Effective August 28, 2004
Copyright. All Content is the copyrighted property of ipHouse or its content suppliers.
All comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered through use of this Site or in response to solicitations in this Site or other ipHouse sites (collectively, the "Disclosures") shall become the property of ipHouse. ipHouse is entitled to (and may grant to others) unrestricted use of the Disclosures for any purpose whatsoever, commercial or otherwise, without compensation to you. ipHouse has no obligation to keep any Disclosure confidential.
Trademarks. "ipHouse" and "ipHouse.com" are trademarks of ipHouse. All other marks, names, and logos mentioned on the ipHouse site are the property of their respective owners. Without prior written consent, your use of the ipHouse trademarks and other marks, names and logos set forth on the Site is strictly prohibited.
License. ipHouse hereby grants you a limited, nonexclusive, non-transferable personal license to use the Site and the Content for personal use only. You may print, download and store the Content for non-commercial, personal use only, provided that you do not modify or remove any copyright or other proprietary notices contained on the Content. This license is conditioned on your compliance with the terms and conditions in this Agreement.
Restrictions. Except as expressly authorized herein, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post the Content for any purpose, in whole or in part. All rights not expressly granted herein are reserved to ipHouse.
Right to Injunction. You acknowledge and agree that any use of the Site or the Content in any unauthorized manner or other violation of ipHouse's proprietary rights will damage ipHouse in an amount that is difficult or impossible to measure and that ipHouse is entitled, as a non-exclusive remedy, to an injunction prohibiting such continued unauthorized use, an accounting and disgorgement of any profits you receive from such use, and other equitable relief without posting of security.
You agree that: (a) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from ipHouse for any purpose; (b) you will not disseminate or transmit any unsolicited commercial e-mail messages (SPAM), chain letters, bots, spiders, crawlers, or other repetitive information collection or distribution devices (and you will use reasonable efforts to prevent others from doing the same); (c) you will not export, download or transmit any message or content in violation of any law; (d) you will not take any action which may harm or negatively impact the Site or its availability; (e) you will not attempt to discover, use, copy or modify the information or materials of others or in any way violate their privacy or security; (f) you will not post to the Site any illegal or otherwise inappropriate material, including but not limited to, pornographic, obscene or offensive text, graphics or images or any virus, time bomb, Trojan horse, or other like material; and (g) you shall not use the Site or the Content in any manner that is patently offensive, including but not limited to posting information or material that includes pornography, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, that could be harmful to minors, or that harasses or advocates harassment of another person or entity.
DISCLAIMER OF WARRANTIES
THE SITE AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IPHOUSE DOES NOT WARRANT THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. IPHOUSE ALSO DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IPHOUSE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SITE, THE CONTENT, AND ANY OTHER INFORMATION, MATERIAL, PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE SITE, OR YOUR USE OF THE SAME, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
LIMITATION OF LIABILITIES
USE OF THIS SITE AND THE CONTENT IS AT YOUR SOLE RISK. YOU AGREE THAT IPHOUSE SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND, INCLUDING, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, THE CONTENT, ANY OTHER INFORMATION, MATERIALS, PRODUCTS, OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE SITE, YOUR USE OF OR INABILITY TO USE THE SAME, OR OTHERWISE IN CONNECTION WITH THE SITE OR CONTENT, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER IPHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless ipHouse, its affiliates, and their officers, directors, agents, employees and contractors from and against any and all liabilities, obligations, claims, damages, costs and expenses, including reasonable attorneys' fees, arising out of or related in any way to your use of the Site or the Content, violation of this Agreement, violation of any law or infringement of any third party right or property.
Our Policy Concerning Children. ipHouse's services are not intended for use by children, and ipHouse does not knowingly collect any personally identifiable information from children. If you are under 13, you may not submit or post any information or material on the Site or otherwise provide such information to ipHouse, including but not limited to personally identifiable information.
You are solely responsible for any Disclosures you make, including but not limited to, posts to Site discussion boards, newsgroups or forums and all other content or submissions you provide to the Site.
- You may not post any messages misrepresenting yourself or using a false e-mail address. In all forums, you must post under your own username.
- You may not submit anything to which you do not have full rights, including the right to grant rights and ownership in the submission to ipHouse as described above. You acknowledge that any submitted materials belong to ipHouse.
- ipHouse does not endorse and is not responsible for any postings, which are the sole responsibility of the author. You rely on such information at your own risk.
- We may remove any submission in our sole discretion for any reason. If ipHouse deems, in its sole discretion, that you have engaged in abuse or other misconduct, ipHouse may take whatever action it deems appropriate, including the termination of access privileges and legal action.
HYPERLINKS TO IPHOUSE WEB PAGES
If you provide a link to any part of the Site or Content, such links must be to an entire page of the Site, and may not present the Site or any Content within a frame or otherwise disguise the ownership and source of the page.
Links to ipHouse Web pages may only be in text format, and may not use marks, logos, photos, or other images without express written permission of ipHouse.
Any links to an ipHouse page must not contain any representations or warranty with respect to ipHouse, the Site, or the Content. All links to ipHouse sites are made at the webmaster's own risk and are used at the sole risk of the user. All links must disclaim any association or endorsement between you and ipHouse. ipHouse reserves the right to change its site structure and filenames, which may result in broken links from external sites.
Any links to sites operated by other entities ("Linked Sites") are provided as a courtesy only and ipHouse makes no representations or warranties regarding such Linked Sites or their content. ipHouse does not endorse any such Linked Sites or organizations affiliated with such sites. If you use any Linked Site, you do so at your own risk, including risk of and viruses, damage to your computer, business, or other bad Content. Linked Sites are not controlled by or otherwise managed by ipHouse. ipHouse may discontinue any link to the Linked Site at any time without notice.
REQUESTS FOR PERMISSION
Comments, suggestions, or requests relating to this Agreement, including requests for permission to use ipHouse Content in any form, should be directed to:
Web TUA c/o
331 Second Avenue South
Minneapolis, MN 55401
HOW TO MAKE A CLAIM OF COPYRIGHT INFRINGEMENT
Notification of Claimed Copyright Infringement
If you believe that a Web page hosted by ipHouse is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with ipHouse's designated agent below. You must provide the following information when providing notice of the claimed copyright infringement:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit ipHouse to locate the material;
- Information reasonably sufficient to permit ipHouse to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counternotification to Claimed Copyright Infringement
If a notice of copyright infringement has been filed against you, you may file a counternotification with ipHouse's designated agent at the address listed below. Such counternotification must contain the following information:
- Physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the materials removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which the address is located, and that you will accept service of process from the complainant or its agent.
Designated Agent. Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, ipHouse designates an agent as described below, to receive notifications of claimed infringement:
331 Second Avenue South
Minneapolis, MN 55401
Doing Business As:
Bil MacLeslie, Chief Executive Officer
331 Second Avenue South
Minneapolis, MN 55401
E-mail: call for e-mail
Entire Agreement. This Agreement constitutes the entire Agreement between ipHouse and you with respect to the Site and the Content and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ipHouse with respect to the same. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default or any waiver of any breach or default other than that expressly waived in writing.
Modifications to Agreement. ipHouse reserves the right to modify or restate any of the terms of this Agreement at any time by posting such modification or restatement on the Site. The version of this Agreement available on the Site at the time you visit the Site or download, print or otherwise use the Content shall apply to such visit or use, whether or not you have actually returned to this Agreement to review any modifications.
Electronic Communications and Electronic Signatures. You agree to be legally bound by any affirmation, assent or agreement you electronically transmit through the Site and that such affirmation, assent, or agreement will be legally binding, enforceable, and the legal equivalent of your handwritten signature.
Choice of Law. This Agreement will in all respects be governed by, interpreted, and enforced in accordance with the laws of the state of Minnesota without regard to its choice of laws principles. You agree that any dispute regarding this Agreement or your use of the Site or its Content will be venued in a state or federal court situated within the State of Minnesota, and you irrevocably submit to the personal jurisdiction of such courts for such purpose.