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Terms of Service Agreement
Welcome. Thank you for visiting the Indy Indiana web site. As is true for
many other web sites, this web site has rules that apply to your use of
this site and any services available through this site. Those rules,
referred to as "terms of service," are set forth in this Terms of Service
Agreement. By using this Site, you are agreeing to comply with and be
bound by the following terms of service. Please review them carefully. If
you do not agree with any of these terms of use, please do not use
IndyIndiana.com.
Who Ownership
This Site is owned, developed and maintained by Innovative Net Marketing,
an internet marketing group based in Indianapolis, Indiana.
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Right to Change the Site
We may discontinue, edit, delete or change any aspect of the site,
including, but not limited to: restricting availability times,
restricting compatibility with certain computer software or hardware,
restricting amounts of use permitted, and restricting, suspending or
terminating any user's right to use the site, at our sole discretion and
without prior notice or liability.
Entire Agreement
You agree that this Terms of Service Agreement constitutes the entire
agreement between you and Indy Indiana with respect to your use of the
site, and supersedes all previous and contemporaneous agreements,
representations, warranties and understandings, written or oral, between
us and you with respect to the site. Indy Indiana may post certain
additional terms or conditions in close proximity to a particular portion
of the site, which shall also apply to your use of that portion of the
site. Indy Indiana may amend this Agreement at any time from time to time
without specific notice to you. The latest Agreement will be posted on the
site, and you should periodically check this Agreement for changes. Your
continued use of the site shall be deemed your acceptance of any such
changes.
Trademarks
Indy Indiana, the Indy Indiana logo, and other names for Indy Indiana
products and services are trademarks/service marks of the Indy Indiana web
site. Other product and company names mentioned on the site may be
trademarks/service marks of their respective owners.
Copyrights
The content organization, graphics, design, compilation and other
materials on or related to the site are protected under applicable
copyright, trademark and other proprietary and intellectual property
rights. The copying, redistribution, use or publication by you of any such
materials or any part of the site is strictly prohibited.
Prohibited Behavior
You are prohibited from using the site in any way to do any of the
following:
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restrict or inhibit any other user from using and enjoying the Site;
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post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane, or indecent
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any local,
state, national or international law; |
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post or transmit comments containing harassing or offensive
language, including sexual references, sexual nicknames, racial slurs or
rude or deliberately offensive comments or engage in disruptive
activities online, including excessive use of scripts, sound waves,
scrolling (repeating the same message over and over), or use viruses,
bots, worms, or trojan horses; |
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access another person's or entity's materials, information, or files
without the permission of that person or entity; |
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post or transmit any information, software or other material which
violates or infringes the rights of others, including material which is
an invasion of privacy or publicity rights or which is protected by
copyright, trademark, or other proprietary right without first obtaining
permission from the owner or right holder; |
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post or transmit any information, software, or other material which
contains a virus or other harmful component; |
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post or transmit content that encourages or provides instructional
activities about illegal activities, such as hacking; |
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post, transmit, or in any way exploit any information, software, or
other material for advertising or commercial purposes; |
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solicit other users to join, become members of, or contribute money
to any online service or other organization, advocate or attempt to get
users to join in legal or illegal schemes or plan or participate in
scams involving other users; |
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impersonate any person or entity or falsely state or otherwise
misrepresent your professional or other affiliation with any person or
entity; |
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use the Site to collect personally identifying information about
users of the Site in violation of Indy Indiana's Privacy Policy; or
perform any activities that Indy Indiana determines (in its sole
discretion) may be harmful to Indy Indiana, the site, or other users of
the site. |
No Unlawful Purposes
You agree that you will not use Indy Indiana or any information or services
related thereto for any unlawful purpose. Indy Indiana, at its sole and
absolute discretion, shall determine whether any use violates this
provision.
Monitoring
You understand that Indy Indiana has no obligation to monitor the Site.
However, we reserve the right at all times to disclose any information as
necessary to satisfy any law, regulation or governmental request, or to
refuse to post or to remove any information or materials, in whole or in
part, that in Indy Indiana's sole and absolute discretion are objectionable
or in violation of this Agreement. You acknowledge that we reserve the
right to, and may from time to time, monitor any and all information
transmitted or received through the site, for operational and other
purposes, subject to Indy Indiana's Privacy Policy. During monitoring,
information may be examined, recorded, copied, and used for authorized
purposes in accordance with our Privacy Policy. Use of the site
constitutes consent to such monitoring.
Submissions
Indy Indiana is pleased to hear from users and welcomes your comments
regarding our services. If you submit any original creative ideas,
suggestions, notes, concepts, or materials to Indy Indiana ("Submissions"),
they shall be deemed, and shall remain, the property of Indy Indiana, and
shall otherwise be subject to the provisions of the Trademarks section
above. None of the Submissions shall be subject to any obligation of
confidence on the part of Indy Indiana, and we shall not be liable for any
use or disclosure of any Submissions. Without limitation of the foregoing,
we shall exclusively own all now known or hereafter existing worldwide
rights to the Submissions of every kind and nature and shall be entitled
to unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of the
Submissions.
Third Party Sites
Indy Indiana provides links to web sites maintained by third parties
("Third Party Sites") and may from time to time provide third party items
or materials on this site. Any mention on this site of products or
services provided by third parties is for informational purposes only and
constitutes neither an endorsement nor a recommendation by Indy Indiana.
Indy Indiana assumes no responsibility for those products or services. Your
dealings with any third parties mentioned on or found through this Site
are solely between you and such third party, and are subject to any terms,
conditions, warranties or representations associated with such dealings.
You agree that use of Third Party Sites is AT YOUR SOLE RISK AND IS
WITHOUT WARRANTIES OF ANY KIND BY Indy Indiana, EXPRESSED OR IMPLIED,
INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS
Indy Indiana LIABLE FOR ANY DAMAGES ARISING FROM TRANSACTIONS BETWEEN YOU
AND THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES OR
ANY OTHER SITE LINKED TO THE SITE.
Indemnification
You agree to defend, indemnify, and hold harmless Indy Indiana, employees
and agents from and against any and all claims, actions, suits or
proceedings, as well as any and all losses, liabilities, damages, costs
and expenses (including reasonable attorneys fees) arising out of or
related to (a) any material posted or otherwise provided by you that
infringes any copyright, trademark, trade secret, patent or other
intellectual property right of any person or defames any person or
violates their rights of publicity or privacy, (b) any misrepresentation
made by you in connection with your use of the site; (c) any violation by
you of this Agreement; and (d) any claims brought by other persons or
entities arising from or related to your use of the site, including
information obtained through the site.
Minors
If you have agreed to allow your minor child, or a child for whom you are
legal guardian (a "Minor"), to use the site, you agree that you shall be
solely responsible for: (a) the online conduct of such Minor; (b)
monitoring such Minor's access to and use of the Site; and (c) the
consequences of any use of the site by such Minor.
Miscellaneous
This Agreement shall be treated as though it were executed and performed
in Indianapolis, Indiana, and shall be governed by and construed in
accordance with the laws of the State of Indiana (without regard to
conflict of law principles). Any cause of action by you with respect to
the Site (and/or any information, products or services related thereto)
must be instituted within one (1) year after the cause of action arose or
be barred. The language in this Agreement shall be interpreted as to its
fair meaning and not strictly for or against either party. All legal
proceedings arising out of or in connection with this Agreement shall be
brought solely in Marion County, Indiana. You expressly submit to the
exclusive jurisdiction and venue of said courts and consent to
extra-territorial service of process. Should any part of this Agreement be
held invalid or unenforceable, that portion shall be construed consistent
with the applicable law and the remaining portions shall remain in full
force and effect. To the extent that anything in or associated with the
Site is in conflict or inconsistent with this Agreement, this Agreement
shall take precedence. Indy Indiana's delay or failure to enforce any
provision of this Agreement shall not be deemed a waiver of such provision
nor of the right to enforce such provision. No waiver by either party of
any breach or default hereunder shall be deemed a waiver of any subsequent
breach or default. The titles and subtitles used in this Agreement are
used for convenience only and are not to be considered in construing or
interpreting this Agreement. |
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