Terms of Use
Acceptance of Terms
Please review the following basic terms that govern your use of the Innerwall, Inc. web sites. Please be advised that your use of any of the Innerwall, Inc. web sites constitutes your agreement to follow and be bound by the following Terms of Use.
Sites Operated Under This Policy
Innerwall, Inc. currently operates the following websites, to which this policy pertains:
www.Innerwall.com
We may from time to time add new sites that may or may not be listed above. Please note that this policy applies only to sites maintained by Innerwall, Inc. or its subsidiaries, and not to web sites maintained by other companies or organizations to which we link. Furthermore, from time to time Innerwall, Inc. may employ third parties who may collect personal information on the behalf of Innerwall, Inc. In such cases, such third parties will be instructed by Innerwall, Inc. to comply with the Innerwall, Inc. Web Site Privacy Policy as set forth herein.Modifications To Terms Of Use
We reserve the right, at our discretion, to update or revise these Terms of Use at any time. We will post such changes on Innerwall.com, and these additional or revised terms will become part of the agreement. Please check this Terms of Use document periodically for changes. Your continued use of any of the Innerwall, Inc. web sites constitutes your binding acceptance of these Terms of Use, including any changes or modifications made by Innerwall, Inc. as permitted above.Website Content
This web site has been prepared solely to provide information on products and services offered by Innerwall, Inc. and other affiliated companies. Although the web sites have been compiled in good faith, no representation is made as to the completeness or accuracy of the information they contain. The information contained on the Innerwall, Inc. web sites may be incomplete, contain errors, or become out of date at any time. Innerwall, Inc. makes no commitment and expressly disclaims any duty to update any of the content on their web sites. Innerwall, Inc. reserves the right to add, modify, or delete any information on their web sites at any time.Accessing Our Web Sites
In order to access the Innerwall, Inc. web sites, you must have access to the World Wide Web provided by an Internet Service Provider ("ISP") of your choosing and you must pay any applicable fees for such access. Innerwall, Inc. shall have no responsibility for the bandwidth of your connectivity or the operational speed of the ISP you have selected.Your Registration Responsibilities
When registering for interactive activities at a Innerwall, Inc. web site, you agree to (a) provide true, accurate, current, and complete information as prompted by the account registration form and (b) to maintain and update this registration information to keep it true, accurate, current, and complete. Innerwall, Inc. reserves the right to terminate your access to the login areas of our site in the event you provide registration information that is false, inaccurate, not current, or incomplete.Innerwall, Inc. use of your registration information is governed by our privacy policy. Our privacy policy makes specific provisions for those visitors who are under 13 years of age. Please review the Innerwall, Inc. Privacy Policy for further information.
Restrictions On Use
You agree to abide by all applicable local, state, national, and international laws and regulations in using any Innerwall, Inc. web site. You agree to not: (a) use a Innerwall, Inc. web site for illegal purposes; (b) use a Innerwall, Inc. web site in any manner that violates the rights of a third party, including without limitation intellectual property rights; (c) use a Innerwall, Inc. web site to post or otherwise communicate material that is unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, pornographic, obscene, indecent, or otherwise objectionable, or to post any links to any external Internet web sites that are obscene or pornographic or to post or otherwise communicate commercial advertisements, chain letters, pyramid schemes, encoded binary files, job offers or listings, or personal ads; (d) use a Innerwall, Inc. web site to provide materials that contain viruses or other contaminating or destructive features; (e) cheat in any form with respect to online games.
Agreement To Rules Of User Conduct
Innerwall, Inc. is not responsible for reviewing or authorizing content and materials freely posted in publicly accessible, interactive areas of any Innerwall, Inc. web site, such as Chat, Message Boards, and Profiles. Acceptance of Innerwall, Inc.'s Terms of Use constitutes your agreement to abide by any Rules of Conduct posted in such areas, as well as the restrictions and responsibilities outlined in this document. You agree to take full responsibility and liability for the accuracy and appropriateness of your posted content, and any consequences that may arise from posting in public areas of any Innerwall, Inc. web site.Innerwall, Inc. reserves the right to delete, move, or edit any posted content that it may determine, in its sole discretion, violates these Terms of Use or is otherwise unacceptable. You agree that by using any Innerwall, Inc. web site, you grant Innerwall, Inc. the right to convert, copy, display, edit, and distribute posted content. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentences.
Innerwall, Inc. will not be held liable for damages of any kind arising from the use of the public posting areas of this web site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
External Links To Third-Party Sites
The Innerwall, Inc. web sites contains links to other World Wide Web Internet sites. Innerwall, Inc. is not responsible for the availability of these outside resources or their contents. The inclusion of such a link does not imply endorsement of the site or its contents or any association with its operators. Innerwall, Inc. is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall Innerwall, Inc. be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available on such sites. Any concerns regarding any third-party web site should be directed to its respective site administrator or webmaster.Indemnification
Your use of any Innerwall, Inc. web site constitutes your agreement to defend, indemnify, and hold harmless Innerwall, Inc., and the employees, contractors, officers, and directors of Innerwall, Inc. and its affiliated companies, from any claim or demand, including reasonable attorneys' fees, arising out of your use or misuse of any Innerwall, Inc. web site or the use or misuse of any Innerwall, Inc. web site by a third party using your password.
Termination
These Terms of Use are effective until terminated. You agree that Innerwall, Inc. may terminate your login access to any Innerwall, Inc. web site, including your user name and password, at any time for any reason without prior notice of liability. Innerwall, Inc. may change, suspend, or discontinue all or any aspect of any Innerwall, Inc. web site at any time, including the availability of any feature, without prior notice or liability.Disclaimers And Limitations On Liability
INNERWALL, INC. PROVIDES ALL INNERWALL, INC. WEB SITES "AS IS" AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AS TO THE INFORMATION, CONTENT, OR OTHER MATERIALS MADE AVAILABLE USING ANY INNERWALL, INC. WEB SITE OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF ANY INNERWALL, INC. WEB SITE.YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT, AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING ANY INNERWALL, INC. WEB SITE. INNERWALL, INC. SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN ANY INNERWALL, INC. WEB SITE, OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL INNERWALL, INC. BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT THE MAXIMUM LIABILITY OF INNERWALL, INC. IN CONNECTION WITH OR ARISING FROM ANY USE OF ANY INNERWALL, INC. WEB SITE SHALL BE LIMITED TO $200 IN THE AGGREGATE PER USER.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF INNERWALL, INC. SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Copyright And Trademark Notice
Copyright © 1997-2005 Innerwall, Inc. All rights reserved. Innerwall, and Enclave, are either common law trademarks or pending registered trademarks of Innerwall, Inc.The use of any Innerwall, Inc. trademark or service mark without express written consent is strictly prohibited.
Intellectual Property
You acknowledge and agree that all content, design elements, and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or for any means without Innerwall, Inc.'s prior written permission. Furthermore, you agree to not sell, license, rent, or create derivative works from such materials or content. Systematic retrieval of content from this site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Innerwall, Inc. is strictly prohibited.All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
Except as provided below, Innerwall, Inc. and its licensors retain all right, title, and interest in and to all Innerwall, Inc. web sites ("Innerwall, Inc. Intellectual Property") You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the Innerwall, Inc. Intellectual Property, in whole or in part, except as expressly permitted in these Terms of Use or with the prior written consent of Innerwall, Inc. You agree to use all Innerwall, Inc. web sites only in accordance with these Terms of Use. You agree not to disassemble, decompile or reverse-engineer any software or other component of the Innerwall, Inc. web sites.
Please be advised that any information uploaded by visitors to any Innerwall, Inc. web site, including but not limited to player rankings, chat and message board postings, and profile information, become the property of Innerwall, Inc. Innerwall, Inc. reserves the right to display, modify, distribute, reproduce, use for promotional purposes, or delete any of this information at any time and for any reason without notice.
Jurisdiction And Legal Notices
These Terms of Use are governed by and construed in accordance with the laws of the State of Colorado, excluding conflict of interest laws. You agree to submit to the personal jurisdiction of the courts of the State of Colorado for any cause of action arising out of or relating to the Innerwall, Inc. web sites or these Terms of Use. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Innerwall, Inc. may assign its rights under this Agreement without notice to you. You agree that any cause of action arising out of or relating to the Innerwall, Inc. web sites must commence within one (1) year after the cause of action arose.Questions And Contact Information
If you have any questions about the Innerwall, Inc. Web Site Terms Of Use, please contact us by Email or at the following address:Innerwall, Inc.
2060 Briargate Parkway
Suite 339
Colorado Springs, CO 80920
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Copyright 2005 © Innerwall, Inc. All Rights Reserved.
Terms of Use | Privacy Policy