INSIDENETWORK USER AGREEMENT
By clicking on the “accept terms” button you agree to the terms and conditions within the User Agreement.
This
agreement relates to use of the following INSIDENETWORK Corporation
(hereinafter referred to as “INSIDENETWORK”) media
monitoring services (hereinafter referred to as “Media
Monitoring Services”) accessible at www.InsideWorld.com, at
derivative inside websites, and via email services (herein
collectively referred to as “Website”):
Your use
of the Website indicates your agreement to these terms and
conditions. If you do not agree with these terms and conditions do
not use our services.
INSIDENETWORK grants you a
non-exclusive, non-transferable, limited right to access, and the
Website and the materials provided hereon, provided that you comply
fully with this Agreement. You agree not to interrupt, or attempt to
interrupt, the operation of the Website in any way.
INSIDENETWORK
Media Monitoring Services are supported by paid membership, although
we do offer a free account. All users are bound by this Agreement.
Certain components or functionalities of the Website are available
only through the purchase of a Website subscription (hereinafter
referred to as "Fee-Based Services").
1. Provisions
of our Fee-Based Services.
a)
You agree to pay, using a valid credit card which INSIDENETWORK
accepts (billed through InsideServices Corporation), the annual
subscription charges set forth on the Website, applicable taxes, and
other charges incurred on your account in order to access Fee-Based
Services. INSIDENETWORK reserves the right to increase fees,
surcharges, and Website subscription fees, or to institute new fees
at any time. Unless otherwise notified in advance by you,
INSIDENETWORK will automatically charge your account for renewal of
your Website subscription. In the event INSIDENETWORK cannot charge
your account, we reserve the right to terminate your access to the
Fee-Based Services. If you purchase a Website subscription to access
the Fee-Based Services and cancel within 72 hours (3 days)
INSIDENETWORK will provide you with a 100% refund. (if you cancel
within the 3 days, your account will be terminated). Thereafter, no
refunds are permitted.
b)
In addition to the charges set forth above, you are responsible for
all charges associated with connecting to the Website, including
without limitation all telephone access lines (including
long-distance charges, when applicable), telephone and computer
equipment and any service fees necessary to access the Fee-Based
Services.
c)
For purposes of identification and billing, you agree to provide
INSIDENETWORK with accurate, complete, and updated information
required by the Website subscription registration to the Fee-Based
Services (hereinafter referred to as "Information"),
including your legal name, address, telephone number(s), and
applicable payment data (e.g., credit card number and expiration
date, CVS number). You may check you account via Manage Your Account
to determine whether your Information is current and accurate, and,
if not, to correct or update your Information. Failure to comply with
this provision (including without limitation falsification of any
Information) may, at INSIDENETWORK's option, result in immediate
suspension or termination of your right to use the Fee-Based
Services.
d)
You agree to promptly update your “Manage Your Account”,
in the event of any known or suspected unauthorized use of your
subscription, or any known or suspected breach of security, including
loss, theft, or unauthorized disclosure of your password or credit
card information. In the event of a breach of security, you will
remain liable for any unauthorized use of your subscription until you
update your Manage Your Account. If your credit card expires, is
canceled, is lost or is subject to use without your authorization, or
if your subscription is subject to use without your authorization,
please go to Manage Your Account to update/change your password
information.
e)
Your password. As part of the registration process, you will select a
password. You are solely responsible for maintaining the
confidentiality of any password you use to access the Media
Monitoring Services, and agree that INSIDENETWORK will have no
obligations with regard thereto.
f)
Financial responsibility. You agree not to assign, transfer or
sublicense your rights as a subscriber to the Fee-Based Services. You
agree to be financially responsible for all usage or activity on your
Media Monitoring Services account.
2. Provisions of the Media
Monitoring Services. (All users)
a)
You acknowledge that the Media Monitoring Services contains links,
descriptions and other material (collectively, the "Links")
that are protected by copyright, trademark or other proprietary
rights of INSIDENETWORK and third-party content providers
(hereinafter referred to as "Publishers").
b) You
may not modify the code that INSIDENETWORK provides to you which
generates the Links or any of the Links, in whole or part.
c) You
are not entitled to frame an article or advertisement from an
INSIDENETWORK or Publishers' website.
d) You
may not license, sublicense, sell, assign, or transfer any of the
Links provided by the News Feed Service.
e) You may not reproduce/publish in any form (whether online or not) the Links provided through the Media Monitoring Services.
f) You
are not authorized to copy the text from any article or
advertisement.
g) The
Links on the News Feed Service contain a link to the original
Publisher's website via an intermediate link through an
INSIDENETWORK's Website. You may not delete, disable, modify or hide
this intermediate link.
3. Content Disclaimer.
This
media monitoring service has been developed by INSIDENETWORK.
The
Links will take users to an external Publishers’ websites that
are not affiliated with INSIDENETWORK. Publishers’ websites
may require their own registration.
Registration
for INSIDENETWORK’S Fee Based Services does not include payment
of any applicable fees charged by third party Publishers on their
websites.
Results in our indices are indexed by
INSIDENETWORK's automated systems. Links and pointers to Publishers’
websites do not constitute an endorsement by INSIDENETWORK of
Publishers’ websites or any materials contained therein.
INSIDENETWORK does not control, and is not responsible for, the
availability, accuracy, or currency of Publishers’ websites or
any information, content, products or services accessible thereon.
4.
Indemnification.
You hereby agree to indemnify, defend and
hold harmless INSIDENETWORK or its affiliates from and against any
and all liability and costs incurred by INSIDENETWORK or the
affiliates in connection with any claim arising out of any breach or
alleged breach of any of your obligations set forth herein. You shall
cooperate as fully as reasonably required in the defense of any
claim.
INSIDENETWORK reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of INSIDENETWORK.
5. Warranties Disclaimer.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Website is at your sole risk. InsideNetwork reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Website, or to deny access to the Website to anyone at any time. You acknowledge and agree that InsideNetwork is not responsible for any materials posted by users of the Website. Prior to purchasing Publishers’ or any third party products or services described on the Website, you are advised to verify pricing and other information. Neither InsideNetwork nor its affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on the Website.
EXCEPT AS EXPRESSLY SET FORTH HERIN, THE WEBSITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, NEWS FEED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICLAR PURPOSE, TITLE, COMPATABILITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INSIDENETWORK AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY INSIDENETWORK. INSIDENETWORK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR FEE-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE WEBSITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE WEBSITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY.
USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL INSIDENETWORK OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR INSIDENETWORK OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, FEE-BASED SERVICES OR MEDIA MONITORING SERVICES, EVEN IF INSIDENETWORK, THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF INSIDENETWORK AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE INSIDENETWORK AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6.
Termination.
In addition to any other rights of the parties
set forth, INSIDENETWORK may cancel or terminate this Agreement.
INSIDENETWORK also reserves the right to restrict, suspend or
terminate your access to the Fee-Based Services in whole or in part,
without notice, with respect to any breach or threatened breach of
any portion of this Agreement. If INSIDENETWORK terminates this
Agreement based on a breach of any portion of this Agreement,
INSIDENETWORK reserves the right to refuse to provide a subscription
or any Fee-Based Services to you in the future.
7. Modifications to the Agreement.
INSIDENETWORK has the right to modify this Agreement and any policies affecting the Website. Any modification is effective immediately upon posting to the Website or distribution via electronic mail or conventional mail. Your continued use of the Website following any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of INSIDENETWORK in providing the Website, including without limitation:
a) any change in the content, or
b) any change in the amount or
type of fees associated with the Fee-Based Services is to cancel your
subscription.
INSIDENETWORK has the right to modify, suspend
or discontinue the Website or any portion thereof at any time,
including the availability of any area of the Website, including
without limitation the Fee-Based Services. INSIDENETWORK may also
impose limits on certain features and services or restrict your
access to parts or all of the INSIDENETWORK Website without notice or
liability.
8. Email Marketing Communication
INSIDENETWORK
reserves the right to send its customers, members, and user’s
promotional emails or offers. You may opt-out of receiving such
emails or offers at any time by clicking the unsubscribe link in the
email you received.
9.
General.
This Agreement constitutes the entire agreement
between you and INSIDENETWORK with respect to the Website and, if
applicable, the Fee-Based Services and supersedes all prior
agreements between you and INSIDENETWORK. Failure by INSIDENETWORK to
enforce any provision of this agreement shall not be construed as a
waiver of any provision or right. Interpretation and enforcement of
this agreement shall be governed by the laws of the state of
Tennessee, USA (excluding its choice of law rules). You consent
irrevocably to personal jurisdiction in the federal and state courts
of Tennessee, USA for any action arising out of or relating to your
use of the Website, Fee-Based Services or Media Monitoring Services.
The federal and state courts of Tennessee shall have exclusive
jurisdiction over all such actions. In any such action, the
prevailing party shall be entitled to recover all legal expenses
incurred in connection with the action, including but not limited to
its costs, both taxable and non-taxable, and reasonable attorney's
fees. In the event that any portion of this Agreement is held
unenforceable, the unenforceable portion shall be construed in
accordance with applicable law as nearly as possible to reflect the
original intentions of the parties, and the remainder of the
provisions shall remain in full force and effect.
Use of any
INSIDENETWORK Service indicates your agreement to the terms and
conditions set forth above.
Copyright © 2007 InsideNetwork Corporation