Terms of Service

Last Updated: Oct 1, 2008

Welcome

WELCOME TO IKENEX.COM (THE "SITE"), WHICH IS OWNED AND OPERATED BY DOAPP, INC. ("WE," "US" OR "OUR"). PLEASE READ THESE TERMS AND CONDITIONS OF USE (THESE "TERMS OF USE") CAREFULLY. BY ACCESSING OR USING THE SITE, BY USING ANY INTERACTIVE AREAS OF THE SITE (DEFINED BELOW), OR BY PURCHASING ANY PRODUCTS DEVELOPED BY US OR LISTED ON THE SITE ("PRODUCTS"), YOU ("YOU" or "YOUR") AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT USE THE SITE OR ANY OF THE INTERACTIVE AREAS (DEFINED BELOW) AND DO NOT PURCHASE ANY PRODUCTS. WE SUGGEST YOU PRINT A COPY OF THESE TERMS OF USE FOR YOUR RECORDS. NOTHING IN THESE TERMS OF USE WILL BE CONSTRUED TO CONFER ANY RIGHTS OR BENEFITS TO THIRD PARTIES.

These Terms of Use apply to Your access to, and use of, the Site, Your use of the Interactive Areas (defined below), and Your purchase of the Products. However, these Terms of Use do not alter in any way the terms or conditions of any other agreement You may have with Us, or Our subsidiaries or affiliates ("Affiliates"), for products, services or otherwise. Your use of the Site and the Interactive Areas (defined below) and Your purchase the Products are subject to, and expressly conditioned upon Your agreement to, these Terms of Use. If You are using the Site or the Interactive Areas (defined below) or are purchasing the Products on behalf of any entity, You represent and warrant that You are authorized to accept these Terms of Use on such entity's behalf, and that such entity will be responsible for and indemnify Us for violations of these Terms of Use.

Update to Terms of Use

By using the Site, You are agreeing to the collection, use, and disclosure of Your personal information as described in this Online Privacy Policy. If You do not consent to the collection, use, and disclosure of Your personal information as described in this Online Privacy Policy, You may not use the Site. If You have any questions or concerns regarding this Online Privacy Policy or Our privacy practices, please email Us at privacy@ikenex.com.

Privacy Policy

We believe strongly in user privacy. Please refer to the Site's Privacy Policy ("Privacy Policy") for information on how We collect, use and disclose personal information from users of the Site. Your use of the Site signifies Your acknowledgment of, and agreement to, the Privacy Policy. If You are a resident of any country outside the United States, including, but not limited to, any country within the European Union, You understand and agree that We store and process Your personal information on computers located in the United States, and that by providing any information to Us, You consent to the transfer of such information to the United States.

Electronic Communications

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.

Copyright and Limited License

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.

We grant You a limited, non-sublicensable license to access and make use of the Site and to print to hard copy informational portions of the Site, solely in accordance with, and subject to, the terms set forth in these Terms of Use (including any applicable Additional Terms) and any other agreement You may enter into with Us. Such license does not include: (a) the collection, use, copying or distribution of any portion of the Site or the Materials; (b) any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Materials; (c) modifying or otherwise making any derivative uses of the Site or the Materials, or any portion thereof;
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.

Any use of the Site or of any Materials not owned by You, other than as specifically authorized herein, without Our prior written consent, is strictly prohibited and will terminate the license granted herein and constitute a breach of the license granted herein. Such unauthorized use may also violate applicable laws, including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by Us at any time.

Repeat Infringer Policy

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.

Copyright Complaints

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.

Trademarks

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.

Hyperlinks

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.

Third Party Sites and Content

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.

Advertisements and Promotions

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.

Interactive Services or Areas

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.

Although We prohibit certain activities in these Terms of Use, We do not control and take no responsibility or liability for any Content posted, stored or uploaded by You or any third party, or for any loss or damage thereto, nor are We liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter by use of the Site, including the Interactive Areas. Your use of the Site and the Interactive Areas is at Your own risk. As a provider of interactive services, We are not liable for any statements, representations or Content provided by Our users in any public gallery, forum, personal home page or other Interactive Area. We have no obligation to screen, edit or monitor any Content posted in any Interactive Areas.

Judgments as to the acceptability of Content are at Our sole discretion, and We reserve the right, and have absolute discretion, to remove, screen or edit the Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any Content You post or store on the Site at Your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of Your rights to use the Interactive Areas and/or the Site.

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:
(a) You own or otherwise control all of the rights to the Content that You post, or You otherwise have the right to post such Content to the Site and to grant the rights granted herein; (b) the Content You supply is accurate and not misleading; and (c) use and posting of the Content You supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

Submissions

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.

DISCLAIMER OF WARRANTIES

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).

LIMITATION OF LIABILITY

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL WE, OUR AFFILIATES, LICENSORS, OR OUR OR THEIR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY lost profits, lost revenue, lost data, interruption of business, or other INDIRECT, INCIDENTAL, special, exemplary, punitive OR CONSEQUENTIAL DAMAGES oF any kind arising out of these terms of use, or YOUR use or inability to use the site, the materials, the products, the content OR OTHER INFORMATION CONTAINED IN OR ACCESSED THROUGH THE SITE, even if we have been advised of the possibility of such loss or damages and whether or not such loss or damages are foreseeable. our affiliates and licensors will not be liable to you for any direct damages. in no event will our liability UNDER THESE TERMS OF USE exceed the amounts received by us from you for ACCESS TO OR USE OF THE SITE, the materials, the products AND/or the CONTENT at issue. the existence of one or more claims will not enlarge this limit

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.

Disclaimer of Tort Liability

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.

Indemnification

You agree to indemnify and hold Us, Our Affiliates, and their respective independent contractors, service providers, consultants, directors, officers, employees and agents (collectively, the "Indemnified Parties") harmless from and against any actual or threatened suit, demand or claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or relating to: (a) Your use of the Site, the Materials, the Products or the Content (including, but not limited to, Your use, installation or service of the Materials, the Products or the Content); (ii) Your conduct; (c) Your failure to perform Your obligations under these Terms of Use (including, but not limited to, Your violation of these Terms of Use); and/or (d) Your violation of the rights of any third party.

Applicable Law

Your use of the Site is subject to all applicable local, state, national and international laws and regulations. These Terms of Use and Your use of the Site will be governed by and construed in accordance with the laws of the State of Minnesota applicable to agreements made and to be entirely performed within the State of Minnesota, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use will be filed only in the state and federal courts located in Hennepin County, Minnesota. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use. The application of the United Nations Convention on Contracts for the International Sale of Goods to any sale of the Products is expressly excluded.

Assignment

You will not assign any of Your rights and obligations under these Terms of Use without Our prior written consent. Nothing in these Terms of Use will restrict or limit any assignment by Us of Our rights or obligations herein to third parties, including, but not limited to, Our Affiliates.

Severability

If any provision of these Terms of Use is found to be void or unenforceable, then the remainder will have full force and effect, and the invalid provision will be partially enforced to the maximum extent permitted by law to effectuate the purpose of these Terms of Use.


myPortal  |   Blog  |   Mobile  |   Web Site  |   Twitter