass
another; upload, post, transmit, share, store or otherwise make available
content that would constitute, encourage or provide instructions for a criminal
offense, violate the rights of any party, or that would otherwise create
liability or violate any local, state, national or international law; use or
attempt to use another’s account, service or system without authorization from
the Company, or create a false identity on the Service or the Site. upload,
post, transmit, share, store or otherwise make available content that, in the
sole judgment of Company, is objectionable or which restricts or inhibits any
other person from using or enjoying the Site, or which may expose Company or its
users to any harm or liability of any type.
User Content Posted on the Site or Related Services
You are solely responsible for the photos, profiles (including your name, image,
and likeness), messages, notes, text, information, music, video, advertisements,
listings, and other content that you upload, publish or display (hereinafter,
"post") on or through the Service or the Site, or transmit to or share with
other users (collectively the "User Content"). You may not post, transmit, or
share User Content on the Site or Service that you did not create or that you do
not have permission to post. You understand and agree that the Company may, but
is not obligated to, review the Site and may delete or remove (without notice)
any Site Content or User Content in its sole discretion, for any reason or no
reason, including User Content that in the sole judgment of the Company violates
this Agreement or the ionDESK Code of Conduct, or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the safety of users
or others. You are solely responsible at your sole cost and expense for creating
backup copies and replacing any User Content you post or store on the Site or
provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such
copies thereof as we deem necessary in order to facilitate the posting and
storage of the User Content on the Site. By posting User Content to any part of
the Site, you automatically grant, and you represent and warrant that you have
the right to grant, to the Company an irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license (with the right to sublicense) to
use, copy, publicly perform, publicly display, reformat, translate, excerpt (in
whole or in part) and distribute such User Content for any purpose, commercial,
advertising, or otherwise, on or in connection with the Site or the promotion
thereof, to prepare derivative works of, or incorporate into other works, such
User Content, and to grant and authorize sublicenses of the foregoing. You may
remove your User Content from the Site at any time. If you choose to remove your
User Content, the license granted above will automatically expire, however you
acknowledge that the Company may retain archived copies of your User Content.
ionDESK does not assert any ownership over your User Content; rather, as between
us and you, subject to the rights granted to us in these Terms, you retain full
ownership of all of your User Content and any intellectual property rights or
other proprietary rights associated with your User Content.
ionDESK Mobile Services
The Service includes certain services that are available via your mobile phone,
including (i) the ability to upload content to ionDESK via your mobile phone
(Mobile Uploads), (ii) the ability to receive and reply to ionDESK messages
using text messaging (Mobile Texts), (iii) the ability to browse ionDESK from
your mobile phone (Mobile Web), and (iv) the ability to access certain ionDESK
features through a mobile application you have downloaded and installed on your
mobile phone (Mobile Client) (collectively the "Mobile Services"). We do not
charge for these Mobile Services. However, your carrier’s normal messaging, data
and other rates and fees will still apply. You should check with your carrier to
find out what plans are available and how much they cost. In addition,
downloading, installing, or using certain Mobile Services may be prohibited or
restricted by your carrier, and not all Mobile Services may work with all
carriers or devices. Therefore, you should check with your carrier to find out
if the Mobile Services are available for your mobile devices, and what
restrictions, if any, may be applicable to your use of such Mobile Services. By
using the Mobile Services, you agree that we may communicate with you regarding
ionDESK and other entities by SMS, MMS, text message or other electronic means
to your mobile device and that certain information about your usage of the
Mobile Services may be communicated to us. In the event you change or deactivate
your mobile telephone number, you agree to promptly update your ionDESK account
information to ensure that your messages are not sent to the person that
acquires your old number.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from
uploading, posting or otherwise transmitting on the ionDESK website or service
any materials that violate another party’s intellectual property rights. When we
receive proper Notification of Alleged Copyright Infringement as described in
our ionDESK Copyright Policy, we promptly remove or disable access to the
allegedly infringing material and terminate the accounts of repeated infringers
as described herein in accordance with the Digital Millennium Copyright Act. If
you believe that any material on the Site infringes upon any copyright which you
own or control, you may send a written notification of such infringement to our
Designated Agent. Please contact us.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other
applicable law, Company has adopted a policy of terminating, in appropriate
circumstances and at Company’s sole discretion, members who are deemed to be
repeat infringers. Company may also at its sole discretion limit access to the
Site and/or terminate the memberships of any users who infringe any intellectual
property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to
other web sites ("Third Party Sites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications,
software and other content or items belonging to or originating from third
parties (the "Third Party Applications, Software or Content"). Such Third Party
Sites and Third Party Applications, Software or Content are not investigated,
monitored or checked for accuracy, appropriateness, or completeness by us, and
we are not responsible for any Third Party Sites accessed through the Site or
any Third Party Applications, Software or Content posted on, available through
or installed from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices or other policies of or contained in
the Third Party Sites or the Third Party Applications, Software or Content.
Inclusion of, linking to or permitting the use or installation of any Third
Party Site or any Third Party Applications, Software or Content does not imply
approval or endorsement thereof by us. If you decide to leave the Site and
access the Third Party Sites or to use or install any Third Party Applications,
Software or Content, you do so at your own risk and you should be aware that our
terms and policies no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any site to which
you navigate from the Site or relating to any applications you use or install
from the site.
ionDESK Workspace Applications
The ionDESK Workspace is a set of APIs and services provided by ionDESK that
enable third-party developers ("Workspace Developers") to create websites and
applications that retrieve data made available by ionDESK and its users and/or
that retrieve authorized data from third-party sites for use on the ionDESK Site
("Workspace Applications")
Workspace Developers may use the ionDESK Workspace and create Workspace
Applications only in accordance with the terms and conditions set forth in an
agreement entered into between ionDESK and the Workspace Developer ("Developer
Terms"). Our standard Developer Terms consist of the ionDESK Developer Terms of
Service and the related ionDESK Workspace Application Guidelines. We may from
time to time enter into separate agreements with certain third party Workspace
Developers that contain different or additional terms, provided however, that
each such separate agreement will require the third party Workspace Developer to
only display your information in accordance with your ionDESK privacy settings.
The standard Developer Terms are subject to change without prior notice at any
time, in the Company’s sole discretion, so you should review these documents
from time to time. ALL USE OF THE ionDESK Workspace IS PROVIDED "AS IS" AND AT
YOUR OWN RISK.
Users who install Workspace Applications must agree to the terms and conditions
set forth in the Workspace Application Terms of Service ("Application User
Terms") and in these Terms of Service. The Application User Terms are subject to
change without prior notice at any time, in the Company’s sole discretion, so
you should review these terms each time you install an application and from time
to time. Workspace Developers may require you to agree to their own terms of
service, privacy policies and/or other policies as a condition of using
Workspace Applications. Workspace Applications have not been approved, endorsed,
or reviewed in any manner by ionDesk, and we are not responsible for your use of
or inability to use any Workspace Applications, including the content, accuracy,
or reliability of such Application and the privacy practices or other policies
of Developers. YOU USE SUCH Workspace APPLICATIONS AT YOUR OWN RISK.
If you or members of your network use any Workspace Applications, such Workspace
Applications may access and share certain information about you with others in
accordance with your privacy settings as further described in our Privacy
Policy. Workspace Developers are required to agree to restrictions on access,
storage and use of such information. However, while we have undertaken
contractual and technical steps to restrict possible misuse of such information
by such Workspace Developers, we do not screen or approve Developers, and we
cannot and do not guarantee that all Workspace Developers will abide by such
restrictions and agreements. Certain actions you take through the Workspace
Applications may be displayed to your friends in your profile, mini-feed and
news feed, and you may opt-out of displaying your Workspace Application actions
on the Privacy Settings page. Please report any suspected misuse of information
through the ionDESK Workspace as described in our Privacy Policy.
You may set your preferences for your news feed and mini-feed here.
Terms of Sale
All sales are final and are not subject for refund.
No long term contracts or obligations unless otherwise specified. Monthly charges are processed on the 1st of each month unless otherwise specified.
Cancellation of service must be initiated by email containing notice of cancellation and invoice number.
User Disputes
You are solely responsible for your interactions with other ionDESK users. We
reserve the right, but have no obligation, to monitor disputes between you and
other users.
Privacy
We care about the privacy of our users. By using the Site or the Service, you
are consenting to have your personal data transferred to and processed in the
United States.
Disclaimers
The Company is not responsible or liable in any manner for any User Content or
Third Party Applications, Software or Content posted on the Site or in
connection with the Service, whether posted or caused by users of the Site, by
ionDesk, by third parties or by any of the equipment or programming associated
with or utilized in the Site or the Service. Although we provide rules for user
conduct and postings, we do not control and are not responsible for what users
post, transmit or share on the Site and are not responsible for any offensive,
inappropriate, obscene, unlawful or otherwise objectionable content you may
encounter on the Site or in connection with any User Content or Third Party
Applications, Software or Content. The Company is not responsible for the
conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for
maintenance or other reasons. Company assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, User communications. The Company is not responsible for any
technical malfunction or other problems of any telephone network or service,
computer systems, servers or providers, computer or mobile phone equipment,
software, failure of email or users on account of technical problems or traffic
congestion on the Internet or at any Site or combination thereof, including
injury or damage to User’s or to any other person’s computer, mobile phone, or
other hardware or software, related to or resulting from using or downloading
materials in connection with the Web and/or in connection with the Service,
including any Mobile Client software. Under no circumstances will the Company be
responsible for any loss or damage, including any loss or damage to any User
Content or personal injury or death, resulting from anyone’s use of the Site or
the Service, any User Content or Third Party Applications, Software or Content
posted on or through the Site or the Service or transmitted to Users, or any
interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES), ANY WORKSPACE
APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS
ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE
ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY
Workspace APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE,
CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY WORKSPACE APPLICATIONS ARE
ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE
ITS SERVERS, OR ANY WORKSPACE APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF
ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO
DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND
AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE
(INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY Workspace
APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR
COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other
items used or contained in the Site and any Services and Workspace Applications
offered through the Site at any time without notice. Reference to any products,
services, processes or other information, by trade name, trademark,
manufacturer, and supplier or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof, or any affiliation
therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU
OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING
FROM YOUR USE OF THE SITE OR THE SERVICE, ANY WORKSPACE APPLICATIONS OR ANY OF
THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE
SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE
COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL
THE COMPANY’S LIABILITY TO YOU EXCEED $.01. YOU ACKNOWLEDGE THAT IF NO FEES ARE
PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY,
UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY
KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Termination
The Company may terminate your membership, delete your profile and any content
or information that you have posted on the Site or through any Workspace
Application and/or prohibit you from using or accessing the Service or the Site
or any Workspace Application (or any portion, aspect or feature of the Service
or the Site or any Workspace Application) for any reason, or no reason, at any
time in its sole discretion, with or without notice, including if it believes
that you are under 18. When we are notified that a user has died, we will
generally, but are not obligated to, keep the user’s account active under a
special memorialized status for a period of time determined by us to allow other
users to post and view comments.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the
State of Georgia, without regard to principles of conflict of laws, will govern
these Terms of Service and any dispute of any sort that might arise between you
and the Company or any of our affiliates. With respect to any disputes or claims
not subject to arbitration (as set forth below), you agree not to commence or
prosecute any action in connection therewith other than in the state and federal
courts of Georgia, and you hereby consent to, and waive all defenses of lack of
personal jurisdiction and forum non conveniens with respect to, venue and
jurisdiction in the state and federal courts of Georgia.
Arbitration
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO
SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE
SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND
CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE Terms of Service, THE SITE
AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE
SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent
that either of us has in any manner infringed upon or violated or threatened to
infringe upon or violate the other party’s patent, copyright, trademark or trade
secret rights, or you have otherwise violated any of the user conduct rules set
forth above or in the Code of Conduct then the parties acknowledge that
arbitration is not an adequate remedy at law and that injunctive or other
appropriate relief may be sought; and (b) no disputes or claims relating to any
transactions you enter into with a third party through the ionDESK Marketplace
may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration
Association (the "AAA") under its Commercial Arbitration Rules and, in the case
of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related
Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The
location of the arbitration and the allocation of costs and fees for such
arbitration shall be determined in accordance with such AAA Rules and shall be
subject to the limitations provided for in the AAA Consumer Rules (for consumer
disputes). If such costs are determined to be excessive in a consumer dispute,
the Company will be responsible for paying all arbitration fees and arbitrator
compensation in excess of what is deemed reasonable. The arbitrator’s award
shall be binding and may be entered as a judgment in any court of competent
jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER
THESE Terms of Service SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM,
INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF
THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no
event shall any claim, action or proceeding by you related in any way to the
Site and/or the Service (including your visit to or use of the Site and/or the
Service) be instituted more than three (3) years after the cause of action
arose.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates,
and each of their directors, officers, agents, contractors, partners and
employees, harmless from and against any loss, liability, claim, demand,
damages, costs and expenses, including reasonable attorney’s fees, arising out
of or in connection with any User Content, any Third Party Applications,
Software or Content you post or share on or through the Site (including through
the Share Service), your use of the Service or the Site, your conduct in
connection with the Service or the Site or with other users of the Service or
the Site, or any violation of this Agreement or of any law or the rights of any
third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback or other information about the Site or the Service ("Submissions"),
provided by you to Company are non-confidential and shall become the sole
property of Company. Company shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any purpose, commercial or otherwise,
without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for
example", and other similar terms are deemed to include the term "without
limitation" immediately thereafter. Terms used in these Terms with the initial
letter(s) capitalized will have the meaning attributed to them in these Terms.
Other
These Terms of Service constitute the entire agreement between you and Company
regarding the use of the Site and/or the Service, superseding any prior
agreements between you and Company relating to your use of the Site or the
Service. The failure of Company to exercise or enforce any right or provision of
these Terms of Service shall not constitute a waiver of such right or provision
in that or any other instance. If any provision of this Agreement is held
invalid, the remainder of this Agreement shall continue in full force and
effect. If any provision of these Terms of Service shall be deemed unlawful,
void or for any reason unenforceable, then that provision shall be deemed
severable from these Terms of Use and shall not affect the validity and
enforceability of any remaining provisions.
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