IND : iNDEMAND NETWORKS

Blog and Message Board Terms of Use

Last updated on September 28, 2007.

Introduction

Please read the following terms and conditions (collectively, "Terms of Use") which apply to your use of any weblog or message board, on any of iNDEMAND.com, MOJOHD.com, TooMuchForTV.com, or Howard.tv (together, a "Blog/Message Board"). By accessing and using any Blog/Message Board, you accept and agree to these Terms of Use without limitation or qualification, and acknowledge that any other agreements you may have with iN DEMAND L.L.C. are superseded by these Terms of Use, to the extent any conflict exists. If you do not agree with these Terms of Use, please do not use any Blog/Message Board.

We may at any time revise these Terms of Use by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms of Use from time to time.

In addition, please note that all Blog/Message Boards are governed by the Privacy Policy. You should review the Privacy Policy before further using any Blog/Message Board, as you will be bound by the terms of the Privacy Policy.

Use of Blog/Message Boards

You may not copy, download, distribute, modify, publish, transmit, display, sell, license, use, reuse, or create derivative works of any of the contents of or material displayed in any Blog/Message Board for any purpose whatsoever without our written consent or the consent of any third party we deem necessary. You may not access or use any Blog/Message Board in any way that could or is intended to damage or impair the operation of such Blog/Message Board, or any content of or material displayed in therein, or any server or network underlying such Blog/Message Board, or interfere with anyone else's use and enjoyment of such Blog/Message Board.

Copyrights and Other Proprietary Rights

You should assume that everything in the Blog/Message Boards is copyrighted unless otherwise noted and that it must not be used except as provided in these Terms of Use or with our express written consent or the consent of any third party we deem necessary. We neither warrant nor represent that your use of the material displayed in any Blog/Message Board will not infringe rights of third parties. Any material, service or technology described or used in any Blog/Message Board may be subject to other intellectual property rights owned by us or by third parties who have licensed such material, service or technology to us. Any such right that is not expressly licensed herein is reserved by us.

Images of people or places displayed in any Blog/Message Board are either our property or used by us with permission from third parties. You may not use these images unless expressly permitted in these Terms of Use or elsewhere in any Blog/Message Board. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.

Trademarks and Brand Names

The trademarks, logos and service marks, whether registered or unregistered (collectively the "Trademarks") displayed in every Blog/Message Board are Trademarks of iN DEMAND L.L.C., our affiliates, or others. Nothing contained in any Blog/Message Board should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in any Blog/Message Board without our written consent or the consent of such third party that owns the Trademark. Misuse of any Trademarks, or any other content, displayed in any Blog/Message Board is prohibited.

We encourage our visitors to participate in our Blog/Message Boards and provide comments to various entries provided in therein. You should, however, use good judgment in submitting your comments and not use any obscene, libelous, harassing, pornographic, indecent, or inappropriate language. We reserve the right to, at our sole discretion, not post any comments, or remove comments already posted, that we determine are spam, off-topic, or otherwise violates these Terms of Use and any other code of conduct posted in any Blog/Message Board. Note, however, we have no obligation to review the submitted comments and specifically disclaim any responsibility or liability for them.

Apart from your personal information (which is addressed in the Privacy Policy, any communication or material you submit to any Blog/Message Board, electronically or otherwise, including but not limited to comments, questions, suggestions, or submissions, is and will be treated as non-confidential and non-proprietary, unless otherwise stated in the Privacy Policy.

Any comments you submit to any Blog/Message Board may be used by us or our affiliates for any purpose, including, but not limited to, reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting material to a Blog/Message Board, you irrevocably transfer and assign to us, and forever waive and agree never to assert, any copyrights, "moral" rights, or other rights that you may have in such material. We and our affiliates are free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to any Blog/Message Board for any purpose whatsoever.

No Warranties/Limitation of Liability

ALTHOUGH WE ARE COMMITTED TO PROVIDING YOU WITH FACTUALLY ACCURATE AND CORRECT INFORMATION IN OUR BLOG/MESSAGE BOARDS, THE INFORMATION AND SERVICES PROVIDED OR REFERENCED IN THE BLOG/MESSAGE BOARDS ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER. WE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, THAT ANY INFORMATION OR SERVICE PROVIDED OR REFERENCED IN ANY BLOG/MESSAGE BOARD IS EITHER MERCHANTABLE OR ACCURATE, THAT SUCH INFORMATION OR SERVICE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS, OR THAT SUCH INFORMATION OR SERVICE DOES NOT INFRINGE ON ANY THIRD PARTY RIGHTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY BLOG/MESSAGE BOARD.

ANY OPINIONS OR STATEMENTS OR OTHER MATERIAL EXPRESSED, TRANSMITTED, OR POSTED IN ANY BLOG/MESSAGE BOARD BY BLOGGERS AND BY USERS ARE THOSE OF SUCH PARTIES, AND WE DO NOT ENDORSE ANY SUCH OPINION, STATEMENT, OR OTHER MATERIAL.

YOU MUST BE AWARE THAT ANY INFORMATION PROVIDED BY A BLOGGER OR USER MAY BE INCORRECT OR MISLEADING AND IT IS YOUR RESPONSIBILITY TO TAKE PRECAUTIONS AND USE COMMON SENSE WHEN USING ANY SUCH INFORMATION. ANY DECISION OR ACTION TAKEN BY YOU ON THE BASIS OF INFORMATION OR CONTENT PROVIDED IN ANY BLOG/MESSAGE BOARD IS AT YOUR SOLE DISCRETION AND RISK. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY SUCH DECISION, OR FOR THE ACCURACY, COMPLETENESS, USEFULNESS OR AVAILABILITY OF ANY CONTENT DISPLAYED, TRANSMITTED OR OTHERWISE MADE AVAILABLE IN ANY BLOG/MESSAGE BOARD, OR FOR THE TIMELINESS, DELETION OR MISDELIVERY OF, OR FAILURE TO STORE OR POST, ANY COMMUNICATIONS OR PERSONALIZATION SETTINGS.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING ANY BLOG/MESSAGE BOARD (INCLUDING THE BLOGGERS AND USERS WHO PROVIDE COMMENTS), WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY), HOWEVER CAUSED, ARISING OUT OF YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY MATERIAL OR CONTENT PROVIDED IN ANY BLOG/MESSAGE BOARD, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, WE ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES WHICH MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF ANY BLOG/MESSAGE BOARD. WE CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO ANY BLOG/MESSAGE BOARD.

Links

We have not reviewed all of the sites that are linked to any Blog/Message Board, and the fact such links are provided in any Blog/Message Board does not indicate our approval or endorsement of any material contained on any linked site. We are not responsible for the contents of any site linked to any Blog/Message Board. Your connection to and use of any such linked site is at your own risk.

Termination

We reserve the right to deny use of all or part of any Blog/Message Board to any user for any reason without notification. We may, in our sole discretion and at any time, modify or terminate any Blog/Message Board and remove or refuse to post any information, content or materials.

Copyrights and Copyright Agent

We respect the intellectual property of others, and we ask our users to do the same. If you are the owner of a United States copyright and you believe that your work has been copied in any Blog/Message Board in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located in the applicable Blog/Message Board;
4. your address, telephone number, and email address;
5. 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;
6. 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.

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

Additional Legal Information

These Terms of Use will be governed by and construed under the laws of the State of New York, excluding only its conflict of law provisions. Each user of any Blog/Message Board hereby submits to the exclusive jurisdiction of the courts within New York, New York, and waives any jurisdictional venue or inconvenient forum objections to such courts.

Any failure by us to enforce any of our rights under these Terms of Use or applicable laws shall not constitute a waiver of such right. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you, we, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining Terms of Use provisions shall retain their full force and effect.

You agree to follow and comply with any applicable laws in your use of any Blog/Message Board.

If you have any questions, comments, criticisms, or complaints about any Blog/Message Board, please feel free to email us.