1. User Conduct
You agree to not use the Site in a manner that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, and invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable. You agree that you will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or attempt to disguise the origin of anything transmitted through the Site. You will not use the Site to transmit anything that you do not have a right to transmit 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) and you agree that you will not email or otherwise transmit anything that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party. Your participation in any discussion groups through the Site will not interfere with or disrupt the servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
You understand that information, data, messages or other materials transmitted are the sole responsibility of the person from whom such material originated. This means that you and not InsideOUT Publications & Marketing are entirely responsible for all uploads and/or emails transmitted via the Site. Under no circumstances will InsideOUT Publications & Marketing be liable in any way for your use of the Site, including but not limited to any errors or omissions in any information available from the Site or for any loss or damage of any kind incurred as a result of the use of the Site or any information obtained from the Site. InsideOUT Publications & Marketing reserves the right to modify, suspend and/or discontinue the Site, at any time, in its sole discretion.
4. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of sponsors, suppliers, partners or advertisers (collectively “Advertisers”) found on or through your use of the Site, if any, 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 Advertisers. You agree that InsideOUT Publications & Marketing 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 such third parties participating on the Site. However we may be privy to and use personal information provided by you to such parties.
6. InsideOUT Publications & Marketing Proprietary Rights
7. Consent and Release
For adequate consideration received, you hereby give InsideOUT Publications & Marketing, its parent, and their direct and indirect subsidiaries and affiliates and those acting with its authority (collectively, “InsideOUT Publications & Marketing”) the absolute, unrestricted, irrevocable and worldwide right, with respect to any information concerning you, including your name and biographical and employment information, and any photographic image made of you, or any work product created by you (including text material and photograph), and whether digital or otherwise (collectively, the “Information”):(a) to display, reproduce, broadcast, publish, edit, modify or prepare derivative works or otherwise use the information, in whole or in part, individually or in connection with, or as a composite of other photographs or other matter, including text, data, images, illustrations, animation graphics, in video or audio segments of any nature, on any of InsideOUT Publications & Marketing marketing materials, websites or in any other public or private medium, including all formats of print, computer readable electronic, magnetic, digital, laser or optical based media (the “Work”) and for any purpose whatsoever, including but not limited to product promotion and advertising (the “Permitted Use”);
(b) to register the copyright of the Information and any Work in InsideOUT Publications & Marketing name or any other names that it may choose; and
(c) to use and permit your name to be used in connection with the Information and any Work, whether an original or modified form as InsideOUT Publications & Marketing so chooses.You hereby release and discharge InsideOUT Publications & Marketing, its agents, employees, officers, shareholders, successors and assigns from any and all claims and demands you may now or hereafter have arising out of or in connection with the Permitted Uses of the Information or any Work, including, without limitation, any and all claims for the right of privacy, publicity, libel or slander and any and all claims and/or demands for royalties associated therewith.
You agree that there shall be no obligation to utilize the authorization granted by you hereunder. The terms of this authorization shall commence on the date this consent and release is transmitted to InsideOUT Publications & Marketing hereof and will be without limitation. This consent and release shall also inure to the benefit of the legal representatives, licensees and assigns of InsideOUT Publications & Marketing as well as the person(s) who recorded or otherwise assisted in the publication of the Permitted Uses of the Information and any Work.
8. DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INSIDEOUT PUBLICATIONS & MARKETING 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, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE SITE.
(b) INSIDEOUT PUBLICATIONS & MARKETING MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE 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.
INSIDEOUT PUBLICATIONS & MARKETING ASSUMES NO RESPONSIBILITY FOR ANY FAILURE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY INFORMATION, TIMELINESS, DELETION, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR DATA. YOU EXPRESSLY UNDERSTAND AND AGREE THAT INSIDEOUT PUBLICATIONS & MARKETING 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 INSIDEOUT PUBLICATIONS & MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT BY YOU OR ANY THIRD PARTY IN ANY DISCUSSION BOARD; OR (v) ANY OTHER MATTER RELATING TO THE SITE. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW PROACTIVE RELEASE FROM LIABILITY, THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.