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ACCEPTANCE OF TERMS
iComment Inc. (“iComment”) welcomes you. iComment provides its
service to you subject to the following Terms of Service (“TOS”),
which may be updated by us from time to time without notice to
you. You can review the most current version of the TOS at any
time.
In addition, when using particular iComment owned or operated
services, you and iComment shall be subject to any posted
guidelines or rules applicable to such services, which may be
posted from time to time. All such guidelines or rules (including
but not limited to our Spam Policy) are hereby incorporated by
reference into the TOS. iComment may also offer other services
that are governed by different Terms of Service.
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DESCRIPTION OF SERVICE
iComment provides users with access to a rich collection of
resources, including various communications tools, forums,
shopping services, search services, personalized content and
branded programming through its network of properties which may be
accessed through any various medium or device now known or
hereafter developed (the “Service”). You also understand and agree
that the Service may include advertisements and that these
advertisements are necessary for iComment to provide the Service.
You also understand and agree that the Service may include certain
communications from iComment, such as service announcements,
administrative messages and the iComment Newsletter, and that
these communications are considered part of iComment membership
and you will not be able to opt out of receiving them. Unless
explicitly stated otherwise, any new features that augment or
enhance the current Service, including the release of new iComment
properties, shall be subject to the TOS. You understand and agree
that the Service is provided “AS-IS” and that iComment assumes no
responsibility for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalization
settings. You are responsible for obtaining access to the Service,
and that access may involve third-party fees (such as Internet
service provider or airtime charges). You are responsible for
those fees, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service.
Please be aware that iComment has created certain areas on the
Service that contain adult or mature content. You must be at least
18 years of age to access and view such areas.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that
you are of legal age to form a binding contract and are not a
person barred from receiving services under the laws of the United
States or other applicable jurisdiction. You also agree to: (a)
provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (the
“Registration Data”) and (b) 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 iComment has reasonable grounds to
suspect that such information is untrue, inaccurate, not current
or incomplete, iComment has the right to suspend or terminate your
account and refuse any and all current or future use of the
Service (or any portion thereof). iComment is concerned about the
safety and privacy of all its users, particularly children. For
this reason, parents of children under the age of 13 who wish to
allow their children access to the Service must create a iComment
Family Account. When you create a iComment Family Account and add
your child to the account, you certify that you are at least 18
years old and that you are the legal guardian of the
child/children listed on the iComment Family Account. By adding a
child to your iComment Family Account, you also give your child
permission to access many areas of the Service, including, email,
message boards and instant messaging (among others). Please
remember that the Service is designed to appeal to a broad
audience. Accordingly, as the legal guardian, it is your
responsibility to determine whether any of the Service areas
and/or Content (as defined in Section 6 below) are appropriate for
your child.
iCOMMENT PRIVACY POLICY
Registration Data and certain other information about you is
subject to our Privacy Policy. For more information, see our full
Privacy Policy. You understand
that through your use of the Service you consent to the collection
and use (as set forth in the Privacy Policy) of this information,
including the transfer of this information to the United States
and/or other countries for storage, processing and use by iComment
and its affiliates.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon
completing the Service's registration process. You are responsible
for maintaining the confidentiality of the password and account
and are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify iComment
of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account
at the end of each session. iComment cannot and will not be liable
for any loss or damage arising from your failure to comply with
this Section 5.
MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages, tags, or other
materials (“Content”), whether publicly posted or privately
transmitted, are the sole responsibility of the person from whom
such Content originated. This means that you, and not iComment,
are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service.
iComment does not control the Content posted via the Service and,
as such, does not guarantee the accuracy, integrity or quality of
such Content. You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will iComment be liable in any way for any
Content, including, but not limited to, any errors or omissions in
any Content, or any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited
to, a iComment official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation
with a person or entity;
- forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through
the Service;
- upload, post, email, transmit or otherwise make available
any Content that you do not have a right to make available
under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available
any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights (“Rights”) of
any party;
- upload, post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional
materials, “junk mail”, “spam”, “chain letters”, “pyramid
schemes”, or any other form of solicitation, except in those
areas (such as shopping) that are designated for such
purpose (please read our complete Spam Policy);
- upload, post, email, transmit or otherwise make available
any material that contains software viruses or any other
computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to
“scroll” faster than other users of the Service 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 Service or servers or networks
connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to
the Service;
- 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;
- provide material support or resources (or to conceal or
disguise the nature, location, source, or ownership of
material support or resources) to any organization(s)
designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the
Immigration and Nationality Act;
- “stalk” or otherwise harass another; and/or
- collect or store personal data about other users in
connection with the prohibited conduct and activities set
forth in paragraphs a through m above.
You acknowledge that iComment may or may not pre-screen Content,
but that iComment and its designees shall have the right (but not
the obligation) in their sole discretion to pre-screen, refuse, or
remove any Content that is available via the Service. Without
limiting the foregoing, iComment and its designees shall have the
right to remove any Content that violates the TOS or is otherwise
objectionable. You 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 iComment or submitted to iComment,
including without limitation information in iComment Message
Boards and in all other parts of the Service.
You acknowledge, consent and agree that iComment may access,
preserve and disclose your account information and Content if
required to do so by law or in a good faith belief that such
access preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third parties; (d)
respond to your requests for customer service; or (e) protect the
rights, property or personal safety of iComment, its users and the
public.
You understand that the technical processing and transmission of
the Service, 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 understand that the Service and software embodied within the
Service may include security components that permit digital
materials to be protected, and that use of these materials is
subject to usage rules set by iComment and/or content providers
who provide content to the Service. You may not attempt to
override or circumvent any of the usage rules embedded into the
Service. Any unauthorized reproduction, publication, further
distribution or public exhibition of the materials provided on the
Service, in whole or in part, is strictly prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON iCOMMENT NETWORK
When you register with iComment, you acknowledge that in using
iComment services to send electronic communications (including but
not limited to posts, email, search queries, sending messages to
iComment Chat or iComment Groups, uploading photos and files, and
other Internet activities), you will be causing communications to
be sent through iComment's computer networks, portions of which
are located in Florida, California, Atlanta, Texas, Virginia, and
other locations in the United States and portions of which are
located abroad. As a result, and also as a result of iComment's
network architecture and business practices and the nature of
electronic communications, even communications that seem to be
intrastate in nature can result in the transmission of interstate
communications regardless of where you are physically located at
the time of transmission. Accordingly, by agreeing to this Terms
of Service, you acknowledge that use of the service results in
interstate data transmissions.
iComment Messenger, including any web-based versions, will allow
you and the people with whom you communicate to save your
conversations in your iComment accounts located on iComment
servers. This means you can access and search your message history
from any computer with access to the internet. Whether or not you
use this feature, other users may choose to use it to save
conversations with you in their account on iComment too. Your
agreement to this TOS constitutes your consent to allow iComment
to store these communications on its servers. From time to time
iComment will send you notices through the iComment Messenger
Service to let you know about important changes to the iComment
Messenger or related Services. Such messages may not be received
if you violate this TOS by accessing the Service in an
unauthorized manner. Your agreement to this TOS constitutes your
agreement that you are deemed to have received any and all notices
that would have been delivered had you accessed the Service in an
authorized manner.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported from
the United States or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
iComment does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to
Content you submit or make available for inclusion on publicly
accessible areas of the Service, you grant iComment the following
worldwide, royalty-free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for
inclusion on publicly accessible areas of iComment, the
license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the
Service solely for the purposes of providing and promoting
the specific iComment to which such Content was submitted or
made available. This license exists only for as long as you
elect to continue to include such Content on the Service and
will terminate at the time you remove or iComment removes
such Content from the Service.
- With respect to photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible areas
of the Service, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purpose for which such
Content was submitted or made available. This license exists
only for as long as you elect to continue to include such
Content on the Service and will terminate at the time you
remove or iComment removes such Content from the Service.
- With respect to Content other than photos, graphics, audio
or video you submit or make available for inclusion on
publicly accessible areas of the Service, the perpetual,
irrevocable and fully sublicensable license to use,
distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content (in whole
or in part) and to incorporate such Content into other works
in any format or medium now known or later developed.
“Publicly accessible” areas of the Service are those areas of the
iComment network of properties that are intended by iComment to be
available to the general public. By way of example, publicly
accessible areas of the Service would include iComment Message
Boards and portions of iComment Toolbar Posts, Photos that are
open to both members and visitors. However, publicly accessible
areas of the Service would not include sections that are limited
to members, iComment services intended for private communication
such as iComment Mail or iComment Messenger, or areas off of the
iComment network of properties such as portions of World Wide Web
sites that are accessible via hypertext or other links but are not
hosted or served by iComment.
CONTRIBUTIONS TO iCOMMENT
By submitting ideas, suggestions, documents, and/or proposals
(“Contributions”) to iComment through its suggestion or feedback
webpages, you acknowledge and agree that: (a) your Contributions
do not contain confidential or proprietary information; (b)
iComment is not under any obligation of confidentiality, express
or implied, with respect to the Contributions; (c) iComment shall
be entitled to use or disclose (or choose not to use or disclose)
such Contributions for any purpose, in any way, in any media
worldwide; (d) iComment may have something similar to the
Contributions already under consideration or in development; (e)
your Contributions automatically become the property of iComment
without any obligation of iComment to you; and (f) you are not
entitled to any compensation or reimbursement of any kind from
iComment under any circumstances.
INDEMNITY
You agree to indemnify and hold iComment and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you
submit, post, transmit or otherwise make available through the
Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell
or exploit for any commercial purposes, any portion of the Service
(including your iComment ID), use of the Service, or access to the
Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that iComment may establish general practices and
limits concerning use of the Service, including without limitation
the maximum number of days that posts, email messages, message
board postings or other uploaded Content will be retained by the
Service, the maximum number of email messages that may be sent
from or received by an account on the Service, the maximum size of
any email message that may be sent from or received by an account
on the Service, the maximum disk space that will be allotted on
iComment's servers on your behalf, and the maximum number of times
(and the maximum duration for which) you may access the Service in
a given period of time. You agree that iComment has no
responsibility or liability for the deletion or failure to store
any messages and other communications or other Content maintained
or transmitted by the Service. You acknowledge that iComment
reserves the right to log off accounts that are inactive for an
extended period of time. You further acknowledge that iComment
reserves the right to modify these general practices and limits
from time to time.
MODIFICATIONS TO SERVICE
iComment reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that iComment
shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
TERMINATION
You agree that iComment may, under certain circumstances and
without prior notice, immediately terminate your iComment account,
any associated email address, and access to the Service. Cause for
such termination shall include, but not be limited to, (a)
breaches or violations of the TOS or other incorporated agreements
or guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any
part thereof), (e) unexpected technical or security issues or
problems, (f) extended periods of inactivity, (g) engagement by
you in fraudulent or illegal activities, and/or (h) nonpayment of
any fees owed by you in connection with the Services. Termination
of your iComment account includes (a) removal of access to all
offerings within the Service, including but not limited to
iComment Mail, Posts, Messenger, Chat, Domains, Personals,
Auctions, Message Boards, Greetings, Alerts and Games, (b)
deletion of your password and all related information, files and
content associated with or inside your account (or any part
thereof), and (c) barring of further use of the Service. Further,
you agree that all terminations for cause shall be made in
iComment's sole discretion and that iComment shall not be liable
to you or any third party for any termination of your account, any
associated email address, or access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service,
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 iComment 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 Service.
LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because iComment has no
control over such sites and resources, you acknowledge and agree
that iComment 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 iComment 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.
iCOMMENT'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service (“Software”) contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service
or by advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as
expressly permitted by applicable law or authorized by iComment or
advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the
Software, in whole or in part.
iComment grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a
single computer; provided that you do not (and do not allow any
third party to) copy, modify, create a derivative work from,
reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or
form, nor to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by
iComment for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. iComment AND
ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- iCOMMENT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM iCOMMENT OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC
SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE.
CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED
EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF
PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR
FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN
PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF
THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY
OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE:
DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF
AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR
CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT iCOMMENT AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF iCOMMENT
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request
any news, messages, alerts or other information from the Service
concerning companies, stock quotes, investments or securities,
please read the above Sections 19 and 20 again. They go doubly for
you. In addition, for this type of information particularly, the
phrase “Let the investor beware” is apt. The Service is provided
for informational purposes only, and no Content included in the
Service is intended for trading or investing purposes. iComment
and its licensors shall not be responsible or liable for the
accuracy, usefulness or availability of any information
transmitted or made available via the Service, and shall not be
responsible or liable for any trading or investment decisions
based on such information.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this
TOS, there shall be no third-party beneficiaries to this agreement.
NOTICE
iComment may provide you with notices, including those regarding
changes to the TOS, including by but not limited to email, regular
mail, SMS, MMS, text message, postings on the Service, or other
reasonable means now known or hereinafter developed.
TRADEMARK INFORMATION
The iComment, iComment logo, iComment (in ANY LANGUAGE
Characters), iCOMMENT TOOLBAR, iCOMMENT BUTTON, iCOMMENT TOOLBAR
BUTTON, DO YOU iCOMMENT?, MY iCOMMENT, iCOMMENT EVERYWHERE,
iCOMMENT GROUPS, iCOMMENT POSTS, iCOMMENT FORUMS, iCOMMENT BLOGS,
iCOMMENT BOXES, iCOMMENT SEARCH, iCOMMENTATOR, iCOMMENTATORS,
iCOMMENTER, iCOMMENTERS, iCOMMENT MAIL, iCOMMENT CHAT, iCOMMENT
VISION, CORPORATE iCOMMENT, iCOMMENT TRAFFIC SERVER, iCOMMENT AD
SERVER, iCOMMENT ON, iCOMMENT BE HEARD, and YOUR iCOMMENTS ON THE
WEB trademarks and service marks and other iComment logos and
product and service names are trademarks of iComment Inc. (the
“iComment Marks”). Without iComment's prior permission, you agree
not to display or use in any manner, the iComment Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR
INTELLECTUAL PROPERTY INFRINGEMENT
iComment respects the intellectual property of others, and we ask
our users to do the same. iComment may, in appropriate
circumstances and at its discretion, disable and/or terminate the
accounts of users who may be repeat infringers. If you believe
that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been
otherwise violated, please provide iComment's Copyright Agent the
following information:
- an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other
intellectual property interest;
- a description of the copyrighted work or other intellectual
property that you claim has been infringed;
- a description of where the material that you claim is
infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner,
its agent, or the law;
- a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you
are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property
owner's behalf.
iComment's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o iComment Inc.
10 Fairway Drive, Suite 124
Deerfield Beach, FL 33441
By phone: (954) 341-6567
By fax: (866) 271-3894
By email: legal@iComment.com
GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between
you and iComment and governs your use of the Service, superseding
any prior agreements between you and iComment with respect to the
Service. You also may be subject to additional terms and
conditions that may apply when you use or purchase certain other
iComment services, affiliate services, third-party content or
third-party software.
Choice of Law and Forum. The TOS and the relationship between you
and iComment shall be governed by the laws of the State of Florida
without regard to its conflict of law provisions. You and iComment
agree to submit to the personal and exclusive jurisdiction of the
courts located within the county of Broward, Florida.
Waiver and Severability of Terms. The failure of iComment to
exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision
of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full
force and effect.
No Right of Survivorship and Non-Transferability. You agree that
your iComment account is non-transferable and any rights to your
iComment ID or contents within your account terminate upon your
death. Upon receipt of a copy of a death certificate, your account
may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the TOS must be filed
within one (1) year after such claim or cause of action arose or
be forever barred.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
VIOLATIONS
Please report any violations of the TOS to our abuse team.
