IA Social Media

LEGAL TERMS OF USE

Introduction

The following terms of use (“TOU”) form a legal agreement between you and IA Social Media, LLC, a Colorado Limited Liability Company, and its affiliates (“IA”). By accessing, browsing and/or using this Website, www.iasocialmedia.com or other websites operated by IA or its affiliates on which this TOU is posted or the Content on such sites (Collectively, the “Website”), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. IA makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you do not agree to these terms, do not use this Website.

Terms of Use and Legal Restrictions

The content of this Website, including but not limited to the text and images herein and their arrangement, are copyrighted by IA and all rights are reserved to IA. IA hereby authorizes you to copy and display the content herein, but for your personal, non-commercial use only. Any copy you make must include the following notice: Copyright © 2003-2010 IA Social Media – All Rights Reserved. If attribution to IA is included, limited quotations from the content are hereby permitted provided that they reflect well upon IA Social Media. You may not copy or display for redistribution to third parties or for commercial purposes any portion of the Content without the prior written permission of IA. You also may not, without IA’s permission, “mirror” or “frame” any material in Content contained on this Website on any other server.

IA Logos, Trademarks & Proprietary Rights

“IA Social Media” and the IA Social Media Logo are trademarks or registered trademarks of IA. IA’s trademarks may be used publicly with permission only from IA. Fair use of IA’s trademarks in advertising and promotion of IA products requires proper acknowledgement. All other brands and names are the property of their respective owners, IA sponsors, affiliates or otherwise. This Website will contain a variety of proprietary notices and copyright information with respect to such changing content, the terms of which must be observed and followed. Nothing contained herein currently or in the future shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright (except as expressly provided above), or other proprietary rights of IA or of any third party.

No Warranty; Limitation of Liability

IA makes no representations about the suitability of the Content of this Website for any purpose. ALL CONTENT AND SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND. IA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL IA, ITS SUPPLIERS OR THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, DIRECT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, COPYING, OR DISPLAY OF THE CONTENT OR INTERACTION WITH IA SOCIAL MEDIA USING THE WEBSITE; OR (B) THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES; OR (C) THE PRODUCTS, PROMOTIONS, SERVICES OR RELATED ITEMS THAT MAY BE DELIVERED BY IA, ITS SPONSORS, AFFILIATES OR OTHER THIRD PARTIES. LIABILITY WILL BE LIMITED AND EXCLUDED EVEN IF ANY EXCLUSIVE WARRANTY FAILS OF ITS ESSENTIAL PURPOSE AND EVEN IF A DAMAGED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IA Content & Services

Although IA believes the Content to be accurate, complete, and current, IA makes no warranty as to the accuracy, completeness or currency of the Content. It is your responsibility to verify any information before relying on it. The Content of this Website may include technical inaccuracies or typographical errors. IA may from time to time make improvements or changes in the Content products, promotions, services programs (“Content”) described herein at any time without notice. Any opinions expressed herein are solely those of the creators of the material and are not the opinions of IA, its sponsors or its affiliates, or of the management of those entities.

User Submissions

Other than personally identifiable information subject to the privacy policy below, or client-specific proprietary information submitted under a separate non-disclosure agreement, any material, information or other communication you transmit or post to this Website will be considered non-confidential and non-proprietary. IA will have no obligations with respect to such submissions. IA and/or its designees will be free to copy, disclose, distribute, incorporate and otherwise use such submissions, including all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

Prohibited Postings

You are prohibited from posting or transmitting to or from this Website any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, or which violates any law. The Website is not intended for use by children under the age of eighteen.

Termination of Access

If you breach any of these terms, your authorization to use the Website automatically terminates and you must immediately destroy any Content or other downloaded or printed materials. IA also reserves the right to terminate your authorization to use any services on the Website and to delete any one or more of your related accounts, with or without cause, immediately and at any time.

No Confidentiality of Unsolicited Submissions

Personally identifiable information submitted by you is subject to IA’s Privacy Policy. All other information is deemed non-confidential and IA does not want to receive confidential or proprietary information from you through our Website. If you are an IA client and have signed an applicable non-disclosure agreement, please submit your information personally or to a private facsimile or e-mail address provided to you. Please note that any information or material sent by non-clients to IA will be deemed not to be confidential.

Third Party Websites

IA makes no representations whatsoever about any other website which you may access through this one. When you access a non-IA website, even one that may contain the IA logo, please understand that it is independent from IA, and that IA has no control over the content on that website. In addition, a link to a non-IA website does not mean that IA endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

Applicable Laws

This Website is administered by IA from its offices within the United States. IA makes no representation that materials or services at this Website are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the Content at the Website or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws.

Arbitration

You agree to submit any disputes regarding this TOU, the Website, or IA Content, exclusively to binding arbitration by the Judicial Arbiter Group of Denver, Colorado. This Section shall not operate to limit any right to enforce, to the extent necessary, a Judicial Arbiter Group judgment in a court of law. With respect to claims not properly subject to this exclusive arbitration clause, you hereby exclusively and irrevocably submit to, and waive any objection against, the personal jurisdiction and venue of the United States District Court for the District of Colorado, and the state courts of the State of Colorado located in the County of Denver, Colorado. If IA prevails in any action to enforce its rights hereunder, you shall in addition to all other remedies, immediately reimburse IA’s attorneys’ fees, court costs and other expenses of suit, arbitration or otherwise.