Last Updated: Oct 1, 2008
When You visit the Site or send emails to Us, You communicate with Us electronically and consent to receive communications from Us electronically. We may communicate with You by: (a) email to Your email address indicated in Your communications with Us, (b) posting general notices on the Site, or (c) posting messages that are displayed to You when You log in to or access the Site. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
Unless otherwise indicated, the Site and all content and other materials on the Site, including, but not limited to, Our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the "Materials") are Our property or that of Our licensors or users and are protected by United States and international copyright laws.
d) use of data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of the Site, the Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Materials other than for their intended purposes.
In accordance with the United States Digital Millennium Copyright Act and other applicable law, We have adopted a policy of limiting Your access to the Site, at Our sole discretion, if You infringe any of Our intellectual property rights or those of others (including, but not limited to, Our Affiliates), whether or not there is any repeat infringement.
We respect the intellectual property rights of others. If You believe that any material on the Site infringes upon any copyright that You own or control, or that any link on the Site directs users to another Website that contains material that infringes upon any copyright that You own or control, You may file a notification of such infringement with Our designated agent is available on request.
iKenex, the iKenex logo, and all other of Our products or service names, logos or slogans contained in the Site are Our trademarks and may not be copied, imitated or used, in whole or in part, without Our prior written consent. You may not use any metatags or any other "hidden text" utilizing "iKenex" or any other of Our names, trademarks or products or service names, without Our prior written consent. In addition, the look and feel of the Site, including, but not limited to, all page headers, custom graphics, button icons and scripts, is Our service mark, trademark and/or trade dress and may not be copied, imitated or used, in whole or in part, without Our prior written consent. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us.
You are granted a limited, nonexclusive right to create a text hyperlink to the Site; provided such link does not portray Us or any of Our products or services in a false, misleading, derogatory or otherwise defamatory manner; and provided, further, that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. This limited right may be revoked at any time by Us. You may not use a iKenex logo or any other of Our proprietary graphics to link to the Site without Our prior written consent. Further, You may not use, frame or utilize framing techniques to enclose any iKenex trademark, logo or any other of Our proprietary information, including, but not limited to, the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Our prior written consent. Except as noted above, You are not conveyed any right or license by implication, estoppel or otherwise in or under any of Our patent, trademark, copyright or proprietary rights or those of any third party.
We may host or provide links to products, Web pages, Websites and other content of third parties ("Third Party Sites and Content"). The inclusion of any link or the hosting of any content is provided solely as a convenience to Our users, including You, and does not imply affiliation, endorsement, approval, control or adoption by Us of any Website or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for such Third Party Sites and Content, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including You, may use these links and the Third Party Sites and Content contained therein at their own risk. When You leave the Site, You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Website to which You navigate from the Site.
We may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of Our advertisers and any terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisers on the Site.
The Site includes (or may include in future) content hosting and storage services, discussion forums or other interactive areas or services, including, but not limited to, galleries, forums, chat rooms, blogs (including, but not limited to, The iKenex Blog), message boards, or other areas or services in which You or third parties create, post or store content, messages, materials or other items on the Site (collectively, "Interactive Areas"). You are solely responsible for Your use of and access to the Interactive Areas and You will use the Interactive Areas at Your own risk.
By using any Interactive Areas, You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Any photograph, video, message, data, information, text, music, sound, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including, but not limited to, any Content containing nudity that would be unacceptable in a public museum where minors visit;
b. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of Us or others (including, but not limited to, Our Affiliates), endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
c. Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other right of Us or others (including, but not limited to, Our Affiliates). By posting any Content, You represent and warrant that You have the lawful right to use, display, distribute, and reproduce such Content;
d. Content that impersonates any person or entity or otherwise misrepresents Your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising or solicitations;
f. Private information of Us or others (including, but not limited to, Our Affiliates), including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. Content that, in Our sole judgment, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Us or Our users to any harm or liability of any nature.
You understand and acknowledge that any Content contained in public postings, including, but not limited to, any portions of the Site that may be designated as private, will be accessible to the public and could be accessed, indexed, archived, linked to and republished by others, including, but not limited to, appearing on other Websites and in search engine results. Therefore, You should be careful about the nature of the Content You post. We will not be responsible or liable for any third party access to or use of the Content You post. You represent and warrant that:
By posting any Content on the Site, You grant Us a perpetual, nonexclusive, royalty-free right to use, publish, distribute, reproduce, perform, adapt and display such Content on the Site, including, but not limited to, the right to use the name that is submitted in connection with such Content. You further understand and agree that, in order to help ensure smooth operation of the Site, We may keep backup copies of such Content indefinitely. Notwithstanding the foregoing, You acknowledge and agree that any materials, including, but not limited to, questions, comments, suggestions, feedback, ideas, plans, creative materials or other information or work of authorship, provided by You ("Contributions") in the form of email or other submissions to Us or otherwise posted on the Site will become Our sole property. We will own worldwide and exclusive rights, including, but not limited to, all intellectual property rights embodied therein, and will be entitled to the unrestricted use and dissemination of such Contributions for any purpose, commercial or otherwise, without acknowledgment or compensation or reimbursement of any kind to You. By making such Contributions, You acknowledge and agree that: (a) Your Contributions do not contain confidential or proprietary information; (b) We are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) We will be entitled to use or disclose (or choose not to use or disclose) any Contributions for any purpose, in any way, in any media worldwide; (d) We may have something similar to the Contributions already under consideration or in development; (e) Your Contributions automatically become Our property without Our obligation to You; and (f) We may, but are not obligated to, review or monitor areas on the Site where users may transmit or post communications. YOU MUST SUBMIT ALL CONTRIBUTIONS TO US BY USING THE SUBMISSIONS FORM. OTHER FORMS OF SUBMISSION OF YOUR CONTRIBUTIONS WILL NOT BE ACCEPTED.
THE SITE, THE MATERIALS, THE PRODUCTS, AND THE CONTENT AND OTHER INFORMATION AVAILABLE ON THE SITE (INCLUDING, BUT NOT LIMITED TO, IN THE iKenex BLOG) ARE PROVIDED TO YOU ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND - WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE. WE EXPRESSLY DISCLAIM, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE
WE DO NOT REPRESENT OR WARRANT THAT THE MATERIALS, THE PRODUCTS, OR THE CONTENT AND OTHER INFORMATION AVAILABLE ON THE SITE (INCLUDING, BUT NOT LIMITED TO, IN THE iKenex BLOG) IS ACCURATE, COMPLETE, RELIABLE, CURRENT, FREE OF DEFECT, STABLE OR ERROR-FREE OR THAT THE SITE, ITS WEB SERVERS OR EMAIL SENT BY US OR FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WE ALSO MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS - WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USE - REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE, THE MATERIALS, THE PRODUCTS OR THE CONTENT AND OTHER INFORMATION AVAILABLE ON THE SITE (INCLUDING, BUT NOT LIMITED TO, IN THE iKenex BLOG).
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The foregoing warranties and remedies are EXCLUSIVE and You waive and release all other warranties, obligations, and liabilities of Us and all other remedies, claims, and rights that You may have relating in any way to the Site, the Materials, the Products and the Content, whether arising from contract, warranty, strict liability or tort or from Our negligence, tort or other fault, including, but not limited to, claims for loss of or damage to the Products.