- ACCEPTANCE OF TERMS
Welcome to Interfusions (IF). Interfusions provides its service to you, subject
to the following Terms of Service ("TOS"), which may be updated
by us from time to time without notice to you. You can review the most current
version of the TOS at any time at: http://interfusions.com/terms/. In addition,
when using particular Interfusions services, you and Interfusions shall be
subject to any posted guidelines or rules applicable to such services which
may be posted from time to time. All such guidelines or rules (including but
not limited to our Spam Policy) are hereby incorporated by reference into
the TOS. Interfusions may also offer other services that are governed by different
Terms of Service.
- DESCRIPTION OF SERVICE
Interfusions currently provides users with access to a rich collection of
resources, including, various communications tools, forums, shopping services,
personalized content and branded programming through its network of properties
(the "Service"). You also understand and agree that the Service
may include advertisements and that these advertisements are necessary for
Interfusions to provide the Service. You also understand and agree that the
service may include certain communications from Interfusions, such as service
announcements, administrative messages and the Interfusions Newsletter, and
that these communications are considered part of Interfusions membership and
you will not be able to opt out of receiving them. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service, including
the release of new Interfusions properties, shall be subject to the TOS. You
understand and agree that the Service is provided "AS-IS" and that
Interfusions assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settingsYou
are responsible for obtaining access to the Service and that access may involve
third party fees (such as Internet service provider or airtime charges). You
are responsible for those fees, including those fees associated with the display
or delivery of advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Service.
Please be aware that Interfusions has created certain areas on the Service
that contain adult or mature content. You must be at least 18 years of age
to access and view such areas.
- YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of
legal age to form a binding contract and are not a person barred from receiving
services under the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (such information
being the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or incomplete,
or Interfusions has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, Interfusions has the right
to suspend or terminate your account and refuse any and all current or future
use of the Service (or any portion thereof). Interfusions is concerned about
the safety and privacy of all its users, particularly children. For this reason,
parents of children under the age of 13 who wish to allow their children access
to the Service must create a Interfusions Family Account. When you create
a Interfusions Family Account and add your child to the account, you certify
that you are at least 18 years old and that you are the legal guardian of
the child/children listed on the Interfusions Family Account. By adding a
child to your Interfusions Family Account, you also give your child permission
to access all of the Services including, email, message boards, instant messages
and chat (among others). Please remember that the Service is designed to appeal
to a broad audience. Accordingly, as the legal guardian, it is your responsibility
to determine whether any of the Services and/or Content (as defined in Section
6 below) are appropriate for your child.
- IF PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy at http://interfusions.com/privacy/.
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities
that occur under your password or account. You agree to (a) immediately notify
Interfusions of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account at the
end of each session. Interfusions cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section 5.
- MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not Interfusions,
are entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. Interfusions does not control
the Content posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will Interfusions 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, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available 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;
impersonate any person or entity, including, but not limited to, a Interfusions
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under contractual
or fiduciary relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas (such as shopping
rooms) that are designated for such purpose (please read our complete Spam
Policy);
upload, post, email, transmit or otherwise make available any material 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;
disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise act
in a manner that negatively affects other users' ability to engage in real
time exchanges;
interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated
by the U.S. Securities and Exchange Commission, any rules of any national
or other securities exchange, including, without limitation, the New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
"stalk" or otherwise harass another; or
collect or store personal data about other users.
You acknowledge that Interfusions may not pre-screen Content, but that Interfusions
and its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, Interfusions and its designees shall have
the right to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the
use of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge that you may
not rely on any Content created by Interfusions or submitted to Yahoo, including
without limitation information in Interfusions Message Boards, and in all
other parts of the Service.
You acknowledge, consent and agree that Interfusions may access, preserve,
and disclose your account information and Content if required to do so by
law or in a good faith belief that such access preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce the
TOS; (c) respond to claims that any Content violates the rights of third-parties;
(d) respond to your requests for customer service; or (e) protect the rights,
property, or personal safety of Interfusions, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
You understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected,
and use of these materials is subject to usage rules set by Interfusions and/or
content providers who provide content to the Service. You may not attempt
to override or circumvent any of the usage rules embedded into the Service.
Any unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in part,
is strictly prohibited.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside.
- CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Interfusions does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you submit
or make available for inclusion on publicly accessible areas of the Service,
you grant Interfusions the following world-wide, royalty free and non-exclusive
license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly
accessible areas of Interfusions Groups, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on the Service
solely for the purposes of providing and promoting the specific Interfusions
Group to which such Content was submitted or made available. This license
exists only for as long as you elect to continue to include such Content on
the Service and will terminate at the time you remove or Interfusions removes
such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible area of the Service other than Interfusions
Groups, the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for the purpose
for which such Content was submitted or made available. This license exists
only for as long as you elect to continue to include such Content on the Service
and will terminate at the time you remove or Interfusions removes such Content
from the Service.
With respect to Content other than photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible areas of the Service
other than Interfusions Groups, the perpetual, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content (in whole or in part) and
to incorporate such Content into other works in any format or medium now known
or later developed.
"Publicly accessible" areas of the Service are those areas of the
Interfusions network of properties that are intended by Interfusions to be
available to the general public. By way of example, publicly accessible areas
of the Service would include Interfusions Message Boards and portions of Interfusions
Groups, Photos and Briefcase that are open to both members and visitors. However,
publicly accessible areas of the Service would not include portions of Interfusions
Groups that are limited to members, Interfusions services intended for private
communication such as Interfusions Mail or Interfusions Messenger, or areas
off of the Interfusions network of properties such as portions of World Wide
Web sites that are accessible through via hypertext or other links but are
not hosted or served by Interfusions.
- INDEMNITY
You agree to indemnify and hold Interfusions, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or make
available through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
another.
- NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit
for any commercial purposes, any portion of the Service (including your Interfusions
I.D.), use of the Service, or access to the Service.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Interfusions may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email messages that
may be sent from or received by an account on the Service, the maximum size
of any email message that may be sent from or received by an account on the
Service, the maximum disk space that will be allotted on Interfusions's servers
on your behalf, and the maximum number of times (and the maximum duration
for which) you may access the Service in a given period of time. You agree
that Interfusions has no responsibility or liability for the deletion or failure
to store any messages and other communications or other Content maintained
or transmitted by the Service. You acknowledge that Interfusions reserves
the right to log off accounts that are inactive for an extended period of
time. You further acknowledge that Interfusions reserves the right to modify
these general practices and limits from time to time.
- MODIFICATIONS TO SERVICE
Interfusions reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that Interfusions shall not be liable to
you or to any third party for any modification, suspension or discontinuance
of the Service.
- TERMINATION
You agree that Interfusions may, under certain circumstances and without prior
notice, immediately terminate your Interfusions account, any associated email
address, and access to the Service. Cause for such termination shall include,
but not be limited to, (a) breaches or violations of the TOS or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance
or material modification to the Service (or any part thereof), (e) unexpected
technical or security issues or problems, and (f) extended periods of inactivity.
Termination of your Interfusions account includes (a) removal of access to
all offerings within the Service, including but not limited to Interfusions
Mail, Message Boards, Greetings, Alerts and Games, (b) deletion of your password
and all related information, files and content associated with or inside your
account (or any part thereof), and (c) barring further use of the Service.
Further, you agree that all terminations for cause shall be made in Interfusions's
sole discretion and that Interfusions shall not be liable to you or any third-party
for any termination of your account, any associated email address, or access
to the Service.
- DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and
such advertiser. You agree that Interfusions shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on the Service.
- LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Interfusions has no control over such
sites and resources, you acknowledge and agree that Interfusions is not responsible
for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that Interfusions shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
- INTERFUSIONS' PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content contained
in sponsor advertisements or information presented to you through the Service
or advertisers is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized by Interfusions
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software, in whole
or in part.
Interfusions grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create
a derivative work of, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree not to modify
the Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other than
through the interface that is provided by Interfusions for use in accessing
the Service.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. YAHOO EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
IF MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IF
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED
TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING
THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC
SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY.
IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR
PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE
AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES,
LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IF SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE SERVICE
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
- NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there
shall be no third party beneficiaries to this Agreement.
- NOTICE
Interfusions may provide you with notices, including those regarding changes
to the TOS, by either email, regular mail, or postings on the Service.
- TRADEMARK INFORMATION
The Interfusions, Interfusions logo, trademarks and service marks and other
Interfusions logos and product and service names are trademarks of Interfusions
Inc. (the "Interfusions Marks"). Without Interfusions's prior permission,
you agree not to display or use in any manner, the Interfusions Marks.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT
Interfusions respects the intellectual property of others, and we ask our
users to do the same. Interfusions may, in appropriate circumstances and at
its discretion, disable and/or terminate the accounts of users who may be
repeat infringers. If you believe that your work has been copied in a way
that constitutes copyright infringement, or your intellectual property rights
have been otherwise violated, please provide Interfusions's Copyright Agent
the following information:
an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that
you claim has been infringed;
a description of where the material that you claim is infringing is located
on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property
owner's behalf.
Interfusions's Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By email: copyright@interfusions.com
- GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and
Interfusions and govern your use of the Service, superceding any prior agreements
between you and Interfusions. You also may be subject to additional terms
and conditions that may apply when you use or purchase certain other Interfusions
services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Interfusions
shall be governed by the laws of the State of California without regard to
its conflict of law provisions. You and Interfusions agree to submit to the
personal and exclusive jurisdiction of the courts located within the county
of Santa Clara, California.
Waiver and Severability of Terms. The failure of Interfusions to exercise
or enforce any right or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the TOS remain in full force
and effect.
No Right of Survivorship and Non-Transferability. You agree that your Interfusions
account is non-transferable and any rights to your Interfusions I.D. or contents
within your account terminate upon your death. Upon receipt of a copy of a
death certificate, your account may be terminated and all contents therein
permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use
of the Service or the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
- VIOLATIONS
Please report any violations of the TOS to our Customer Care group
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