OVERVIEW 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.
Acceptance
Conditions and Restrictions on Use
Registration & Privacy
Responsibility for Minors
Listener and User Conduct
License to User Content
Third Party Merchandise Sales
IBuddz Music Player
Profiles
Disclaimer of Warranties
Limitation of Liability
Disclaimer Regarding Third Party Content
Storage
Advertisers and Content Linked to the IBuddz Network
No License; Intellectual Property of IBuddz and Others
Linking to IBuddz; Use of Logo
Indemnity and Release
Limitation of Actions
Copyright, Trademark and Patent Notices
Intellectual Property Infringement Claims
Arbitration, Governing Law and Forum for Disputes
Changes in Terms and Conditions and Changes in Products and Services
Merger
Non-Waiver and Separability
Relationship of Parties
No Resale, Assignment or Sub-Licensing
Successors and Assigns
Termination; Survival
Communications with Users
Submission of Ideas
Export Controls
Violations and Terms and Conditions
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.
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.
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.
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.
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:
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, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
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.
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.
Harm minors in any other way.
Make any sexual request on behalf of a minor or make any sexual request of a minor.
"Stalk" or otherwise harass another.
Collect or store personally identifying information about other users for commercial or unlawful purposes.
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.
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.
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).
Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
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:
Making available copyrighted software or other Content that has had the copyright protection removed.
Making available serial numbers for software that can be used to illegally validate or register software.
Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
Making available any software files for which the user does not own the copyright or have the legal right to make available.
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.
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.
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.
Use automated means, including spiders, robots, crawlers, or the like to download data from any AgilePaper Network database.
Conduct your own contests and promotions.
Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
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.
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.
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.
Create and maintain a IBuddz artist site that contains hyperlinks to content not permitted on IBuddz.
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.
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.
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.
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.
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.
Access the Products and Services after your account or access has been terminated by AgilePaper.
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.
Submit any order to purchase goods or services from individual Artist sites where you do not intend to complete the transaction.
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.
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.
Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
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.
Advertise, offer for sale, or sell any of the following items:
Any firearms, explosives, or weapons.
Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
Any alcoholic beverages.
Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
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.
Any controlled substances or pharmaceuticals.
Any counterfeit or stolen items.
Any dangerous items.
Any goods or services that do not, in fact, exist.
Any registered or unregistered securities.
Any items that violate or infringe the rights of other parties.
Any items that you do not have the legal right to sell.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.