Terms
ipboast, is a free business network based on an elgg social networking platform that allows community members to create business or personal profiles online in order to find resources in aiding of all aspects of creative and intellectual property needs. ipboast, allows users to upload his or her or his or her business’ creative and intellectual property, artwork, paintings, photographic works, sculptures, products, designs, logos, trademarks, but not limited to those forelisted, whether to promote via video and advertisement upload and editability. We are not affiliated in anyway with the USPTO, US Copyright Office or any other organization. ipboast, is not the owner of any materials a user posts to his/her page and will not claim ownership of any materials once posted.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the ipboast services. By using the ipboast services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the ipboast website, including through a mobile device, or otherwise use ipboast services without being registered) or you are a "Member" (which means that you have registered with ipboast). The term "User" refers to a Visitor or a Member. You are only authorized to use the ipboast (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the ipboast website and discontinue use of the ipboast services immediately. If you wish to become a Member, communicate with other community members and/or make use of ipboast,. By creating a username, you are indicating your acceptance of this Agreement and that you are sole owner of your product and that all applicable licences have been filed to bring your product to market. This Agreement includes ipboast’s policy for acceptable use of the ipboast content posted on or through the ipboast services and your rights, obligations and restrictions regarding your use of ipboast and it’s content posted on or through ipboast. In order to participate in certain. ipboast may modify this Agreement from time to time and such modification shall be effective upon posting by ipboast on the ipboast website. Your continued use of ipboast after ipboast posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on or through the ipboast and that you provide to other Users. Your ipboast profile may not include any form of Prohibited Content, as outlined below. Despite this prohibition, information, materials, products or services provided by other ipboast community members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and ipboast assumes no responsibility or liability for this material. If you become aware of misuse of the ipboast by any business or person, please click on the "Reported This” or the “Report Abuse” link on the left column of ipboast website pages. ipboast reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of ipboast at any time, for any or no reason, with or without prior notice or explanation, and without liability. ipboast expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of ipboast if ipboast determines, in its sole discretion, that you have violated this Agreement or pose a threat to ipboast and/or its Users. 1. Eligibility. Use of the ipboast and registration to be a community Member for ipboast. (“Membership”) is void where prohibited. By using the ipboast, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of ipboast does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use ipboast or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. MySpace may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
3. Fees. You acknowledge that MySpace reserves the right to charge for any portion of ipboast and to change its fees (if any) from time to time in its discretion. If ipboast terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password. When you sign up to become an ipboast community member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another community member at any time or to disclose your password to any third party. You agree to notify ipboast immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. ipboast administrators will never ask for your password.
5. Use by Members. ipboast is for the personal use of its’ community members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by ipboast. ipboast reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of ipboast, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the ipboast website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of community membership privileges. ipboast reserves the right to take appropriate legal action for any illegal or unauthorized use of the ipboast.
6. Proprietary Rights in Content on ipboast. 6.1 ipboast does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the ipboast. After posting your Content to ipboast, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the ipboast, you hereby grant to ipboast a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the ipboast, including without limitation distributing part or all of the ipboast website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the ipboast. This limited license does not grant ipboast the right to sell or otherwise distribute your Content outside of ipboast. After you remove your Content from the ipboast, we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the ipboast website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the ipboast website as soon as practicable after you make the change. 6.2 The license you grant to ipboast is non-exclusive (meaning you are free to license your Content to anyone else in addition to ipboast), fully-paid and royalty-free (meaning that ipboast is not required to pay you for the use on the ipboast website of the Content that you post), sublicensable (so that MySpace is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the ipboast’s services), and worldwide (because the Internet and the ipboast website are global in reach). 6.3 You represent and warrant that: (i) you own the Content posted by you on or through the ipboast or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the ipboast does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the ipboast website. 6.4 ipboast contains Content of ipboast is protected by copyright, trademark, patent, trade secret and other laws, and ipboast owns and retains all rights in the ipboast website. ipboast hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the ibboast Content (excluding any software code) solely for your personal use in connection with viewing the ipboast website and using the ipboast website. 6.5 The ipboast website contains Content of Users and other ipboast licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the ipboast website that you do not have the licenese or rights to. 6.6 ipboast performs technical functions necessary to offer the ipboast website, including but not limited to transcoding and/or reformatting Content to allow its use throughout the ipboast website. 7. Content Posted. 7.1 ipboast may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of ipboast violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. ipboast assumes no responsibility for monitoring the ipboast website for inappropriate Content or conduct. If at any time ipboast chooses, in its sole discretion, to monitor the ipboast website, ipboast nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. 7.2 You are solely responsible for the Content that you post on or through any of the ipboast website, and any material or information that you transmit to other Members and for your interactions with other Users.
8. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the ipboast website. ipboast reserves the right to investigate and take appropriate legal action against anyone who, in ipboast’s sole discretion, violates this provision, including without limitation, removing the offending Content from the ipboast website and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of ipboast: 8.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 8.2 harasses or advocates harassment of another person; 8.3 exploits people in a sexual or violent manner; 8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; 8.5 solicits personal information from anyone under 18; 8.6 publicly posts information that poses or creates a privacy or security risk to any person; 8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; 8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; 8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; 8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; 8.13 involves commercial activities and/or sales without prior written consent from ipboast such as contests, sweepstakes, barter, advertising, or pyramid schemes; 8.14 includes a photograph or video of another person that you have posted without that person's consent; 8.15 for artists, product, creative and intellectual property and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or 8.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person. The following are examples of the kind of activity that is illegal or prohibited on the ipboast website and through your use of the ipboast website. ipboast reserves the right to investigate and take appropriate legal action against anyone who, in ipboast’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: 8.17 criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; 8.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the ipboast website. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, ipboast reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which ipboast deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the ipboast website, you acknowledge that you will have caused substantial harm to ipboast, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay ipboast $50 for each such unsolicited email or other unauthorized commercial communication you send through the ipboast website; 8.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the ipboast Services; 8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; 8.21 covering or obscuring the banner advertisements on your personal profile page, or any ipboast page via HTML/CSS or any other means; 8.22 any automated use of the system, such as, but not limited to, using 8.23 interfering with, disrupting, or creating an undue burden on the ipboast website or the networks or services connected to the ipboast website; 8.24 impersonating or attempting to impersonate another Member, person or entity; 8.25 for creative and intellectual property owners and other profiles containing an ipboast player, copying the code for your ipboast Player and embedding it (or directing others to embed it) anywhere other than your profile on ipboast; 8.26 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; 8.27 selling or otherwise transferring your profile; 8.28 using any information obtained from the ipboast website in order to harass, abuse, or harm another person or entity, or attempting to do the same; 8.29 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the ipboast website on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your friends, or sending private messages with a commercial purpose; or 8.30 using the ipboast website in a manner inconsistent with any and all applicable laws and regulations. 9. Protecting Copyrights and Other Creative and Intellectual Property. ipboast respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. ipboast has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the ipboast website in a way that constitutes copyright infringement or on any intellectual property, please report to ipboast a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the ipboast website(providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. 10. Member Disputes. You are solely responsible for your interactions with other ipboast community members. ipboast reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members. 11. Privacy. Use of the ipboast website is also governed by our
, which is incorporated into this Agreement by this reference.
Please contact us at: tekatl@ ipboast.com with any questions regarding this Agreement.
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