Use of Web Site Content
ibiliti reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, all or any part thereof, of the Content, with or without notice.
Certain sections of the Web Site may require registration before accessing. If you elect to register, you will establish a personal ibiliti account with your own unique password. You agree to maintain the security of your user identification, password and other confidential information relating to the use of your ibiliti account and to be responsible for any and all charges resulting from use of your ibiliti account. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your ibiliti passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your ibiliti account and password; (3) promptly inform ibiliti of any need to deactivate a password. You grant ibiliti and all other persons or entities involved in the operation of the Web Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Web Site. ibiliti cannot and does not assume any responsibility or liability for any information you submit, or for your or any third party's use or misuse of information transmitted or received using ibiliti tools and services. If you are under the age of 18, you may not use this Web Site. Further, ibiliti reserves the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in its sole discretion.
You agree that you will not post any communications or Content of any type to the Public Spaces (as defined below) or elsewhere on the Web Site that infringe or violate any rights of any party. By posting communications or Content to the Web Site, you agree that such submission is non-confidential for all purposes.
You agree that you will not send or transmit to ibiliti by email (including through the email addresses listed on the “Contact Us” link), any communication or Content that infringes or violates any rights of any party. Unless you indicate otherwise, if you submit any business information, idea, concept or invention to ibiliti by email, you agree such submission is non-confidential for all purposes.
If you make any post to a Public Space, you automatically grant, and if you are not the owner of such Content, then you also warrant that the owner of such Content or intellectual property has expressly given you the rights to grant ibiliti and other users a limited, royalty-free, world-wide, nonexclusive license to use, reproduce, sublicense, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or Content in any media or medium, or any form, format, or forum now known or hereafter developed, solely through the Web Site. You may remove such Content from the Web Site or request us to remove such Content at any time and the license granted above will automatically terminate. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not post them to the Web Site, including Public Spaces, or submit them to ibiliti by email without indicating in writing your desire to keep such submission confidential. You represent and warrant that you own or otherwise control all of the rights to the Content that you post or submit; that the Content is accurate; that use of the Content you supply does not violate these terms and conditions and will not cause injury to any person or entity; and that you will indemnify ibiliti for all claims resulting from Content you supply. We have the right but not the obligation to monitor and edit or remove any activity or Content. We take no responsibility and assume no liability for any Content posted by you or any third party.
ibiliti Member-To-Member Spaces ("Public Spaces")
If you use a Public Space, such as a public profile, chat room, bulletin board or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Spaces. ibiliti is not responsible for the consequences of any communications in the Public Spaces.
- Using a Public Space for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by ibiliti in its sole discretion;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or "spamming"; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Space or any other part of the Web Site, or which, in the judgment of ibiliti, exposes ibiliti or any parties doing business with or interacting with ibiliti to any liability or detriment of any type.
ibiliti reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in Public Spaces;
- Monitor, edit, or disclose any communication in the Public Spaces; or
- Edit or delete any communication(s) posted on the Web Site, regardless of whether such communication(s) violates these standards.
ibiliti reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. ibiliti has no liability or responsibility to users of the Web Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements, Searches and Links to Other Web Sites
ibiliti may provide links to third-party web sites. ibiliti also may select certain web sites as priority responses to search terms you enter and ibiliti may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. ibiliti does not recommend and does not endorse the content on any third-party web sites. ibiliti is not responsible for the content of linked third-party web sites, web sites framed within the Web Site, third-party web sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such web sites. ibiliti does not endorse any product advertised on the Web Site. ibiliti is not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of such advertisers on the Web Site.
Notice and Procedure for Making Claims of Copyright Infringement
We respect the intellectual property rights of others, and require that the people who use the Web Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the copyright agent named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that this procedure is exclusively for notifying ibiliti that your copyrighted material has been infringed. The copyright agent for receipt of your notice of claims of copyright infringement on the Web Site can be reached at email@example.com.
We own the names we use for our products and services on the Web Site, and these names are protected by trademark laws in the U.S. and internationally. An ® following a name on our Web Site indicates that the trademark has been registered in the United States. All trademarks are the property of their respective owners. If your activities are noncommercial, you may make use of our trademarks by linking to us or discussing us with others, as long as you make it clear that we are the owner of the trademark. Any other uses of our trademarks require our prior written approval.
You may not use ibiliti's trademarks in any of the following ways:
- In a non-ibiliti product name or publication title;
- Within or as part of your own trademarks;
- To identify non-ibiliti products or services;
- In a manner which will likely cause confusion;
- In a manner that implies that ibiliti sponsors, endorses or is otherwise connected with your own activities, products, or services; or
- In a manner that disparages ibiliti.
Linking To Us
Usually, we don't mind if you have a simple link from your web site to ours. However, you must first ask our permission if you want to incorporate our logo as a part of the hyperlink or if you intend to frame our Web Site or incorporate pieces of it into a different web site or product in a way that is not clear to our users. You are not allowed to link to us if you engage in illegal, obscene, or offensive Content, or if the link in any way has a negative impact on our reputation.
Termination of Service
Disclaimers – General
THIS WEB SITE IS OPERATED BY IBILITI ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, IBILITI DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEB SITE AND THE CONTENT OR INFORMATION PROVIDED THEREIN OR THE PRODUCTS AND SERVICES OFFERED THEREIN, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
IBILITI DOES NOT ENDORSE OR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT ANY WEB SITE YOU MAY ACCESS THROUGH THIS WEB SITE. LINKS TO OTHER WEB SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEB SITE.
IBILITI DOES NOT GUARANTEE THAT THE INFORMATION THAT IT PROVIDES ON THIS WEB SITE IS ACCURATE, CURRENT OR SUITABLE FOR A PARTICULAR PURPOSE. IBILITI ASSUMES NO OBLIGATION TO UPDATE POSTED INFORMATION. IBILITI DOES NOT GUARANTEE ACCESS TO THE WEB SITE, OR THAT THE WEB SITE WILL BE FREE OF VIRUSES, OR THAT THIRD PARTIES CANNOT TAMPER WITH THIS WEB SITE.
IBILITI MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEB SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
IBILITI ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE PRODUCTS AND SERVICES OFFERED ON THIS WEB SITE.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY ARE RELATED TO IMPLIED WARRANTIES.
Limitation of Liability
UNDER NO CIRCUMSTANCES, SHALL IBILITI OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, MISUSE OR INABILITY TO USE THIS WEB SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF IBILITI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEB SITE OR ANY CONTENT ON THE WEB SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF IBILITI UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
If you register for services or tools on the Web Site, you agree to keep your contact information, such as email address, accurate and up-to-date so that we can contact you regarding our policies. Failure to have accurate contact information may affect our ability to provide you notice.
Questions or comments
Last Updated June 24, 2010
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