1. ACCEPTANCE OF TERMS
Welcome to iPR Software, Inc. iPR Software, Inc. provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular iPR Software, Inc. services, you and iPR Software, Inc. shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
iPR Software, Inc. currently provides users and clients with access to a rich collection of resources, including, various marketing and communications tools, through its network of sites, including NewMediaWire.com, iPR Software.com and other hosted sites (the "Service"). You also understand and agree that the service may include certain communications from iPR Software, Inc., such as service announcements, administrative messages and the iPR Software, Inc. Newsletter, and that these communications are considered part of iPR Software, Inc. membership and you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new iPR Software, Inc. products or services, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that iPR Software, Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
When registering for access to specific content and services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or iPR Software, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, iPR Software, Inc. has the right to suspend or terminate your access and refuse any and all current or future use of the Service (or any portion thereof). iPR Software, Inc. is concerned about the safety and privacy of all its users.
5. CLIENT ACCOUNT, PASSWORD AND SECURITY
If you are an iPR Software, Inc. client, you will receive a password and account designation upon completing the Service's License Agreement. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify iPR Software, Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. iPR Software, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. CLIENT/MEMBER/USER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not iPR Software, Inc., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. iPR Software, Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will iPR Software, Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a iPR Software, Inc. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as iNewsbreaker) that are designated for such purpose (please read our complete Spam Policy);
- upload, post, email, transmit 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;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that iPR Software, Inc. does not pre-screen Content, but that iPR Software, Inc. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, iPR Software, Inc. and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by iPR Software, Inc. or submitted to iPR Software Inc., including without limitation information in iPR Software, Inc. Newsrooms, iPR Software, Inc. One-on-One rooms, and in all other parts of the Service.
You acknowledge and agree that iPR Software, Inc. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of iPR Software, Inc., its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
iPR Software, Inc. does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant iPR Software, Inc. the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of iPR Software, Inc. the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific iPR Software, Inc. Pressroom to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or iPR Software, Inc. removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or iPR Software, Inc. removes such Content from the Service.
"Publicly accessible" areas of the Service are those areas of the iPR Software, Inc. network of sites that are intended by iPR Software, Inc. to be available to the general public. By way of example, publicly accessible areas of the Service would include iPR Software, Inc. Newsrooms that are open to both members and visitors.
You agree to indemnify and hold iPR Software, Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that iPR Software, Inc. may establish general practices and limits concerning use of the Service, including without limitation the maximum disk space that will be allotted on iPR Software, Inc.'s servers on your behalf. You further acknowledge that iPR Software, Inc. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
iPR Software, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that iPR Software, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that iPR Software, Inc. may, under certain circumstances and without prior notice, immediately terminate your iPR Software, Inc. account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), and (e) unexpected technical issues or problems. Termination of your iPR Software, Inc. account includes (a) removal of access to all offerings within the Service, including but not limited to iPR Software’s Content Management Engine, iNewsbreaker, or Two-Way Video Conferencing, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in iPR Software, Inc.'s sole discretion and that iPR Software, Inc. shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because iPR Software, Inc. has no control over such sites and resources, you acknowledge and agree that iPR Software, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that iPR Software, Inc. 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, goods or services available on or through any such site or resource.
15. IPR SOFTWARE, INC.'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by iPR Software, Inc. you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
iPR Software, Inc. grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by iPR Software, Inc. for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IPR SOFTWARE INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- IPR SOFTWARE, INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IPR SOFTWARE, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IPR SOFTWARE, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. iPR Software, Inc. and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
21. TRADEMARK INFORMATION
iPR Software, Inc., the iPR Software, Inc. logo, and other iPR Software, Inc. logos and product and service names are trademarks of iPR Software, Inc. (the "iPR Software, Inc. Marks"). Without iPR Software, Inc.'s prior permission, you agree not to display or use in any manner, the iPR Software, Inc. Marks.
22. COPYRIGHTS and COPYRIGHT AGENTS
iPR Software, Inc. respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide iPR Software, Inc.'s Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
iPR Software, Inc.'s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
iPR Software, Inc.
16501 Ventura Blvd, Suite 408
Encino, CA 91436
By phone: 310-499-0544
By email: info@iPRsoftware.com
23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and iPR Software, Inc. and govern your use of the Service, superceding any prior agreements between you and iPR Software, Inc.. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and iPR Software, Inc. shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and iPR Software, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of iPR Software, Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to: admin@iPRsoftware.com
iPR Software, Inc. encourages you to use our service as long as you abide by the iPR Software, Inc. Terms of Service and iPR Software, Inc.'s prohibition on spamming and unethical marketing activities. The following are some examples of spamming that may violate the Terms of Service and iPR Software, Inc.'s Universal Spam Policy:
Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through iPR Software, Inc. computer systems.
Relaying email from a third party's mail servers without the permission of that third party.
Using or causing to be used iPR Software, Inc. computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
Using "robots" or otherwise harvesting other's email addresses from the iPR Software, Inc. site for purposes of sending unsolicited or unauthorized material.
Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times. Disrupting the normal flow of dialogue, or causing the screen to "scroll" faster than other users of the service are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real-time exchanges. Certain iPR Software, Inc. services may have additional spam guidelines explaining appropriate conduct for those services. Those additional policies are incorporated by reference into the iPR Software, Inc. Universal Spam Policy. It is the user's responsibility to check each property's guidelines for additional details regarding spam.
Violations of our Terms of Service or this Universal Spam Policy may result in legal action against you and the termination, without notice, of your iPR Software, Inc. pressroom and/or anything associated with it, including, but not limited to, email accounts, home pages, and newsrooms. Nothing in this policy is intended to grant any right to transmit email to or through iPR Software, Inc. computer systems. iPR Software, Inc. does not waive any rights by the failure to enforce this policy in every instance in which it might apply.
NOTICE: Sending unsolicited email advertisements to or through iPR Software, Inc. computer systems will use or cause to be used iPR Software, Inc. servers located in California. Any unauthorized use of iPR Software, Inc. computer systems is a violation of the iPR Software, Inc. Terms of Service, Universal Spam Policy, and certain federal and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code, and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
Please report violations of this Universal Spam Policy to info@iPRsoftware.com.