Terms of Use
1. ACCEPTANCE OF TERMS
Welcome to iSOCS. iSOCS 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. You can review the most current version of the TOS at any
time at: http://iSOCS.com/legal/terms.
In addition, when using particular iSOCS services, you and iSOCS 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. iSOCS also may offer other services from
time to time that may be governed by different Terms of Services.
2. DESCRIPTION OF SERVICE
iSOCS currently provides users with access to a rich collection of resources,
including, various communications tools, personalized content and branded
programming through its network of properties (the "Service"). You
also understand and agree that the Service may include advertisements and that
these advertisements are necessary for iSOCS to provide the Service. Unless
explicitly stated otherwise, any new features that augment or enhance the
current Service, including the release of new iSOCS properties, shall be subject
to the TOS. You understand and agree that the Service is provided
"AS-IS" and that iSOCS assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user 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, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, 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 iSOCS has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, iSOCS has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion thereof). iSOCS
is concerned about the safety and privacy of all its users, particularly
children. For this reason, parents of children under the age of 13 who wish to
allow their children access to the Service must create a iSOCS Child Account.
When you create a iSOCS Child Account and add your child to the account, you
certify that you are at least 18 years old and that you are the legal guardian
of the child/children listed on the iSOCS Child Account. By adding a child to
your iSOCS Child Account, you also give your child permission to access all of
the Services including, email, message boards (among others). Please remember
that the Service is designed to appeal to a broad audience. Accordingly, as the
legal guardian, it is your responsibility to determine whether any of the
Services and/or Content (as defined in Section 6 below) are appropriate for your
child.
4. iSOCS PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy at http://iSOCS.com/legal/privacy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. 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 iSOCS 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. iSOCS cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 5.
6. MEMBER 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 iSOCS,
are entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. iSOCS 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 iSOCS 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:
| a. |
upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable; |
| b. |
harm minors in any way; |
| c. |
impersonate any person or entity, including, but not limited to, a iSOCS
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity; |
| d. |
forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service; |
| e. |
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); |
| f. |
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; |
| g. |
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 shopping rooms) that are designated for such
purpose; |
| h. |
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; |
| i. |
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; |
| j. |
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; |
| k. |
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; |
| l. |
"stalk" or otherwise harass another; or |
| m. |
collect or store personal data about other users. |
You acknowledge that iSOCS does not pre-screen Content, but that iSOCS 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, iSOCS 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 iSOCS or submitted to iSOCS, including without limitation
information in iSOCS Sports Automation system, and in all other parts of the
Service.
You acknowledge and agree that iSOCS 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 iSOCS, 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
iSOCS 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 iSOCS
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 iSOCS Sports Automation System, 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 iSOCS Sports Automation Group 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 iSOCS 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 other
than iSOCS Sports Automation Groups, 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 iSOCS removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible areas of the
Service other than iSOCS Sports Automation Groups, the perpetual,
irrevocable and fully sublicensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and publicly display
such Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the iSOCS
network of properties that are intended by iSOCS to be available to the general
public. By way of example, publicly accessible areas of the Service would
include iSOCS Sports Automation sites that are open to both members and
visitors. However, publicly accessible areas of the Service would not include
portions of iSOCS Sports Automation sites that are limited to members, iSOCS
services intended for private communication such as iSOCS Mail, or areas off of
the iSOCS network of properties such as portions of World Wide Web sites that
are accessible through iSOCS Webring but are not hosted or served by iSOCS.
9. INDEMNITY
You agree to indemnify and hold iSOCS, 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 iSOCS may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size of any
email message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on iSOCS's servers on your behalf,
and the maximum number of times (and the maximum duration for which) you may
access the Service in a given period of time. You agree that iSOCS has no
responsibility or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted by the
Service. You acknowledge that iSOCS reserves the right to log off accounts that
are inactive for an extended period of time. You further acknowledge that iSOCS
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
iSOCS 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 iSOCS shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that iSOCS, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without limitation, for
lack of use or if iSOCS believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. iSOCS may also in its sole discretion and
at any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice, and
acknowledge and agree that iSOCS may immediately deactivate or delete your
account and all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree that iSOCS shall
not be liable to you or any third-party for any termination of your access to
the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that iSOCS shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because iSOCS has no control over such sites and
resources, you acknowledge and agree that iSOCS 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 iSOCS 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.
16. iSOCS' 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. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by iSOCS or
advertisers, 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.
iSOCS 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 iSOCS for use in accessing the
Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
| a. |
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. iSOCS
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. |
| b. |
iSOCS 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. |
| c. |
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. |
| d. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM iSOCS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS. |
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT iSOCS 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 iSOCS 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.
19. 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.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, 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. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The Service
is provided for informational purposes only, and no Content included in the
Service is intended for trading or investing purposes. iSOCS 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.
21. NOTICE
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.
22. TRADEMARK INFORMATION
iSOCS and the iSOCS logo trademarks
and service marks, and other iSOCS logos and product and service names are
trademarks of iSOCS Inc. (the "iSOCS Marks"). Without iSOCS' prior
permission, you agree not to display or use in any manner, the iSOCS Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
iSOCS 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 iSOCS' 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.
iSOCS' Agent for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
By mail:
iSOCS.com
c/o Legal Dept.
3711 Bosworth Avenue
Suite 1 South
Chicago, IL 60613
By phone: (773) 477-8922
By email: copyright@iSOCS.com
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and iSOCS and govern your
use of the Service, superceding any prior agreements between you and iSOCS. 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 iSOCS shall be governed by the laws of the
State of Illinois without regard to its conflict of law provisions. You and iSOCS
agree to submit to the personal and exclusive jurisdiction of the courts located
within the county of Chicago, Illinois. The failure of iSOCS 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.
25. VIOLATIONS
Please report any violations of the TOS to our Customer
Care group.
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