Terms of Use Agreement
1. Use of Web Site. This Web site ("our sites", "the sites", "sites", or "Sites"), is an online information and communication service provided by Insight 49, LLC ("Insight 49, LLC", "Insight 49", "Company", or "our") and may be used for informational purposes only. By accessing and using the site, services, information or products provided by Insight 49, LLC, or downloading materials from the site, you accept, without limitation or qualification, this Terms of Use Agreement. Insight 49, LLC reserves the right, in its sole discretion, to modify, alter or otherwise change these Terms of Use at any time. Such modifications shall be effective immediately upon posting of the modified Terms of Use. Please check these Terms of Use periodically for changes. By using this Web site after any changes to these Terms of Use are posted, you are indicating your acceptance of those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, do not use this site, our products, information, or services. Insight 49, LLC retains the right to deny access to anyone at its complete discretion for any reason including, but not limited to, violation of any of these Terms of Use.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (c) be fully responsible for all use of your account and for any actions that take place using your account.
2. Intellectual Property, Trademarks, Copyrights and Restrictions. All material on this Web site, danhertz.com, pixody.com or any Web site or service owned, operated, licensed or controlled by Insight 49, LLC, including, but not limited to textual content, images, illustrations, audio and/or video ("Materials"), is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Insight 49, LLC, its users, its licensors, or third parties. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means, without the express prior written consent of Insight 49, LLC, except where provided for as a feature or service of the Site. When you view, use, access, interact with, email, print or download Materials, you do not obtain any ownership rights to that material. Materials are dated as of the date originally issued, submitted, published or indicated on the material, and may no longer be accurate. Insight 49, LLC assumes no obligation for the accuracy of, or to update, such materials.
You acknowledge that Insight 49, LLC, its users, its licensors, or third parties own all right, title and interest in and to all information, content, Materials, business methods, presentation, user-experience design, portions thereof, or software provided through or in conjunction with this Web site, danhertz.com, pixody.com, or any Web site or service owned, operated, licensed or controlled by Insight 49, LLC, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
3. User Content Posted on the Site. Copyright for user content posted on this site ("User Content" or "user content") is held by the legitimate copyright owner, or owners, of the material. When you post User Content, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site, our partner sites, third party sites, or any Web site or service owned, operated, licensed or controlled by Insight 49, LLC.
By posting User Content to any part of the Site, or have us post User Content on your behalf, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will remain in effect for any archived copies of your User Content. The Company does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
4. Passwords. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Insight 49, LLC of any unauthorized use of your password or account or any other breach of security. Insight 49, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
5. Links. This Web site may contain links or references to other Web sites ("Linked Sites"). Similarly, this Web site may be accessed from third party links. The Linked Sites are for your convenience only, and you access them at your own risk. Insight 49, LLC is not responsible for, and does not endorse, the contents, advertising, products, services, other materials or availability, accuracy, currency, or completeness of any information contained in any Linked Sites. Insight 49, LLC shall have no liability for any damages or injuries of any kind arising from such content or information. Insight 49, LLC welcomes plain-text hyper-links to the following url only: http://danhertz.com, pixody.com. We reserve the right to rescind any permission granted by us to link to this Web site, and to require immediate termination of any such link. You may not frame or otherwise incorporate into another Web site any of the content or other Materials on the Insight 49, LLC Web site without prior written consent of Insight 49, LLC.
6. Submissions. We welcome your comments about any feature of this Web site or any products or services owned, produced. operated or licensed by Insight 49, LLC. Any creative idea, suggestion, information or material ("Submission"), submitted to Insight 49, LLC shall become our property. No Submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any Submission. You agree not to post, send or submit any Material that is abusive, vulgar, threatening, harassing, taunting, libelous, defamatory, obscene, invades a person's privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You agree not to post, send or submit any Material that is commercial in manner. You agree not to post, send or submit any information, software or other material that contains a virus or other harmful component.
7. Disclaimers. THE SERVICES, PRODUCTS, INFORMATION AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER THE MEMORIAL PROJECT NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER THE MEMORIAL PROJECT NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICES, PRODUCTS, INFORMATION OR MATERIALS IN THIS SITE, OR ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
8. Limitation of liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE MEMORIAL PROJECT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY MEMORIAL PROJECT SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MEMORIAL PROJECT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR DOWNLOADING OF MATERIALS POSTED ON OR LINKED FROM THE SITE.
9. Indemnification. You agree to indemnify, defend and hold harmless Insight 49, LLC, its officers, directors, employees, agents, suppliers, licensors and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys' fee, resulting from any violation by you of these Terms of Use.
10. Governing Law. This Terms of Use Agreement and your use of the Web site shall be governed by the laws of the United States of America and the State of Delaware without regard to its conflicts of laws principles. Any legal action or proceeding related to this Web site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Delaware.
11. Miscellaneous. If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Insight 49, LLC reserves the right to alter, withhold or delete materials from this Web site at any time at its sole discretion. Insight 49, LLC does not endorse, warrant or guarantee any services, products, information or materials offered on the Sites. Insight 49, LLC is not a party to, and does not monitor, any transaction between users and third party providers of products or services. Insight 49, LLC reserves the right to charge fees, surcharges and/or membership fees for any or all of its services currently provided for free at any time.
This Terms of Use Agreement was last updated: April 1, 2008.
