IBuddz.com
General Terms and
Conditions of Use
Welcome to IBuddz.com
("IBuddz"), owned, produced and operated by AgilePaper Corp.
("AgilePaper") and, potentially, in part or in whole, by its parents,
subsidiary and affiliate corporations, successors, and assigns
(collectively referred to as "AgilePaper Corp. Companies"). IBuddz.com
is a music-oriented content and information website that provides a
service to musical artists (each an "Artist" and collectively
"Artists") to post information regarding themselves as well as musical
content owned and/or created by them. Unless explicitly stated
otherwise, any current, updated and new products and services
("Products and Services"), including the addition of new properties
shall be subject to these General Terms and Conditions of Use ("Terms
and Conditions").
In
addition, there are a variety of special products and services offered
through IBuddz that have separate registration procedures and separate
terms and conditions, terms of service, user agreements, or similar
legal agreement. When you are using any service or product on IBuddz
that does not have a separate legal agreement, the Terms and
Conditions set forth here will apply. AgilePaper and/or the AgilePaper
Corp. Companies also may supplement the Terms and Conditions with
posted guidelines or rules applicable to specific areas of IBuddz. In
addition, AgilePaper and/or the AgilePaper Corp. Companies also may
offer other services from time to time that are governed by the terms
of service of the respective service partners. AgilePaper reserves the
right to amend these Terms and Conditions at any
time.
By
using IBuddz you agree to be bound by these Terms and Conditions,
whether or not you register as a listener ("Listener"). Because the
Terms and Conditions contain legal obligations, please read them
carefully.
The
Terms and Conditions contain a variety of provisions that are
generally applicable to the Products and Services and some provisions
that apply to particular Products and Services. You should understand
that you will be bound by the entire Terms and
Conditions.
1.
Acceptance
2. Conditions and
Restrictions on Use
3. Registration &
Privacy
4. Responsibility for
Minors
5. Listener and User
Conduct
6. License to User
Content
7. Third Party
Merchandise Sales
8. IBuddz Music
Player
9.
Profiles
10. Disclaimer of
Warranties
11. Limitation of
Liability
12. Disclaimer Regarding Third
Party Content
13.
Storage
14. Advertisers and Content
Linked to the IBuddz Network
15. No License; Intellectual
Property of IBuddz and Others
16. Linking to IBuddz; Use of
Logo
17. Indemnity and
Release
18. Limitation of
Actions
19. Copyright, Trademark and
Patent Notices
20. Intellectual Property
Infringement Claims
21. Arbitration, Governing Law
and Forum for Disputes
22. Changes in Terms and
Conditions and Changes in Products and Services
23.
Merger
24. Non-Waiver and
Separability
25. Relationship of
Parties
26. No Resale, Assignment or
Sub-Licensing
27. Successors and
Assigns
28. Termination;
Survival
29. Communications with
Users
30. Submission of
Ideas
31. Export
Controls
32. Violations and Terms and
Conditions
1.
ACCEPTANCE
By
using the Products and Services, you agree, without limitation or
qualification, to be bound by, and to comply with, these Terms and
Conditions and any other posted guidelines or rules applicable to
IBuddz or any Product or Service. All such guidelines and rules are
hereby incorporated by reference into the Terms and
Conditions.
2.
CONDITIONS AND RESTRICTIONS ON USE
Use
of the Products and Services is subject to compliance with these Terms
and Conditions. You shall be authorized to use the Products and
Services for personal, non-commercial use only. You acknowledge and
agree that AgilePaper may terminate your access to the IBuddz or to
any of the Products and Services should you fail to comply with the
Terms and Conditions or any other guidelines and rules published by
AgilePaper. Any such termination shall be in AgilePaper's sole
discretion and may occur without prior notice, or any notice.
AgilePaper further reserves the right to terminate any user's access
to IBuddz or to any of the Products and Services for any conduct that
AgilePaper, in its sole discretion, believes is or may be directly or
indirectly harmful to other users, to AgilePaper or its subsidiaries,
affiliates, or business contractors, or to other third parties, or for
any conduct that violates any local, state, federal, or foreign laws
or regulations. AgilePaper further reserves the right to terminate any
user's access to IBuddz or to any of the Products and Services for any
reason or for no reason at all, in AgilePaper's sole discretion,
without prior notice, or any notice.
In
order to use the Products and Services, users must have access to the
World Wide Web and must navigate the Internet to
http://www.iBuddz.com. Where there is mature or adult content on
IBuddz, individuals who are less than 18 years of age or are not
permitted to access such content under the laws of any applicable
jurisdiction may not access such content. There are also other (mainly
commerce-related) areas of IBuddz not open to persons under 18 years
of age. With respect to general audience content, if AgilePaper learns
that anyone under the age of 13 has accessed the Products and
Services, AgilePaper will require verified parental consent, in
accordance with the Children's Online Privacy Protection Act of 1998
("COPPA"). Certain areas of IBuddz, however, may not be available to
children under 13 under any circumstances.
AgilePaper does not
discriminate on the basis of age, gender, race, ethnicity,
nationality, religion, sexual orientation, or any other protected
status.
3.
REGISTRATION AND PRIVACY
Certain of the Products
and Services will require the user to register and provide certain
data. In consideration of use of such Products and Services, in
registering and providing such data, you represent and warrant that:
(a) the information about yourself is true, accurate, current, and
complete (apart from optional items) as required by various AgilePaper
registration forms ("Registration Data") and (b) you will 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 AgilePaper has a reasonable
ground to suspect that such information is untrue, inaccurate, not
current or incomplete, AgilePaper has the right to suspend or
terminate your account and refuse any and all current or future use of
the Products and Services.
All
AgilePaper registrations become the exclusive property of AgilePaper
and the AgilePaper Corp. Companies. AgilePaper reserves the right to
use and reuse all registration and other personally identifiable user
information subject to AgilePaper's Privacy Policy. Users may edit,
update, alter or obscure their personally identifiable information at
any time by following the instructions located in IBuddz's Privacy
Policy.
You
acknowledge receipt of IBuddz's Privacy Policy, including our Notice
Regarding the Privacy of Children Under 13 While on
IBuddz.
4.
RESPONSIBILITY FOR MINORS
In
cases where you have authorized a minor to use the Products and
Services, you recognize that you are fully responsible for: (i) the
online conduct of such minor; (ii) controlling the minor's access to
and use of the Products and Services; and (iii) the consequences of
any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF IBUDDZ MAY
CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR
MINORS.
5.
LISTENER AND USER CONDUCT
You
acknowledge and agree that all information, code, data, text,
software, music, sound, photographs, pictures, graphics, video, chat,
messages, files, 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 AgilePaper, are entirely responsible for all Content that you
upload, post, email or otherwise transmit via the Services. AgilePaper
does not control the user or third party Content posted via the
Products and Services, and, as such, does not guarantee the accuracy,
integrity or quality of such user or third party Content. You
acknowledge and agree that by using the Products and Services, you may
be exposed to Content that may be deemed offensive, indecent or
objectionable. Nevertheless, you agree to use IBuddz at your sole
risk. Under no circumstances will AgilePaper be liable in any way for
any user or third party Content, including, but not limited to, for
any errors or omissions in any such Content, or for any loss or damage
of any kind incurred as a result of the use of any such Content
posted, emailed or otherwise transmitted via the Products and
Services. As a general matter, AgilePaper does not pre-screen user or
third party Content posted on IBuddz, although AgilePaper reserves the
right to do so. AgilePaper does not guarantee that any screening will
be done to your satisfaction or that any screening will be done at
all. AgilePaper reserves the right to monitor some, all, or no areas
of the Products and Services for adherence to these Terms and
Conditions or any other rules or guidelines posted by
AgilePaper.
The
Products and Services may only be used for the intended purpose for
which such Products and Services are being made
available.
Prohibited
Conduct
You
agree that you will not use AgilePaper's Products and Services
to:
1. Upload, post, email,
otherwise transmit, or post links to any Content, or select any member
or user name or email address, that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene,
pornographic, libelous, invasive of privacy or publicity rights,
hateful, or racially, sexually, ethnically or otherwise
objectionable.
2. Upload, post, email,
otherwise transmit, or post links to any Content that promotes illegal
activity, including without limitation the provision of instructions
for illegal activity.
3. Upload, post, email,
otherwise transmit, or post links to any Content that exploits the
images of children under 18 years of age, or that discloses personally
identifying information belonging to children under 18 years of
age.
4. Harm minors in any
other way.
5. Make any sexual
request on behalf of a minor or make any sexual request of a
minor.
6. "Stalk" or otherwise
harass another.
7. Collect or store
personally identifying information about other users for commercial or
unlawful purposes.
8. Impersonate any
person or entity, including, but not limited to, a AgilePaper
official, employee, consultant, or otherwise, or falsely state or
otherwise misrepresent your affiliation with a person or
entity.
9. Employ misleading
email addresses or falsify information in the header, footer, return
path, or any part of any communication, including emails, transmitted
through the Products and Services.
10. Upload, post, email,
otherwise transmit, or post links to any Content that you do not have
a right to transmit under any law or regulation or under contractual
or fiduciary relationships (such as inside information, or proprietary
and confidential information learned or disclosed as part of
employment relationships or under nondisclosure
agreements).
11. Upload, post, email, or
otherwise transmit, or post links to any Content that facilitates
hacking.
12. Upload, post, email,
otherwise transmit, or post links to any Content that infringes any
patent, trademark, service mark, trade secret, copyright or other
proprietary rights ("Rights") of any party, or contributing to
inducing or facilitating such infringement. This prohibition shall
include, without limitation, the following forms of software
piracy:
1. Making available copyrighted software or other Content that
has had the copyright protection removed.
2. Making available serial numbers for software that can be
used to illegally validate or register software.
3. Making available tools that can be used for no purpose other
than for "cracking" software or other copyrighted
Content.
4. Making available any software files for which the user does
not own the copyright or have the legal right to make
available.
13. Upload, post, email,
otherwise transmit, or post links to any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except
in those areas that are designated for such
purpose.
14. Upload, post, email,
otherwise transmit, or post links to any material that contains
software viruses, worms, Trojan horses, time bombs, trap doors or any
other computer code, files or programs or repetitive requests for
information designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment
or to diminish the quality of, interfere with the performance of, or
impair the functionality of the Products and Services or
IBuddz.
15. Use automated means,
including additional computers, software and scripts, to enhance play
in AgilePaper promotions, increase the number of plays of songs of any
particular artist on IBuddz or increase traffic to the IBuddz artist
site of any particular artist.
16. Use automated means,
including spiders, robots, crawlers, or the like to download data from
any AgilePaper Network database.
17. Conduct your own contests
and promotions.
18. Upload, post, email,
otherwise transmit, or post links to any Content regarding any raffle,
contest or game requiring a fee by participants.
19. Modify, publish, transmit,
transfer or sell, reproduce, create derivative works from, distribute,
perform, link, display or in any way exploit any Content from any
AgilePaper database, including, without limitation, by incorporating
data from any AgilePaper database into any e-mail or "white pages"
products or serviced, whether browser-based, based on proprietary
client-site applications, web-based, or
otherwise.
20. Sell, distribute, or make
any commercial use of data obtained from any AgilePaper database or
make any other use of data from any AgilePaper database in a manner
which could be expected to offend the person for whom the data is
relevant.
21. Create and maintain a
IBuddz artist site that (i) redirects to another web page or (ii)
stores or hosts content for remote loading by other web pages. For
example, you cannot create a IBuddz artist site, post pictures to the
IBuddz artist site, and have other web pages call the IBuddz artist
site to retrieve those pictures.
22. Create and maintain a
IBuddz artist site that contains hyperlinks to content not permitted
on IBuddz.
23. Disrupt the normal flow of
dialogue in a chat room, cause a screen to "scroll" faster than other
users of the Products and Services are able to type, or otherwise act
in a manner that negatively affects other users' ability to engage in
real time exchanges.
24. Interfere with or disrupt
the Products and Services or servers or networks connected to the
Products and Services, or disobey any requirements, procedures,
policies or regulations of networks connected to the Products and
Services.
25. 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.
26. Upload, post, email,
otherwise transmit, or post links to any material that is false,
misleading, or designed to manipulate any equity, security, or other
market.
27. Disobey any AgilePaper
employee or representative or interfere with any action by any
AgilePaper employee or representative to redress any violation of
these Terms and Conditions.
28. Access the Products and
Services after your account or access has been terminated by
AgilePaper.
29. Fail to complete any
transaction after submitting an order to purchase any goods or
services from individual Artist sites, subject to the individual
Artist site's terms and conditions governing such
transactions.
30. Submit any order to
purchase goods or services from individual Artist sites where you do
not intend to complete the transaction.
31. Purchase any goods or
services that you are prohibited from purchasing or possessing by any
law applicable to you in your jurisdiction. The responsibility for
ensuring compliance with all such laws shall be the user's alone. By
submitting an order to purchase goods or services, you represent and
warrant that you have the legal right to purchase such goods or
services.
32. Use any software deployed
in connection with the Products and Services to process data as a
service to other entities without the express written consent of
AgilePaper or the party from whom such software may be
licensed.
33. Decompile, disassemble,
modify, translate, adapt, reverse engineer, create derivative works
from, or sublicense any software deployed in connection with the
Products and Services.
34. Upload, post, email,
otherwise transmit, or post links to any material, or act in any
manner that is offensive to IBuddz community or the spirit of these
Terms and Conditions.
35. Advertise, offer for sale,
or sell any of the following items:
1. Any firearms, explosives, or weapons.
2. Any food that is not packaged or does not comply with all
laws governing the sale of food to consumers by commercial
merchants.
3. Any alcoholic beverages.
4. Any tobacco products for human consumption, including,
without limitation, cigarettes and cigars.
5. Any items that are indecent or obscene, that are hateful or
racially, sexually, ethnically or otherwise objectionable, that
contain child pornography, that are otherwise pornographic in nature,
or are harmful to minors.
6. Any controlled substances or
pharmaceuticals.
7. Any counterfeit or stolen items.
8. Any dangerous items.
9. Any goods or services that do not, in fact,
exist.
10. Any registered or unregistered
securities.
11. Any items that violate or infringe the rights of other
parties.
12. Any items that you do not have the legal right to
sell.
13. Any items where paying AgilePaper any of the required
transactional or listing fees would cause AgilePaper to violate any
law.
You
acknowledge and agree that AgilePaper and its designees shall have the
right (but not the obligation), in their sole discretion, to refuse to
publish, remove, or block access to any Content that is available via
the Products and Services at any time, for any reason, or for no
reason at all, with or without notice. Without limitation AgilePaper
and its designees shall have the right (but not the obligation), in
their sole discretion, to refuse to publish, remove, or block access
to any Content that violates the Terms and Conditions or is otherwise
objectionable as determined by AgilePaper, in its sole discretion.
AgilePaper may also terminate access to, or membership in, IBuddz, or
any portion thereof, for violating these Terms and Conditions. You
acknowledge and 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 or
obtained through the use of IBuddz, including without limitation,
information posted on message boards.
You
expressly acknowledge and agree that AgilePaper 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 Terms and
Conditions; (c) respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property, or personal
safety of AgilePaper, its users and the public. You acknowledge and
agree that the technical processing and transmission of the Products
and Services, 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. You further
acknowledge and agree that other data collected and maintained by
AgilePaper with regard to its users may be disclosed in accordance
with AgilePaper's Privacy Policy.
AgilePaper also may
suspend or terminate any user account for any Product or Service
because of user inactivity. What is considered "user inactivity"
varies depending on the Product or Service. If one of your accounts is
suspended or terminated for inactivity, your right to use such Product
or Service immediately ceases.
6.
LICENSE TO USER CONTENT
By
posting Content on IBuddz, you warrant and represent that you own the
Content posted by you or otherwise have the right to grant the license
set forth in this section, and that your Content does not violate the
privacy rights, publicity rights, copyright rights or other
intellectual property rights of ant third party. You agree to pay for
all royalties and fees owing to any person by reason of any Content
you post on IBuddz.
With
respect to any Content posted by or in connection with the Products
and Services, you hereby grant AgilePaper a world-wide, royalty free,
irrevocable, perpetual license, alone or together or as part of other
information, Content and/or material of any kind or nature, to use,
copy, modify, publish, edit, translate, transmit, publicly display,
publicly perform, create compilations, create derivative works of,
distribute and otherwise exploit such Content, to publish and promote
such Content in connection with the particular Products and Services
(including, without limitation, for advertising and promotional
purposes), to publish and promote such Content elsewhere within
IBuddz, and to sublicense such rights through multiple tiers of
sublicenses, all without any obligation to you, whether by way of
compensation, attribution or otherwise. Such license shall apply with
respect to any form, media, or technology now known or hereafter
developed.
7.
THIRD PARTY MERCHANDISE SALES
IBuddz may contain links
to third party websites where Users can purchase goods or services
from third party merchants ("Merchants"). By submitting an order to
purchase any goods or services from Merchants, Users are obligated to
complete such transactions, subject to the individual Merchant's terms
and conditions governing such transactions. Users are prohibited from
submitting orders to purchase goods or services where they do not
intend to complete such transactions.
By
submitting an order to purchase goods or services from an individual
Merchant, you acknowledge that you are entering into a transaction
with that Merchant, and that IBuddz and AgilePaper are not parties to
the transaction.
Users are obligated to
submit information that is true, accurate, current, and complete. By
accepting these Terms and Conditions, you represent and warrant that
all such information submitted by you is true, accurate, current, and
complete. Users are also required to maintain and update all such
information in order to ensure that it remains true, accurate,
current, and complete. Each time you update such information, you
represent and warrant that such information is true, accurate,
current, and complete.
Users may not purchase
goods or services that they are prohibited from purchasing or
possessing by any law applicable to them in their jurisdictions. The
responsibility for ensuring compliance with all applicable laws shall
be the User's alone. By submitting an order to purchase goods or
services, you represent and warrant that you have the legal right to
purchase and possess such goods or services.
AgilePaper has no
partnership, joint venture, employer-employee, or
franchisor-franchisee relationship with any Merchant accessible
through IBuddz. AgilePaper cannot confirm that any particular Merchant
is who that Merchant claims to be. Nor can AgilePaper confirm the
truth or accuracy of any statements made by Merchants or control
whether Merchants who post statements on IBuddz will act in accordance
with those statements. AgilePaper will not get involved in any dispute
between Users of the Service and Merchants who post links on IBuddz.
The ability to include links is provided only as a convenience, and
the inclusion of any link by an Artist or User does not imply
affiliation, endorsement, or adoption by AgilePaper of the linked site
or any information contained therein.
8.
IBUDDZ MUSIC PLAYER
The
IBuddz Music Player and any software contained therein (collectively,
the "IBuddz Music Player Software") are made available to you free of
charge subject to the terms and conditions of this license. You may
load the IBuddz Music Player Software into the temporary storage of
your computer each time you use it for the sole purpose of engaging in
that use, provided that you do so in accordance with these Terms and
Conditions, and such use does not violate AgilePaper's intellectual
property rights. You agree not to attempt to, or assist another person
to attempt to, circumvent, tamper with, modify, disassemble,
decompile, reverse engineer, derive the source code of, or create
derivative works from, the IBuddz Music Player Software, and you may
not copy, distribute, publicly display, or publicly perform the IBuddz
Music Player Software except as expressly authorized by these Terms
and Conditions. You agree not to modify the IBuddz Music Player
Software in any manner or form, or to use modified versions of the
IBuddz Music Player Software, for any purposes. You may not use the
IBuddz Music Player Software to engage in or allow others to engage in
any illegal activity. You may not claim any sponsorship by,
endorsement by, or affiliation with AgilePaper.
By
uploading any skins or plug-ins to the IBuddz Music Player Software,
you grant to AgilePaper and to users of the IBuddz web site the
perpetual, world-wide, royalty free license to copy, distribute,
publicly display, publicly perform, and create derivative works from
such skins or plug-ins. You represent and warrant that all such skins
or plug-ins are original works, created by you, which do not infringe
any third party intellectual property, proprietary, or other
rights.
AS
WITH OTHER PRODUCTS AND SERVICES, THE UNSGINED MUSIC PLAYER SOFTWARE
IS SUBJECT TO THE CAPITALIZED LANGUAGE BELOW REGARDING DISCLAIMERS OF
WARRANTIES AND LIMITATION OF LIABILITY.
AgilePaper makes available
through IBuddz certain music files solely for your personal use. All
such music files are subject to copyright and/or other intellectual
property protections afforded to the owners of such works. PLEASE BE
ADVISED THAT THE UNAUTHORIZED REPRODUCTION, DISTRIBUTION, PUBLIC
DISPLAY, PUBLIC PERFORMANCE, OR CREATION OF DERIVATIVE WORKS FROM SUCH
WORKS IS STRICTLY PROHIBITED
Please read the entire
Terms and Conditions as all AgilePaper properties, Products and
Services are subject to these Terms and
Conditions.
9.
PROFILES
Listeners are invited to
post content to their profile ("Profile") subject to the following
limitations: (a) AgilePaper may limit the amount of bandwidth
dedicated to any account; and (b) AgilePaper reserves the right to
display advertising on Profile pages. Please consult the IBuddz
Privacy Policy for special terms as they relate to Profiles. Profiles
are governed by the entire Terms and Conditions, including, without
limitation, Section 5 (Listener and User Conduct), and you are
encouraged to review these terms carefully. Under no circumstances may
Profiles be used to infringe the copyright or any other right of any
person or entity. AgilePaper reserves the right to modify or
discontinue the Profiles service at any time, and you are encouraged
to maintain back-up copies of the content you post on your Profile.
The Profile service may only be used by people who are at least 13
years old.
By
registering on IBuddz, you represent and warrant that all registration
information you submit is truthful and accurate and that you will
maintain the accuracy of such information. You further represent and
warrant that you are 13 years of age or older and that your use of the
IBuddz will not violate any applicable law. Your membership is for
your sole, personal use, and you will not authorize others to use your
account, including your Profile. You are solely responsible for all
Content published or displayed through your account, and for your
interactions with other Users.
Please choose carefully
the information you post on your Profile and that you provide to other
members. Your Profile may not include the following items: telephone
numbers, street addresses, last names, and any photographs posted by
you may not contain nudity or any personal information. Please read
Section 5 above, Listener and User Conduct, for additional terms and
conditions regarding your use of IBuddz.
The
information provided by other users in their Profiles may contain
inaccurate, inappropriate or offensive material, products or services
for which AgilePaper assumes no responsibility or
liability.
AgilePaper reserves the
right, in its sole discretion, to reject, refuse to post or remove any
Content posted by you, or to restrict, suspend, or terminate your
access to all or any part of the AgilePaper Network, including IBuddz,
at any time, for any or no reason, with or without prior notice, and
without liability.
10.
DISCLAIMER OF WARRANTIES
THE
PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES
WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE
EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE
FULLEST EXTENT PERMITTED BY LAW, AGILEPAPER DISCLAIMS ANY WARRANTIES
FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE
PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW,
AGILEPAPER DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR
RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS
WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS
AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND
SERVICES. AGILEPAPER SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT
PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE
OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT AGILEPAPER DISCLAIMS ANY AND ALL
RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS,
LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION
OR MATERIAL IN THE PRODUCTS AND SERVICES. AGILEPAPER DISCLAIMS ANY
RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR
UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. AGILEPAPER DISCLAIMS
ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM
DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE
PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED
BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
AGILEPAPER MAKES NO WARRANTY REGARDING THE RELIABILITY OR
ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY
AGILEPAPER.
YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN
THE DOWNLOAD OF SUCH MATERIAL.
Some
jurisdictions do not allow the disclaimer of implied warranties. In
such jurisdictions, the foregoing disclaimers may not apply to you
insofar as they relate to implied warranties.
11.
LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL
AGILEPAPER OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT
USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES.
SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND
PUNITIVE DAMAGES (EVEN IF AGILEPAPER OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF
LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF
AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE
PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR
TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES
INCURRED BY THIRD PARTIES).
SUCH
LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON
OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE
PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR
RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH
LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST
DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR
NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR
MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO,
IBUDDZ. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH
LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS
OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR
ALTERATION OF PROFILES, ARIST PAGES OR OTHER CONTENT STORED THROUGHOUT
IBUDDZ.
UNDER NO CIRCUMSTANCES
SHALL AGILEPAPER OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR
FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF
NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING,
WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES,
TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES,
ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS,
INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS,
FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL
ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS,
NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT,
LIGHT, OR AIR CONDITIONING.
In
some jurisdictions, limitations of liability are not permitted. In
such jurisdictions, the foregoing limitation may not apply to
you.
12.
DISCLAIMER REGARDING THIRD PARTY CONTENT
IBuddz offers access to
numerous third party web pages and content available over the
Internet. In overwhelming majority instances, including, but not
limited to, sites contained within a directory of links, AgilePaper
has no control whatsoever over the content of such sites. In other
instances, including, but not limited to, web pages hosted on IBuddz
or provided to IBuddz by third parties, AgilePaper may set guidelines
for what may appear on such web pages and may engage in certain
screening, but generally exercises no control over the content of such
web pages and is unable to police all such content. Third party
content accessible through IBuddz from such sources is developed by
people over whom IBuddz exercises no control. Similarly, content
hosted by IBuddz which is posted by third parties, and, with the
exception of certain random screening functions, AgilePaper cannot and
does not screen such web pages before they are made accessible to
other users of IBuddz. Accordingly, neither AgilePaper nor its
licensors assume any responsibility for the content of any site linked
to the IBuddz web site or in any web page hosted for a third party
within IBuddz web site. In instances where IBuddz does review the
sites that are displayed in directories, indices, and/or references,
or where IBuddz makes available directories, indices, and/or
references of sites compiled by third parties, the content located at
such sites was developed third parties, and review of such sites by
AgilePaper, if any, is narrowly limited to that which is necessary for
compiling the particular set of links.
13.
STORAGE
Many
features of IBuddz store information on behalf of Listeners. Examples
include, but are not limited to chat, Profiles and postings.
AgilePaper reserves the right, in its sole discretion, to limit the
amount of storage space available per user or to delete materials
stored for an excessive period while the Listener's account has been
inactive.
14.
ADVERTISERS AND CONTENT LINKED TO THE IBUDDZ
NETWORK
AgilePaper may provide, or
third parties may provide, links to other sites or resources located
on the World Wide Web by allowing a user to leave IBuddz to access
third-party material or by bringing the third party material into this
site via "inverse" hyperlinks and framing technology. AgilePaper has
no control over such sites and resources. You acknowledge and agree
that AgilePaper 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 AgilePaper 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.
Your
correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the IBuddz Products and
Services, 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 AgilePaper 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 Product and Services.
15.
NO LICENSE; INTELLECTUAL PROPERTY OF IBUDDZ AND
OTHERS
Except as expressly
provided, nothing within any of the Products and Services shall be
construed as conferring any license under any of AgilePaper's or any
third party's intellectual property rights, whether by estoppel,
implication, waiver, or otherwise. Without limiting the generality of
the foregoing, you acknowledge and agree that certain Content
available through and used to operate IBuddz and the Products and
Services is protected by copyright, trademark, patent, or other
proprietary rights of AgilePaper and its affiliates, licensors
(including, without limitation, Artists), and service providers.
Except as expressly provided to the contrary, you agree not to modify,
alter, or deface any of the trademarks, service marks, or other
intellectual property made available by AgilePaper in connection with
the Products and Services. You agree not to hold yourself out as in
any way sponsored by, affiliated with, or endorsed by AgilePaper, any
of AgilePaper's affiliates, or any of AgilePaper's service providers.
You agree not to use any of the trademarks or service marks or other
Content accessible through IBuddz for any purpose other than the
purpose for which such Content is made available to users by
AgilePaper. You agree not to defame or disparage AgilePaper, the
trademarks or service marks of AgilePaper, or any aspect of the
Products and Services. You agree not to adapt, translate, modify,
decompile, disassemble, or reverse engineer the Products and Services
or any software or programs used in connection with the Products and
Services or IBuddz.
16.
LINKING TO IBUDDZ; USE OF LOGO
IBuddz offers a
non-assignable, non-transferable, and non-exclusive license to link to
IBuddz web sites, using IBuddz logos, subject to the following
provisions. IBuddz logos may be placed on a Web site for the sole
purpose of creating a link to IBuddz and allowing users of your site
to access the Products and Services on IBuddz. IBuddz logos and may
not be used for any other purpose, including, among other purposes, to
suggest sponsorship by, or affiliation with, or endorsement by IBuddz.
IBuddz logos may only be used in the exact size, shape, colors,
design, and configuration as found on such web page. IBuddz logos may
not be altered in any manner. IBuddz logos must appear by themselves,
with reasonable spacing (at least the height of the logo) between each
side of the applicable logo and other graphic or textual elements.
IBuddz logos may not be used to disparage IBuddz, its products or
services, or in a manner which, in AgilePaper's reasonable judgment,
may diminish or otherwise damage AgilePaper's good will in IBuddz
logos. By using any such AgilePaper logo, you acknowledge that IBuddz
has exclusive rights to the logo, and that all good will generated
through your use of the logo will inure to the benefit of IBuddz. If
you use IBuddz logos, you must include appropriate attribution, for
example: "IBuddz® is a registered trademark of AgilePaper Corp."
AgilePaper reserves the right to revoke this license or to alter its
terms from time to time, for any or no reason, with or without notice.
AgilePaper reserves the right to take action against any use that does
not conform to these provisions.
17.
INDEMNITY AND RELEASE
By
using the IBuddz web site you agree to indemnify AgilePaper Corp., and
their officers, employees, and licensors, and hold them harmless from
any and all claims and expenses, including attorney's fees, arising
from your use of the IBuddz web site, your use of the Products and
Services, or your submission of ideas and/or related materials to
AgilePaper or from any person's use of any account or password you
maintain with IBuddz, regardless of whether such use is authorized by
you. By using IBuddz, using the Products and Services, or submitting
any ideas and/or related materials to AgilePaper, you are hereby
agreeing to release AgilePaper and its parents, subsidiaries,
affiliates, officers, employees, and licensors from any and all
claims, demands, debts, obligations, damages (actual or
consequential), costs, and expenses of any kind or nature whatsoever,
whether known or unknown, suspected or unsuspected, disclosed or
undisclosed, that you may have against them arising out of or in any
way related to such disputes and/or to the Products and Services or to
any disputes regarding use of ideas and/or related materials submitted
to AgilePaper. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE
EFFICACY OF SUCH RELEASES.
FOR
EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA
CIVIL CODE SECTION 1542, WHICH PROVIDES
"A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR."
18.
LIMITATION OF ACTIONS
You
acknowledge and agree that, regardless of any statute or law to the
contrary, any claim or cause of action you may have arising out of, or
relating to, your use of IBuddz or the Products and Services must be
filed within one (1) year after such claim or cause of action arises,
or forever be barred.
19.
COPYRIGHT, TRADEMARK, AND PATENT NOTICES
All
other marks that appear throughout the Products and Services belong to
AgilePaper, the Artists featured on IBuddz, or the respective owners
of such marks, and are protected by U.S. and international copyright
and trademark laws. Any use of any of the marks appearing throughout
the Products and Services without the express written consent of
AgilePaper or the owner of the mark, as appropriate, is strictly
prohibited. AgilePaper may provide, or third parties may provide,
links to other sites or resources located on the World Wide Web by
allowing a user to leave IBuddz to access third-party material or by
bringing the third party material into this site via "inverse"
hyperlinks and framing technology. AgilePaper has no control over such
sites and resources. You acknowledge and agree that AgilePaper 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 AgilePaper
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.
Your
correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the IBuddz Products and
Services, 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 AgilePaper 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 Product and Services.
20.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It
is the policy of AgilePaper to respond expeditiously to claims of
intellectual property infringement. AgilePaper will promptly process
and investigate notices of alleged infringement and will take
appropriate actions under the Digital Millennium Copyright Act
("DMCA") and other applicable intellectual property laws. Upon receipt
of notices complying or substantially complying with the DMCA, IBuddz
will act expeditiously to remove or disable access to any material
claimed to be infringing or claimed to be the subject of infringing
activity and will act expeditiously to remove or disable access to any
reference or link to material or activity that is claimed to be
infringing. IBuddz will terminate access for Listeners or Artists who
are repeat infringers. Notices of claimed infringement should be
directed to:
General
Council
AgilePaper
Corp.
c /
o IBuddz.com
1250
Oakmead Parkway
Suite
210
Sunneyvale, CA
94054
E-mail:
info@iBuddz.com
Please put "Notice of
Infringement" in the subject line of all such notifications. When
AgilePaper removes or disables access to any material claimed to be
infringing, AgilePaper may attempt to contact the user who has posted
such material in order to give that user an opportunity to respond to
the notification, although AgilePaper makes no promise to do so. Any
and all counter notifications submitted by the user will be furnished
to the complaining party. AgilePaper will give the complaining party
an opportunity to seek judicial relief in accordance with the DMCA
before AgilePaper replaces or restores access to any material as a
result of any counter notification.
21.
ARBITRATION, GOVERNING LAW AND FORUM FOR
DISPUTES
Unless expressly stated to
the contrary elsewhere within the Products and Services, all legal
issues arising from or related to the use of the Products and Services
shall be construed in accordance with, and all questions with respect
thereto shall be determined by, the laws of the State of Florida
applicable to contracts entered into and wholly to be performed within
said state. Any controversy or claim arising out of or relating to
these Terms and Conditions or any user's use of the Products and
Services shall be settled by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration
shall be conducted in Cooper City, Florida, and judgment on the
arbitration award may be entered into in any state or federal court in
Florida having jurisdiction thereof. Any party seeking temporary or
preliminary injunctive relief may do so in any state or federal court
in Florida having jurisdiction thereof. Except as set forth above, the
state and federal courts of Florida shall be the exclusive forum and
venue to resolve disputes arising out of or relating to these Terms
and Conditions or any user's use of the Products and Services. By
using the Products and Services and thereby agreeing to these Terms
and Conditions, users consent to personal jurisdiction and venue in
the state and federal courts in Florida with respect to all such
disputes.
22.
CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND
SERVICES
IBuddz reserves the right
to modify the Products and Services from time to time, for any reason,
and without notice, including the right to terminate the Products and
Services. IBuddz reserves the right to modify these Terms and
Conditions from time to time, without notice. Please review these
Terms and Conditions from time to time so you will be apprised of any
changes.
23.
MERGER
These Terms and Conditions
constitute the entire agreement between the parties with respect to
the subject matter contained herein and supersede any other
agreements, proposals and communications, written or oral, between
AgilePaper's representations and you with respect to the subject
matter hereof; except that any other terms and conditions located on
any individual AgilePaper web site or in connection with the Products
and Services are incorporated herein by reference to the extent they
do not conflict with these Terms and Conditions. To the extent that
any other terms and conditions or terms of service conflict with these
Terms and Conditions, those other provisions shall control with
respect to the use of the particular web site and any Products or
Services available on or through the web site or the respective
Product or Service at which those other provisions may be
found.
24.
NON-WAIVER AND SEPARABILITY
AgilePaper's failure to
exercise any right or provision of these Terms and Conditions shall
not constitute a waiver of such right or provision. If a court of
competent jurisdiction holds any provision of these Terms and
Conditions 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 agree that the other provisions of
these Terms and Conditions remain in full force and
effect.
25.
RELATIONSHIP OF PARTIES
You
acknowledge and agree that you and AgilePaper are independent
contractors under these Terms and Conditions, and nothing herein shall
be construed to create a partnership, joint venture, agency, or
employment relationship. Neither party pursuant to these Terms and
Conditions has authority to enter into agreements of any kind on
behalf of the other and neither party shall be considered the agent of
the other.
26.
NO RESALE, ASSIGNMENT, OR SUBLICENSING
You
agree not to resell, assign, sublicense, otherwise transfer, or
delegate your rights or obligations under these Terms and Conditions
without prior express written authorization of
AgilePaper.
27.
SUCCESSORS AND ASSIGNS
Without in any way
limiting the prohibition on your resale, assignment, sublicensing, or
other transfer of rights or obligations, these Terms and Conditions
shall be binding upon and inure to the benefit of the parties hereto
and their respective heirs, successors, and
assigns.
28.
TERMINATION; SURVIVAL
These Terms and Conditions
shall continue in effect for as long as you use the Products and
Services, unless specifically terminated earlier by AgilePaper. All
provisions of these Terms and Conditions which impose obligations
continuing in their nature shall survive termination of these Terms
and Conditions.
29.
COMMUNICATIONS WITH USERS
You
consent to receive communications from AgilePaper concerning your use
of the Products and Services ("Communications"). The Communications
may be those that AgilePaper is required to send to you by law
concerning the Products and Services ("Required Communications"). The
Communications may also be those that AgilePaper sends to you for
other reasons. You consent to receive Communications electronically.
AgilePaper may provide these Communications to you by sending an email
to the email address you provided in connection with your account or
by posting the Communication on IBuddz. You also consent to receive
Communications by telephone or by postal mail sent to the postal
address you provided in connection with your account. You may change
the email or postal address to which AgilePaper sends Communications
by visiting your account information page.
For
a period of 120 days from the date that AgilePaper first provided a
Required Communication to you in electronic form, you may request a
paper copy of such Required Communication by sending a request to
AgilePaper Corp. 1250 Oakmead Parkway Suite 210 Sunneyvale, CA 94054,
Attention: Customer Service (the "Customer Service Address").
AgilePaper may charge a reasonable fee for providing paper copies. You
may, without payment of special fees, withdraw your consent to receive
Required Communications electronically by sending a notice to the
Customer Service Address that identifies your full name, user name and
postal mailing address. However, if you withdraw such consent, then
AgilePaper reserves the right to terminate your right to use the
Products and Services, including, without limitation, by terminating
your account and any subscription services that you may
have.
In
order to receive Required Communications, you must provide AgilePaper,
upon registration with IBuddz, a valid email address to which
AgilePaper may send electronic mail. Your computer must also have a
modem or other means of Internet access, an Internet browser such as
Internet Explorer version 5.x or above or Netscape Navigator version
6.x or above, email communications software capable of receiving and
storing electronic mail, and a printer, if you wish, for printing
electronic communications. AgilePaper will provide notice of any
changes to these requirements.
30.
SUBMISSIONS OF IDEAS
IBuddz is always improving
its Products and Services and developing new features. If you have
ideas regarding improvements or additions to IBuddz we would like to
hear them -- but any submission will be subject to these Terms and
Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR
RELATED MATERIALS TO IBUDDZ BE SUBJECT TO ANY OBLIGATION OF
CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA
AND/OR ANY RELATED MATERIAL TO AGILEPAPER, YOU ARE WAIVING ANY AND ALL
RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE
REPRESENTING AND WARRANTING TO AGILEPAPER THAT THE IDEA AND/OR RELATED
MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY
RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT IBUDDZ IS FREE TO
IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS
PROVIDED OR AS MODIFIED BY AGILEPAPER, WITHOUT OBTAINING PERMISSION OR
LICENSE FROM ANY THIRD PARTY.
31.
EXPORT CONTROLS
Certain software, and
related documentation or technical information, available through
IBuddz is subject to applicable laws and regulations of the United
States pertaining to export controls. By using such software or
related documentation or technical information, you represent and
warrant that you are not located in, or under the control of, or a
national or resident of any embargoed country or any country on the
U.S. Department of Commerce's Table of Denial Orders. You agree not to
export or re-export such software or related documentation or
technical information directly or indirectly to any countries that are
subject to United States export restrictions.
32.
VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these
Terms and Conditions or any other rights of AgilePaper, AgilePaper
reserves the right to pursue any and all legal and equitable remedies
against you, including, without limitation, terminating any and all
user accounts on any and all of the AgilePaper web
sites.
If
you are aware of any violations of these Terms and Conditions, please
report them to:
AgilePaper
c/o
IBuddz Abuse
1250
Oakmead Parkway
Suite
210
Sunneyvale, CA
94054
Please read the entire
Terms and Conditions, as all AgilePaper properties, Products and
Services are offered subject to these Terms and
Conditions.
Thank you for taking the
time to read these Terms and Conditions and we hope you enjoy our
Products and Services.
Last
updated December 1, 2009