Last Updated September 7, 2007
Welcome to www.interpolls.com
("Site"), which is owned and operated by Interpolls Network, Inc. ("Interpolls"). Please read the following terms and conditions of use carefully before using this Site. Your use or continued use of this Site constitutes your irrevocable agreement to be bound by these terms and conditions of use without limitation or qualification and to comply with all applicable laws and regulations regarding the use of this Site. These terms and conditions establish a legally binding agreement between you and Interpolls that limits our liability, releases and waives claims you may have otherwise had, grants us license rights in intellectual property uploaded or posted to this Site and establishes other rights and obligations that affect you.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS OF USE, YOU MUST NOT ACCESS OR USE THIS SITE.
Interpolls is concerned about the safety and privacy of all its users, particularly children. This Site, together with all widgets, products and services offered by Interpolls, are not aimed at children under the age of 13. If you are under 13 years of age, you are not permitted to use this Site or provide any information to Interpolls. If you are under 18 years of age, you may use this Site only with involvement of a parent or guardian.
By your use or continued use of this Site, you represent and warrant that the following are all true, complete and correct:
- You have all legal capacity, authority and right to agree to these terms and conditions of use and be bound by them.
- You are at least 13 years of age, and if you are less than 18 years of age, your parents or legal guardians have granted you permission to use this Site. (Please be aware that this Site may contain mature or adult content in certain areas, and you must be at least 18 years of age to access and view such areas).
- You own or otherwise control all of the rights to any information, data, reports, compilations, text, software, applications, music, sound, photographs, images, graphics, video, messages, widgets, gadgets, multimedia content or other content or materials ("Content" or "Contents") that you upload or post to this Site.
- Any and all Content that you provide to Interpolls is true, accurate, current and complete.
- Use of any and all Content that you provide does not infringe the intellectual property rights of any third party.
You agree to not use this Site or its Contents to:
- upload, post, email or otherwise transmit any Content on or via this Site, including without limitation any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- upload, post, email or otherwise transmit any Content that (a) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or (b) you have an obligation not to use or disclose under any law or under contractual or fiduciary relationships (such as material non-public information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- collect or store personal data about other users;
- upload, post, email or otherwise transmit any Content that constitutes any form of "spam" or that constitutes or encourages a criminal offense, violates the rights of any person or entity, or otherwise gives rise to liability;
- impersonate others, including an Interpolls employee, host, or representative or other users of this Site;
- upload, post, email or otherwise transmit any Content that constitutes political campaigning or mass mailings;
- solicit others to join or become members of any commercial online service or other organization;
- make any derivative use of this Site or its Contents;
- download or copy user or account information, product listings, descriptions or prices for the benefit of another company or merchant; or
- use data mining, robots, or similar data gathering and extraction tools.
Except as reasonably required to use this Site on your personal computer hardware strictly in accordance with these terms and conditions of use, copying of Interpolls' Proprietary Software (as defined below) or any portion thereof, including Proprietary Software that has been modified or incorporated into or with other software is expressly forbidden. For purposes of these terms and conditions of use, "Proprietary Software" means software, programs, object code, source code, algorithms, modules, platforms, firmware, software documentation, and other proprietary rights of Interpolls or its affiliates (as defined below) , together with all copies, updates, improvements, modifications and new releases thereof, in whatever stage of completion and whether or not embedded in Rich Media Widgets™ or Rich Media Gadgets™ or incorporated into or with other software. For purposes of these terms and conditions of use, the term "affiliate" means any entity or person, directly or indirectly, owning a controlling interest in, controlled by, or under common ownership with Interpolls.
You must not (and must not enable others) to (i) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms or file formats or programming or interoperability interfaces of the Proprietary Software or of any files contained in or generated using the Proprietary Software by any means whatsoever, (ii) remove any product or service identification, copyright or other notices, (iii) modify, incorporate into or with other software or create a derivative work of any part of the Proprietary Software, or (iv) disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Proprietary Software.
You may not frame or use framing techniques to enclose any trademark, service mark, logo, or other proprietary Content (including, without limitation, images, text, page layout, or form) of Interpolls or others and you may not use any metatags or any other "hidden text" using Interpolls' or others' names or trade names, trademarks, service marks or other proprietary Content without Interpolls' or such other person's or entity's respective express, written consent by a duly authorized representative.
You may not modify the Content on this Site, or any portion of it, without the express written consent of a duly authorized representative of Interpolls. Any and all updates, copies, revisions, or changes to Contents on this Site must be approved in writing by a duly authorized representative of Interpolls.
You may not reproduce, duplicate, copy, sell, re-sell, access or otherwise exploit this Site or its Contents, in whole or in part, for any commercial purpose without the express written consent of a duly authorized representative of Interpolls.
If you wish to obtain rights for any of the foregoing uses of this Site or its Contents or to include any of the services provided by Interpolls on your website, you must enter into a separate, duly authorized written agreement with Interpolls and may contact us at firstname.lastname@example.org
If you upload, post, email or otherwise provide Content, whether or not authorized by Interpolls, and unless we expressly state otherwise in a duly authorized written agreement, you grant Interpolls and its designees a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media, including, without limitation, any ideas, concepts, know-how, or techniques contained in any communications or other Content that you send to this Site for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, promoting or selling new widgets, products or services using such Content. You hereby grant Interpolls and its designees the right to use the name that you submit in connection with such Content, if they choose, in their respective sole and absolute discretion. You further acknowledge and agree that Interpolls may preserve Content and may also disclose Content if required to do so by law or if Interpolls determines in its sole and absolute discretion that such preservation or disclosure is appropriate to: (i) comply with legal process; (ii) enforce these terms and conditions of use; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Interpolls, its users, the public or others.
In order for Interpolls to provide certain Content, including without limitation certain widgets, products or services, you must allow Interpolls or its designees to use raw data and other information related to the use and distribution of such widgets, products, services or other Content that will be collected from the use of this Site or other sources. You hereby grant Interpolls and its designees a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, and fully sublicensable right to use such data or other information for whatever purposes Interpolls or its designees deem appropriate, in Interpolls' or its designee's respective sole and absolute discretion, including without limitation to reproduce, distribute, display, promote, sell, track, extract, compile, synthesize, aggregate, and analyze such data or other information and create promotional tracking data.
If you access or use a password protected area of this Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You further agree that you are responsible for all activities that occur under your account or password.
You acknowledge that your permissions to access or use this Site or any of its Contents, in whole or in part, as well as all licenses granted hereunder, are terminable at any time by Interpolls, with or without cause, and you agree not to access or use this Site or any of its Contents at any time upon receipt of notice from Interpolls that such permission has been withdrawn. Even if you have an account, Interpolls has the right to suspend or terminate your account and refuse any and all current or future use of this Site or any of its Contents, in whole or in part.
Interpolls reserves the right, in its sole and absolute discretion, to remove, edit, withdraw, suspend or discontinue any information, services, widgets, products, promotions or other Content available on this Site and any functionality or features on this Site, including the cessation of activities associated with this Site, in whole or in part.
Interpolls reserves the right at its sole and absolute discretion to change or modify these terms and conditions of use at any time, and charge or adjust fees for the use of this Site or any of its Contents. Any change or modification made by Interpolls will be effective immediately upon posting on this Site and your use or continued use of this Site means that you have agreed to accept any changes or modifications made by Interpolls.
When you use this Site or send emails to Interpolls, you are communicating with Interpolls electronically. You consent to receive communications from Interpolls electronically. Interpolls will communicate with you by email or by posting notices on this Site. To the extent not prohibited by applicable law, you agree that all agreements, notices, disclosures and other communications that Interpolls provides to you electronically via email or by posting notices on this Site satisfy any legal requirement that such communications be in writing.
You may send email to Interpolls at email@example.com
Subject to these terms and conditions of use, Interpolls grants you a limited, non-exclusive, non-sublicensable, non-transferable, worldwide (except as limited below), revocable license to access and use this Site, provided that you fully comply with these terms and conditions of use ("Limited License"). This Limited License includes a limited, revocable and non-exclusive right to download Rich Media Widgets™ and Rich Media Gadgets™ that this Site expressly identifies as available for download and to post them to social networking sites and personal home pages that allow such postings. This Limited License also includes a limited, revocable and non-exclusive right to create a hyperlink to the home page of Interpolls so long as the use of the link does not portray Interpolls, its affiliates, officers, directors, employees, security holders, agents, co-branders, content providers, or license or business partners or their widgets, products or services in a false, misleading, derogatory, or otherwise offensive manner. In addition, you may not use any proprietary graphic, trade name, trademark, or service mark of Interpolls, its affiliates, agents, co-branders, content providers, or license or business partners as part of the link without the express, written consent of an authorized representative of Interpolls.
All rights not expressly granted to you in these terms and conditions of use are reserved by Interpolls. Any unauthorized use automatically terminates any consents or licenses granted by Interpolls or others.
All Content included on this Site, including, but not limited to, text, design, graphics, logos, button icons, images, audio and video clips, digital downloads, Rich Media Widgets™, Rich Media Gadgets™, interfaces, data compilations, software, code, HTML, XML, other mark-up languages, scripts, multimedia content or other material available from the entry point URL, www.interpolls.com, and pages within those domains are the property of Interpolls, its affiliates or content suppliers, or others and is protected by United States and international copyright laws. The compilation of all Content and all software used on this Site are the exclusive property of Interpolls, its affiliates or content suppliers, or others and is protected by United States and international copyright laws.
Interpolls or an affiliate is the owner of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on this Site, including but not limited to the following: Interpolls™, Rich Media Widgets™ and Rich Media Gadgets™
In addition, elements of this Site are protected by trade dress and other federal and state intellectual property laws.
The trademarks, service marks, trade names, trade dress, logos, graphics, page headers, button icons, scripts, or other indicia of trade origin of Interpolls, its affiliates, content suppliers, co-branders or other license or business partners or may not be used in connection with any widget, product, service or business whose source is not Interpolls, its affiliate, content supplier, co-brander or license or business partner, in any manner that is likely to cause confusion among other customers, the trade, or the public or in any manner that disparages or discredits Interpolls, its affiliates, content suppliers, co-branders or other license or business partners. All other trademarks, service marks, trade names, trade dress and logos not owned by Interpolls, its affiliates, content suppliers, co-branders or license or business partners that appear on this Site or any products or services, with or without attribution, are the property of their respective owners, who may or may not be connected to, or sponsored by Interpolls, its affiliates, content suppliers, co-branders or other license or business partners.
Except for the Limited License granted subject to these terms and conditions of use, nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Interpolls, its affiliates, content suppliers, co-branders or other license or business partners displayed or contained on this Site, in whole or in part, without the express written consent of a duly authorized representative of Interpolls.
One or more patents may apply to this Site and to the features, products and services accessible via this Site.
Except for the Limited License granted subject to these terms and conditions of use, nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Interpolls' or its affliliates' patents, licensed patents, or the patentable inventions contained therein without the express, written consent of a duly authorized representative of Interpolls.
Interpolls respects the intellectual property rights of others, and we ask users of this Site to do the same. Interpolls may, in its sole and absolute discretion, terminate the rights of any user to access or use this Site or any of its Contents, in whole or in part, who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone who is infringing on your rights, you must provide the following information to the designated agent specified below:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed upon;
- a description of where the material that you claim is infringing is located on this Site;
- your address, telephone number, and email address;
- a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You must send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to Interpoll's designated agent for notice of claims of copyright infringement on this Site at the following address:
Noel C. Gillespie
Procopio, Cory, Hargreaves & Savitch LLP
530 B Street, Suite 2100
San Diego, CA 92101
Telephone Number: + 1 619 515 3288
Facsimile Number: +1 619 398 0189
Please note that this procedure is exclusively for notifying Interpolls that your copyrighted materials have been infringed.
THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.
These terms and conditions of use apply only to this Site, and not to the websites of any other person or entity. Interpolls may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that Interpolls is not responsible for the availability of such external websites or resources. You also acknowledge and agree that Interpolls does not endorse and is not responsible or liable for any Content, including without limitation advertising, widgets, products, services, or other materials, on or available from such other websites or resources, regardless of whether or not you access or link to such Content directly or indirectly from this Site. You should direct any concerns with respect to any other websites to that website's administrator or webmaster.
Interpolls and its affiliates attempt to be accurate with respect to descriptions of widgets, products and services. However, Interpolls does not warrant that widget, product or service descriptions or other Content of this Site is accurate, complete, reliable, current or error-free. You expressly agree that your use of any widget or other feature on this Site is at your sole risk and if a widget or feature offered by Interpolls or its affiliates is not as described, you have no remedy against Interpolls or its affiliates. If a product or service offered by Interpolls itself is not as described, your sole remedy is repair, replacement, or return and refund, in whole or in part, of amounts actually paid by you to Interpolls for the product or service, such remedy to be determined by Interpolls in its sole and absolute discretion.
You understand that all Content that is not created by Interpolls or its affiliates is the sole responsibility of the person from which such Content originated. This means that Interpolls and its affiliates disclaim any and all responsibility for Content not created by Interpolls or its affiliates to the extent not prohibited by applicable law, and that Interpolls and its affiliates do not guarantee the accuracy, integrity or quality of such Content.
You agree that you must evaluate, and bear all risks associated with, the use of any reports, Site-related services or other Content, including without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any reports, Site-related services or other Content created by Interpolls, submitted to Interpolls or available through this Site.
ANY REPORTS, SITE-RELATED SERVICES OR OTHER CONTENT CONTAINED WITHIN THIS SITE ARE PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF ANY REPORTS, SITE-RELATED SERVICES OR OTHER CONTENTS.
IN ADDITION, INTERPOLLS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INTERPOLLS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS ON THIS SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT INTERPOLLS) ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THESE CONTENTS. IN PARTICULAR (BUT WITHOUT LIMITATION), INTERPOLLS IS NOT RESPONSIBLE FOR THE CONTENT OF ANY SITES THAT MAY BE LINKED TO THIS SITE. ANY LINKED SITES ARE FOR YOUR CONVENIENCE ONLY, AND YOU ACCESS THEM AT YOUR OWN RISK.
You understand that by using this Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Interpolls be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via this Site.
UNDER NO CIRCUMSTANCES SHALL INTERPOLLS, ITS AFFILIATES, CONTENT SUPPLIERS, CO-BRANDERS OR LICENSE OR BUSINESS PARTNERS BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE OR ANY SERVICES, WIDGETS OR PRODUCTS AVAILABLE ON THIS SITE, SITE-RELATED PROMOTIONS, APPLICATION PROGRAMMING INTERFACES, SERVICES OR CONTENT CONTAINED WITHIN THIS SITE OR WIDGETS, PRODUCTS OR SERVICES, EVEN IF INTERPOLLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR SITE-RELATED WIDGETS OR PROMOTIONS IS TO STOP USING THIS SITE OR THOSE WIDGETS AND PROMOTIONS.
CERTAIN STATE 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.
To the maximum extent not prohibited by applicable law, you hereby release and waive all claims against Interpolls and its affiliates, officers, directors, employees, security holders, agents, co-branders or other license or business partners from any and all liability for claims, damages (whether actual or consequential), costs and expenses (including, but not limited to, litigation costs, attorneys and other professional fees) of every kind and nature, arising from or in any way related to your use of, or reliance on, this Site or any of its Contents or any other resources or websites or their Contents that are available from this Site, regardless of whether you access or use such resources, websites or Contents directly or indirectly from this Site.
You waive any rights you have under California Civil Code Section 1542, which states:
A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact.
This waiver and relinquishment will apply to any similar provisions under any laws of any other state or the United States or other jurisdiction or common law principle relating to waivers of unknown or unsuspected claims, to the fullest extent not prohibited by applicable law.
This Site may be viewed internationally, and may contain references to widgets, products or services not available in all countries. References to a particular widget, product or service do not imply that Interpolls intends to make such widgets, products or services available in such countries.