iN DEMAND User Agreement
Thank you for visiting the iN DEMAND Network website(s) (including, but not limited to iNDEMAND.com, MOJOHD.com, Howard.TV and TooMuchforTV.com, together "iNDEMAND.com"). Before you can register with the consumer site at iNDEMAND.com, we ask that you read and understand the following User Agreement.
1. Definitions.
The iNDEMAND.com World Wide Web site is operated by iN DEMAND L.L.C. ("iND"). Access to iNDEMAND.com is available to iND consumers and other users who accept to be bound by the terms of this User Agreement ("Users"). Complete access to iNDEMAND.com is available to Users who choose to register and set up a membership account ("Account"). If you choose not to register on iNDEMAND.com, you may not have access to all web pages or areas of iN DEMAND.com.
2. General.
This Agreement and any rules and conditions specified on screen on iNDEMAND.com sets forth the terms and conditions that apply to the use of iNDEMAND.com by User. By accepting below, User agrees to comply with all of the terms and conditions hereof. The right to use iNDEMAND.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account under any screen name or password by any person or entity and for ensuring that User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password. Please read this document carefully. iND shall have the right at any time to change or discontinue iNDEMAND.com, and any aspect or feature hereof, including, but not limited to, content, hours of availability, equipment needed for access or use and any other capability(ies) of the site.
iND may change or modify the terms and conditions applicable to User's use of iNDEMAND.com or any part thereof or to impose new conditions at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting herein, and any other notice of such which may be given by any means including, but not limited to, electronic or conventional mail. Any use of iNDEMAND.com by User after such change, modification, addition or deletion shall be deemed to constitute acceptance by User thereof.
Use of or participation in any blog or message board by User is subject to the terms and conditions set forth in the Blog and Message Board User Agreement. To review the Blog and Message Board User Agreement, click here.
3. Equipment and Charges.
User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of iNDEMAND.com and all charges, including telecommunications charges, related thereto.
4. User Conduct.
User shall use iNDEMAND.com for lawful purposes only. User shall not post or transmit through iNDEMAND.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without iND's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that, in iND's sole discretion, restricts or inhibits any other User from using or enjoying iNDEMAND.com will not be permitted. User shall not use iNDEMAND.com to advertise or perform any commercial solicitation online, including (but not limited to) the solicitation of Users to become users of other on-line information services. iNDEMAND.com contains copyrighted material, trademarks and other proprietary information, including (but not limited to) text, software, photos, video, graphics, music and sound, and the entire contents of iNDEMAND.com are copyrighted as a collective work under the United States copyright laws (collectively, the "Materials"). iND owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to iND . User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Materials or other content on iNDEMAND.com, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or downloading of the Materials or other content is permitted without the express permission of iND and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
USER SHALL NOT UPLOAD ANY INFRINGING MATERIALS TO iNDEMAND.COM. User shall not post, submit or otherwise make available on iNDEMAND.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of iNDEMAND.com, User automatically grants, or if User is not the owner, warrants that the owner of such material has expressly granted iND the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants iND the right to edit, copy, publish and distribute any material made available on iNDEMAND.com by User.
The foregoing provisions of Section 4 are for the benefit of iND, its members, subsidiaries, affiliates, licensors, licensees and third party content providers and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Disclaimer of Warranty; Limitation of Liability.
User expressly agrees that use of iNDEMAND.com is at User's sole risk. Neither iND, its affiliates, nor any of their respective employees, agents, third party content providers, or licensors warrant that iNDEMAND.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of iNDEMAND.com, or as to the accuracy, reliability, or content of any information, service, or merchandise provided through iNDEMAND.com.
iNDEMAND.com is provided on an "as is" basis without warranties of any kind, either express or implied, including (but not limited to) warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. User specifically acknowledges that iND is not liable for the defamatory, offensive, or illegal conduct of other Users or their parties and that the risk of injury from the foregoing rests entirely with User.
In no event will iND, or any person or entity involved in creating, producing or distributing iNDEMAND.com or the iNDEMAND.com downloadable software, be liable for any damages, including (without limitation) direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use iNDEMAND.com. User hereby acknowledges that the provisions of this section shall apply to all content on iNDEMAND.com.
In addition to the terms set forth above, neither iND nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within iNDEMAND.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including (but not limited to) lost profits, punitive or consequential damages. Neither iND nor its affiliates, information providers or content providers warrant or guarantee the timeliness, sequence, accuracy, or completeness of the information provided on iNDEMAND.com. Additionally, there are no warranties as to the results obtained from the use of the information.
If any of the above limitations do not apply to the extent applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, iND's total liability for all losses, damages and causes of action [in contract, tort (including without limitation, negligence), or otherwise] will not be greater than the amount paid to access this site.
6. Monitoring.
iND shall have the right, but not the obligation, to monitor the content and User traffic of iNDEMAND.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by iND and to satisfy any law, regulation or authorized government request. iND shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on iNDEMAND.com. Without limiting the foregoing, iND shall have the right to remove any material that iND, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
7. Indemnity.
User agrees to defend, indemnify and hold harmless iND, and its members and the respective shareholders, directors, officers, employees and agents of the foregoing from and against any and all claims and expenses, including attorneys fees, arising out of the use of iNDEMAND.com by User or User's Account.
8. Termination.
Either iND or User may terminate this Agreement at any time. Without limitation of the foregoing, iND may immediately terminate User's Account and use of iNDEMAND.com in the event of any conduct by User which iND, in its sole and absolute discretion, considers to be unacceptable or in breach of this Agreement or any applicable law or regulation or which does or may tend to expose iND or any other content provider or licensor to any liability. The provisions of this user agreement shall survive any termination of this Agreement for any reason.
iND may terminate any user's access to or terminate in general any content, features, and/or services on iNDEMAND.com, in whole or in part, at any time.
9. Trademarks.
User shall have no rights to use any names, marks, logos, copyright titles, trademarks, service marks or other property of iND and/or its members, affiliates, parents or subsidiaries except as expressly provided herein. Any other trademarks or service marks and associated logos found herein are the trademarks or service marks of their respective owners in which user likewise has no rights. All rights not granted herein are hereby expressly reserved.
10. Third Party Sites.
iND is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, iND has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of iNDEMAND.com, are those of the respective author(s) or distributor(s) and not of iND. Neither iND nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through iNDEMAND.com represents the opinions and judgments of the respective information provider, User, or other user not under contract with iND. iND neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on iNDEMAND.com by anyone other than authorized iND employee spokespersons while acting in their official capacities. Under no circumstances will iND be liable for any loss or damage caused by a User's reliance on information obtained through iNDEMAND.com. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through iNDEMAND.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
iND may, from time to time, provide links and pointers to Internet sites maintained by third parties. iND does not operate or control in any respect any information, content, products or services on these sites. iND neither endorses nor is responsible for the accuracy or reliability of any site to which iNDEMAND.com is linked or any opinion, advice, statement or information made or provided in any third party site.
11. General.
This Agreement, the Privacy Policy posted on iNDEMAND.com, and any operating rules established by iND constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The provisions herein are for the benefit of iND, its affiliates, third party content providers and licensors and each of such shall have the right to assert and enforce such provisions directly on its own behalf.
12. Digital Millennium Copyright Act (DMCA) - Infringement Notification.
If you believe that any of the materials on our web site infringe your copyright, you should notify us of your copyright infringement claim in accordance with the procedures described below. We will process claims of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. Any claimed copyright infringement notifications should be sent to this our designated agent:
Michael Berman, Senior Vice President and General Counsel Email: LegalDepartment@indemand.com
To be effective, the notification must be in writing and contain the following information (see DMCA, 17 U.S.C. § 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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