TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY
THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS
OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE
AS OF 05/01/2015.
ACCEPTANCE
OF TERMS
'
The following Terms of Service
Agreement (the "TOS") is a legally binding agreement that shall
govern the relationship with our users and others which may interact or
interface with Ideawharf Inc, also known as
Ideawharf, located at 248 Yorktown Ct, Malvern, Pennsylvania 19355, and our
subsidiaries and affiliates, in association with the use of the Ideawharf
website, which includes www.myzyp.com (the "Site") and its Services,
which shall be defined below.
DESCRIPTION
OF WEBSITE SERVICES OFFERED
The Site is a social networking website
which has the following description:
myZyp
allows you to tag and share location related information.
Any and all visitors to our site?> , despite whether they are registered or not, shall
be deemed as "users" of the herein contained Services provided for
the purpose of this TOS. Once an individual registers for our Services, through
the process of creating an account, the user shall then be considered a
"member."
The
user and/or member acknowledges and agrees that the Services provided and made
available through our website and applications, which may include some mobile
applications and that those applications may be made available on various
social media networking sites and numerous other platforms and downloadable
programs, are the sole property of Ideawharf Inc. At its discretion, Ideawharf Inc may offer additional website Services and/or products,
or update, modify or revise any current content and Services, and this
Agreement shall apply to any and all additional Services and/or products and
any and all updated, modified or revised Services unless otherwise stipulated.
Ideawharf Inc does hereby reserve the right to cancel
and cease offering any of the aforementioned Services and/or products. You, as
the end user?> and/or member?> , acknowledge,
accept and agree that Ideawharf Inc shall not be held
liable for any such updates, modifications, revisions, suspensions or
discontinuance of any of our Services and/or products. Your continued use of
the Services provided, after such posting of any updates, changes, and/or
modifications shall constitute your acceptance of such updates, changes and/or
modifications, and as such, frequent review of this Agreement and any and all
applicable terms and policies should be made by you to ensure you are aware of
all terms and policies currently in effect. Should you not agree to the
updated, modified, revised or modified terms, you must stop using the provided
Services.
Furthermore, the user and/or member
understands, acknowledges and agrees that the Services offered shall be
provided "AS IS" and as such Ideawharf Inc
shall not assume any responsibility or obligation for the timeliness, missed
delivery, deletion and/or any failure to store user content, communication or
personalization settings.
REGISTRATION
To register and become a
"member" of the Site, you must be 18 years of age to enter into and
form a legally binding contract. In addition, you must be in good standing and
not an individual that has been previously barred from receiving Ideawharf's Services under the laws and statutes of the
United States or other applicable jurisdiction.
Furthermore, the registering party
hereby acknowledges, understands and agrees to:
a)
furnish
factual, correct, current and complete information with regards to yourself as
may be requested by the data registration process, and
b)
maintain
and promptly update your registration and profile information in an effort to
maintain accuracy and completeness at all times.
If anyone knowingly provides any information
of a false, untrue, inaccurate or incomplete nature, Ideawharf Inc will have sufficient grounds and rights to suspend or
terminate the member in violation of this aspect of the Agreement, and as such
refuse any and all current or future use of Ideawharf Inc
Services, or any portion thereof.
It is Ideawharf Inc's
priority to ensure the safety and privacy of all its visitors, users and
members, especially that of children. Therefore, it is for this reason that the
parents of any child under the age of 13 that permit their child or children
access to the Ideawharf website platform Services must create a
"family" account, which will certify that the individual creating the
"family" account is of 18 years of age and as such, the parent or
legal guardian of any child or children registered under the "family"
account. As the creator of the "family" account, s/he is thereby
granting permission for his/her child or children to access the various
Services provided, including, but not limited to, message boards, email, and/or
instant messaging. It is the parent's and/or legal guardian's responsibility to
determine whether any of the Services and/or content provided are
age-appropriate for his/her child.
PRIVACY
POLICY
Every member's registration data and various other personal information are strictly protected by
the Ideawharf Inc Online Privacy Policy (see the full Privacy Policy at
. As a member, you herein
consent to the collection and use of the information provided, including the
transfer of information within the United States and/or other countries for
storage, processing or use by Ideawharf Inc and/or
our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND
SECURITY
After
completion of the registration data and creation of your username, you will
receive a random password—which you can later change—and account designation.
You shall be responsible for maintaining the secrecy and confidentiality of
your password and for all activities that transpire on or within your account.
It shall be your responsibility to notify Ideawharf Inc
immediately if you notice any unauthorized access or use of your account or
password or any other breach of security. Ideawharf Inc
shall not be held liable for any loss and/or damage arising from any failure to
comply with this term and/or condition of the TOS.
CONDUCT
As a
member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or
any other content, whether it is publicly or privately posted and/or
transmitted, is the expressed sole responsibility of the individual from whom
the content originated. In short, this means that you are solely responsible
for any and all content posted, uploaded, emailed, transmitted or otherwise
made available by way of Ideawharf Services, and as such, we do not guarantee
the accuracy, integrity or quality of such content. It is expressly understood
that by use of our Services, you may be exposed to content including, but not
limited to, any errors or omissions in any content posted, and/or any loss or
damage of any kind incurred as a result of the use of any content posted,
emailed, transmitted or otherwise made available by Ideawharf.
Furthermore,
you herein agree not to make use of Ideawharf Incs
Services for the purpose of:
a)
uploading, posting, emailing, transmitting, or otherwise making
available any content that shall be deemed unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or
invasive of another's privacy or which is hateful, and/or racially, ethnically,
or otherwise objectionable;
b)
causing harm to minors in any manner whatsoever;
c)
impersonating any individual or entity, including, but not limited to,
any Ideawharf officials, forum leaders, guides or hosts or falsely stating or
otherwise misrepresenting any affiliation with an individual or entity;
d)
forging captions, headings or titles or otherwise offering any
content that you personally have no right to pursuant to any law nor having any
contractual or fiduciary relationship with;
e)
uploading, posting, emailing, transmitting or otherwise offering
any such content that may infringe upon any patent, copyright, trademark, or
any other proprietary or intellectual rights of any other party;
f)
uploading, posting, emailing, transmitting or otherwise offering
any content that you do not personally have any right to offer pursuant to any
law or in accordance with any contractual or fiduciary relationship;
g)
uploading, posting, emailing, transmitting, or otherwise offering
any unsolicited or unauthorized advertising, promotional flyers, "junk
mail," "spam," or any other form of solicitation, except in any
such areas that may have been designated for such purpose;
h)
uploading, posting, emailing, transmitting, or otherwise offering
any source that may contain a software virus or other computer code, any files
and/or programs which have been designed to interfere, destroy and/or limit the
operation of any computer software, hardware, or telecommunication equipment;
i)
disrupting the normal flow of communication, or otherwise acting in
any manner that would negatively affect other users' ability to participate in any
real time interactions;
j)
interfering with or disrupting any Ideawharf Inc
Services, servers and/or networks that may be connected or related to our
website, including, but not limited to, the use of any device software and/or
routine to bypass the robot exclusion headers;
k)
intentionally or unintentionally violating any local, state, federal,
national or international law, including, but not limited to, rules,
guidelines, and/or regulations decreed by the U.S. Securities and Exchange
Commission, in addition to any rules of any nation or other securities
exchange, that would include without limitation, the New York Stock Exchange,
the American Stock Exchange, or the NASDAQ, and any regulations having the
force of law;
l)
providing informational support or resources, concealing and/or
disguising the character, location, and or source to any organization delegated
by the United States government as a "foreign terrorist organization"
in accordance to Section 219 of the Immigration Nationality Act;
m) "stalking"
or with the intent to otherwise harass another individual; and/or
n)
collecting or storing of any personal data relating to any other
member or user in connection with the prohibited conduct and/or activities
which have been set forth in the aforementioned paragraphs.
Ideawharf
Inc herein reserves the right to pre-screen, refuse
and/or delete any content currently available through our Services. In
addition, we reserve the right to remove and/or delete any such content that
would violate the TOS or which would otherwise be considered
offensive to other visitors, users and/or members.
Ideawharf
Inc herein reserves the right to access, preserve
and/or disclose member account information and/or content if it is requested to
do so by law or in good faith belief that any such action is deemed reasonably
necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content
is in violation of the rights of any third party;
d) responding to requests for customer service; or
e)
protecting the rights, property or the personal safety of Ideawharf
Inc, its visitors, users and members, including the
general public.
Ideawharf
Inc herein reserves the right to include the use of
security components that may permit digital information or material to be
protected, and that such use of information and/or material is subject to usage
guidelines and regulations established by Ideawharf Inc
or any other content providers supplying content services to Ideawharf Inc. You
are hereby prohibited from making any attempt to override or circumvent any of
the embedded usage rules in our Services. Furthermore, unauthorized
reproduction, publication, distribution, or exhibition of any information or
materials supplied by our Services, despite whether done so in whole or in
part, is expressly prohibited.
INTERSTATE COMMUNICATION
Upon registration, you hereby
acknowledge that by using www.myzyp.com to send electronic communications,
which would include, but are not limited to, email, searches, instant messages,
uploading of files, photos and/or videos, you will be causing communications to
be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you
are acknowledging that the use of this Service shall result in interstate
transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to
the global nature of the internet, through the use of
our network you hereby agree to comply with all local rules relating to online
conduct and that which is considered acceptable Content. Uploading, posting
and/or transferring of software, technology and other technical data may be
subject to the export and import laws of the United States and possibly other
countries. Through the use of our network, you thus agree to comply with all
applicable export and import laws, statutes and regulations, including, but not
limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program
of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a)
are not on the list of prohibited individuals which may be
identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which
may be part of an export-prohibited country identified in applicable export and
import laws and regulations;
b)
agree not to transfer any software, technology or any other
technical data through the use of our network Services to any export-prohibited
country;
c)
agree not to use our website network Services for any
military, nuclear, missile, chemical or biological weaponry end uses that would
be a violation of the U.S. export laws; and
d)
agree not to post, transfer nor upload any software,
technology or any other technical data which would be in violation of the U.S.
or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Ideawharf
Inc shall not lay claim to ownership of any content
submitted by any visitor?> , member or user, or make
such content available for inclusion on our website Services. Therefore, you
hereby grant and allow for Ideawharf Inc the below
listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a)
The
content submitted or made available for inclusion on the publicly accessible
areas of Ideawharf Inc's sites, the license provided
to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or
publicly display said Content on our network Services is for the sole purpose
of providing and promoting the specific area to which this content was placed
and/or made available for viewing. This license shall be available so long as
you are a member of Ideawharf Inc's sites, and shall
terminate at such time when you elect to discontinue your membership.
b)
Photos,
audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Ideawharf Inc's sites,
the license provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or publicly display said Content on our network Services
are for the sole purpose of providing and promoting the specific area in which
this content was placed and/or made available for viewing. This license shall
be available so long as you are a member of Ideawharf Inc's
sites and shall terminate at such time when you elect to discontinue your
membership.
c)
For
any other content submitted or made available for inclusion on the publicly
accessible areas of Ideawharf Inc's sites, the
continuous, binding and completely sub-licensable license which is meant to
permit to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and/or publicly display said content, whether in whole or in
part, and the incorporation of any such Content into other works in any
arrangement or medium current used or later developed.
Those
areas which may be deemed "publicly accessible" areas of Ideawharf Inc's sites are those such areas of our network properties
which are meant to be available to the general public, and which would include
message boards and groups that are openly available to both visitors?> and
members?> . However, those areas which are not open to the public,
and thus available to members only, would include our mail system and instant messaging?> .
CONTRIBUTIONS TO COMPANY WEBSITE
Ideawharf
Inc provides an area for our users and members to
contribute feedback to our website. When you submit ideas, documents,
suggestions and/or proposals ("Contributions") to our site, you
acknowledge and agree that:
a)
your Contributions do not contain any type of confidential or
proprietary information;
b)
Ideawharf
shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;
c)
Ideawharf
shall be entitled to make use of and/or disclose any such Contributions in any
such manner as they may see fit;
d)
the contributor's Contributions shall automatically become
the sole property of Ideawharf; and
e)
Ideawharf
is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
INDEMNITY
All
users and/or members herein agree to insure and hold Ideawharf Inc, our subsidiaries, affiliates, agents, employees,
officers, partners and/or licensors blameless or not liable for any claim or demand, which may
include, but is not limited to, reasonable attorney fees made by any third
party, which may arise from any content a member or user
of our site may submit, post, modify, transmit or otherwise make available
through our Services, the use of Ideawharf Services or your connection
with these Services, your violations of the Terms of Service and/or your
violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member
or user herein agrees not to
replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial
reason any part, use of, or access to Ideawharf's
sites.
USE AND STORAGE GENERAL PRACTICES
You
herein acknowledge that Ideawharf Inc may set up any
such practices and/or limits regarding the use of our Services, without
limitation of the maximum number of days that any email, message posting or any
other uploaded content shall be retained by Ideawharf Inc,
nor the maximum number of email messages that may be sent and/or received by
any member, the maximum volume or size of any email message that may be sent
from or may be received by an account on our Service, the maximum disk space
allowable that shall be allocated on Ideawharf Inc's
servers on the member's behalf, and/or the maximum number of times and/or
duration that any member may access our Services in a given period of
time. In addition, you also agree that
Ideawharf Inc has absolutely no responsibility or
liability for the removal or failure to maintain storage of any messages and/or
other communications or content maintained or transmitted by our Services. You
also herein acknowledge that we reserve the right to delete or remove any
account that is no longer active for an extended period of time. Furthermore,
Ideawharf Inc shall reserve the right to modify,
alter and/or update these general practices and limits at our discretion.
Any
messenger service, which may include any web-based versions, shall allow you
and the individuals with whom you communicate with the ability to save your
conversations in your account located on Ideawharf Inc's
servers. In this manner, you will be able to access and search your message
history from any computer with internet access. You
also acknowledge that others have the option to use and save conversations with
you in their own personal account on www.myzyp.com. It is your agreement to
this TOS which establishes your consent to allow
Ideawharf Inc to store any and all communications on
its servers.
MODIFICATIONS
Ideawharf
Inc shall reserve the right at any time it may deem
fit, to modify, alter and or discontinue, whether temporarily or permanently,
our service, or any part thereof, with or without prior notice. In addition, we
shall not be held liable to you or to any third party for any such alteration,
modification, suspension and/or discontinuance of our Services, or any part
thereof.
TERMINATION
As a
member of www.myzyp.com, you may cancel or terminate your account, associated
email address and/or access to our Services by submitting a cancellation or
termination request to info@myzyp.com.
As a
member, you agree that Ideawharf Inc may, without any
prior written notice, immediately suspend, terminate, discontinue and/or limit
your account, any email associated with your account, and access to any of our
Services. The cause for such termination, discontinuance, suspension and/or
limitation of access shall include, but is not limited to:
a)
any breach or violation of our TOS or any other incorporated
agreement, regulation and/or guideline;
b)
by
way of requests from law enforcement or any other governmental agencies;
c)
the discontinuance, alteration and/or material modification
to our Services, or any part thereof;
d)
unexpected technical or security issues and/or problems;
e)
any extended periods of inactivity;
f)
any engagement by you in any fraudulent or illegal
activities; and/or
g) the nonpayment of any associated fees that may
be owed by you in connection with your www.myzyp.com account Services.
Furthermore,
you herein agree that any and all terminations, suspensions, discontinuances,
and or limitations of access for cause shall be made at our sole discretion and
that we shall not be liable to you or any other third party with regards to the
termination of your account, associated email address and/or access to any of
our Services.
The
termination of your account with www.myzyp.com shall include any and/or all of
the following:
a)
the removal of any access to all or part of the Services
offered within www.myzyp.com;
b)
the deletion of your password and any and all related
information, files, and any such content that may be associated with or inside
your account, or any part thereof; and
c)
the barring of any further use of all or part of our
Services.
ADVERTISERS
Any
correspondence or business dealings with, or the participation in any promotions
of, advertisers located on or through our Services, which may include the
payment and/or delivery of such related goods and/or Services, and any such
other term, condition, warranty and/or representation associated with such
dealings, are and shall be solely between you and any such advertiser.
Moreover, you herein agree that Ideawharf Inc shall
not be held responsible or liable for any loss or damage of any nature or
manner incurred as a direct result of any such dealings or as a result of the
presence of such advertisers on our website.
LINKS
Either
Ideawharf Inc or any third parties may provide links
to other websites and/or resources. Thus, you acknowledge and agree that we are
not responsible for the availability of any such external sites or resources,
and as such, we do not endorse nor are we responsible or liable for any
content, products, advertising or any other materials, on or available from
such third party sites or resources. Furthermore, you acknowledge and agree
that Ideawharf Inc shall not be responsible or
liable, directly or indirectly, for any such damage or loss which may be a
result of, caused or allegedly to be caused by or in connection with the use of
or the reliance on any such content, goods or Services made available on or
through any such site or resource.
PROPRIETARY RIGHTS
You do
hereby acknowledge and agree that Ideawharf Inc's
Services and any essential software that may be used in connection with our
Services ("Software") shall contain proprietary and confidential
material that is protected by applicable intellectual property rights and other
laws. Furthermore, you herein acknowledge and agree that any Content
which may be contained in any advertisements or information presented by
and through our Services or by advertisers is protected by copyrights,
trademarks, patents or other proprietary rights and laws. Therefore, except for
that which is expressly permitted by applicable law or as authorized by
Ideawharf Inc or such applicable licensor, you agree
not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast,
publicly perform and/or created any plagiaristic works which are based on
Ideawharf Inc Services (e.g. Content or Software), in
whole or part.
Ideawharf
Inc herein has granted you personal, non-transferable
and non-exclusive rights and/or license to make use of the object code or our
Software on a single computer, as long as you do not, and shall not, allow any
third party to duplicate, alter, modify, create or plagiarize work from,
reverse engineer, reverse assemble or otherwise make an attempt to locate or
discern any source code, sell, assign, sublicense, grant a security interest in
and/or otherwise transfer any such right in the Software. Furthermore, you do
herein agree not to alter or change the Software in any manner, nature or form,
and as such, not to use any modified versions of the Software, including and
without limitation, for the purpose of obtaining unauthorized access to our
Services. Lastly, you also agree not to access or attempt to access our
Services through any means other than through the interface
which is provided by Ideawharf Inc for use in
accessing our Services.
WARRANTY DISCLAIMERS
YOU
HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF IDEAWHARF INC SERVICES AND
SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE
PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS.
IDEAWHARF INC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b) IDEAWHARF INC AND OUR SUBSIDIARIES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) IDEAWHARF INC SERVICES OR SOFTWARE WILL MEET YOUR
REQUIREMENTS; (ii) IDEAWHARF INC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED
FROM THE USE OF THE IDEAWHARF INC SERVICES OR SOFTWARE WILL BE ACCURATE OR
RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER
MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR
SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN
THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR
OTHERWISE OBTAIN BY WAY OF IDEAWHARF INC SERVICES OR SOFTWARE SHALL BE ACCESSED
BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH
RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING
AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD
OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WETHER
WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM
IDEAWHARF INC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY
EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN
CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF
ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR
FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU
EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT IDEAWHARF INC AND OUR
SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL,
CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH
MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER
INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY
THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PRECURING SUBSTITUTE GOODS AND
SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF
YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY
ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH
MAY BE RELATED TO OUR SERVICE.
SPECIAL ADMONITION RELATED TO FINANCIAL
MATTERS
Should
you intend to create or to join any service, receive or request any such news,
messages, alerts or other information from our Services concerning companies,
stock quotes, investments or securities, please review the above Sections
Warranty Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase "Let the investor beware"
is appropriate. Ideawharf Inc's content is provided
primarily for informational purposes, and no content that shall be provided or
included in our Services is intended for trading or investing purposes.
Ideawharf Inc and our licensors shall not be
responsible or liable for the accuracy, usefulness or availability of any
information transmitted and/or made available by way of our Services, and shall
not be responsible or liable for any trading and/or investment decisions based
on any such information.
EXCLUSION AND LIMITATIONS
THERE
ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU.
THIRD PARTY BENEFICIARIES
You
herein acknowledge, understand and agree, unless otherwise expressly provided
in this TOS, that there shall be third-party beneficiaries to this agreement.
NOTICE
Ideawharf
Inc may furnish you with notices, including those
with regards to any changes to the TOS, including but not limited to email,
regular mail, MMS or SMS, text messaging, postings on our website Services, or
other reasonable means currently known or any which may be herein after
developed. Any such notices may not be received if you violate any aspects of
the TOS by accessing our Services in an unauthorized manner. Your acceptance of
this TOS constitutes your agreement that you are deemed to have received any and
all notices that would have been delivered had you accessed our Services in an
authorized manner.
TRADEMARK INFORMATION
You
herein acknowledge, understand and agree that all of the Ideawharf Inc trademarks, copyright, trade name, service marks, and
other Ideawharf Inc logos and any brand features,
and/or product and service names are trademarks and as such, are and shall
remain the property of Ideawharf Inc. You herein agree not to display and/or
use in any manner the Ideawharf Inc logo or marks.
COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Ideawharf
Inc will always respect the intellectual property of
others, and we ask that all of our users to the same. With regards to
appropriate circumstances and at its sole discretion, Ideawharf Inc may disable and/or terminate the accounts of any user
who repeatedly violates our TOS and/or infringes the rights of others. If you
feel that your work has been duplicated in such a way that would constitute
copyright infringement, or if you believe your intellectual property rights
have been otherwise violated, you should provide to us the following
information:
a) The electronic or the physical signature of
the individual that is authorized on behalf of the owner of the copyright or
other intellectual property interest;
b) A description of the copyrighted work or
other intellectual property that you believe has been infringed upon;
c) A description of the location of the site
which you allege has been infringing upon your work;
d) The physical address, telephone number, and
email address;
e) A statement, in which you state that the
alleged and disputed use of your work is not authorized by the copyright owner,
its agents or the law;
f) And finally, a statement, made under penalty
of perjury, that the aforementioned information in your notice is the truth and
accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual
property owner's behalf.
The
Ideawharf Inc Agent for notice of claims of copyright
or other intellectual property infringement can be contacted as follows:
Mailing
Address:
Ideawharf
Inc
Attn:
Copyright Agent
248
Yorktown Ct
Malvern,
Pennsylvania 19355
Telephone:
4843204648
Fax:
Ideawharf Inc.
Email:
info@myzyp.com
CLOSED CAPTIONING
BE IT
KNOWN, that Ideawharf Inc complies with all
applicable Federal Communications Commission rules and regulations regarding
the closed captioning of video content. For more information, please visit our
website at www.myzyp.com.
GENERAL INFORMATION
ENTIRE
AGREEMENT
This
TOS constitutes the entire agreement between you and Ideawharf Inc and shall govern the use of our Services, superseding
any prior version of this TOS between you and us with respect to Ideawharf Inc Services. You may also be subject to additional terms
and conditions that may apply when you use or purchase certain other Ideawharf Inc Services, affiliate Services, third-party content or
third-party software.
CHOICE
OF LAW AND FORUM
It is
at the mutual agreement of both you and Ideawharf Inc
with regard to the TOS that the relationship between the parties shall be
governed by the laws of the state of Pennsylvania without regard to its
conflict of law provisions and that any and all claims,
causes of action and/or disputes, arising out of or relating to the TOS, or
the relationship between you and Ideawharf Inc, shall
be filed within the courts having jurisdiction within the County of Chester , Pennsylvania or the U.S. District Court located in
said state. You and Ideawharf Inc agree to submit to
the jurisdiction of the courts as previously mentioned, and agree to waive any
and all objections to the exercise of jurisdiction over the parties by such
courts and to venue in such courts.
WAIVER
AND SEVERABILITY OF TERMS
At any
time, should Ideawharf Inc fail to exercise or
enforce any right or provision of the TOS, such failure shall not constitute a
waiver of such right or provision. If any provision of this 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.
NO
RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You
acknowledge, understand and agree that your account is non-transferable and any
rights to your ID and/or contents within your account shall terminate upon your
death. Upon receipt of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted.
STATUTE
OF LIMITATIONS
You
acknowledge, understand and agree that regardless of any statute or law to the
contrary, any claim or action arising out of or related to the use of our
Services or the TOS must be filed within 1 year(s) after said claim or cause of
action arose or shall be forever barred.
VIOLATIONS
Please
report any and all violations of this TOS to Ideawharf Inc
as follows:
Mailing
Address:
Ideawharf
Inc
Attn:
Copyright Agent
248
Yorktown Ct
Malvern,
Pennsylvania 19355
Telephone:
4843204648
Fax: Ideawharf Inc.
Email:
info@myzyp.com