|
Web
Site Agreement and Terms of Service
iNet
Innovation, Inc and HyperVRE.com Web Site (the "Site") is an online
information service provided by iNet Innovation, Inc or HyperVRE.com,
subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. iNet Innovation,
Inc or HyperVRE.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF
THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. Copyright,
agreements and Idea Submissions.
The entire contents
of the Site are protected by international copyright and trademark
laws. The owner of the copyrights and trademarks are iNet Innovation,
Inc or HyperVRE.com, its affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE unless given written notice from
iNet Innovation, Inc. You may print and download portions of material
from the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright
or proprietary notices from the materials. You agree to grant to iNet
Innovation, Inc or HyperVRE.com a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without limitation,
ideas contained therein for new or improved products and services)
you submit to any public areas of the Site (such as bulletin boards,
forums and newsgroups) or by e-mail to iNet Innovation, Inc or HyperVRE.com
by all means and in any media now known or hereafter developed. You
also grant to iNet Innovation, Inc or HyperVRE.com the right to use
your name in connection with the submitted materials and other information
as well as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse
against iNet Innovation, Inc or HyperVRE.com for any alleged or actual
infringement or misappropriation of any proprietary right in your
communications to iNet Innovation, Inc or HyperVRE.com.
You are specifically
prohibited from charging, or requesting donations, for any copies
of the software or products associated with HyperVRE.com, however
made, and from distributing such copies with other products of any
kind, commercial or otherwise, WITHOUT prior written permission from
iNet Innovation, Inc and/or HyperVRE.com. iNet Innovation, Inc and HyperVRE.com
reserves the right to revoke the above distribution rights at any
time, for any or no reason.
You may not alter
or modify the HyperVRE Software, nor give anyone permission
to do so. Under no circumstances, unless given prior written permission
from iNet Innovation, Inc and/or HyperVRE.com are you licensed to distribute
HyperVRE.
All rights of
any kind in HyperVRE which are not expressly granted in this
agreement are entirely and exclusively reserved to and by iNet Innovation, Inc.
You may not rent, lease, modify, translate, reverse engineer, decompile,
disassemble, or create derivative works based on HyperVRE.
You may not make access to HyperVRE available to others in
connection with a service bureau, application service provider, or
similar business.
TRADEMARKS.
Publications,
products, content or services referenced herein or on the Site are the
exclusive trademarks or servicemarks of iNet Innovation, Inc or HyperVRE.com.
Other product and company names mentioned in the Site may be the trademarks
of their respective owners.
2. Use
of the Site.
You understand
that, except for information, products or services clearly identified
as being supplied by iNet Innovation, Inc or HyperVRE.com, iNet Innovation, Inc or HyperVRE.com does not operate, control or endorse any information,
products or services on the Internet in any way. Except for iNet Innovation, Inc or HyperVRE.com - identified information, products or services, all information,
products and services offered through the Site or on the Internet generally
are offered by third parties, that are not affiliated with iNet Innovation, Inc or HyperVRE.com a. You also understand that iNet Innovation, Inc or HyperVRE.com cannot and does not guarantee or warrant that files available
for downloading through the Site will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to the
Site for the reconstruction of any lost data.
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. iNet Innovation, Inc or HyperVRE.com PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO
THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY, AND iNet Innovation, Inc or HyperVRE.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS
OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. iNet Innovation, Inc or HyperVRE.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO
YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. iNet Innovation, Inc or HyperVRE.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS.
LIMITATION
OF LIABILITY
IN NO EVENT WILL iNet Innovation, Inc or HyperVRE.com BE LIABLE FOR (I)
ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY
OF SUCH INFORMATION OR SERVICE. EVEN IF iNet Innovation, Inc or HyperVRE.com
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
iNet Innovation, Inc or HyperVRE.com LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
iNet Innovation, Inc or HyperVRE.com makes no representations whatsoever
about any other web site which you may access through this one or which
may link to this Site. When you access a non-iNet Innovation, Inc or HyperVRE.com web site, please understand that it is independent from
iNet Innovation, Inc or HyperVRE.com, and that iNet Innovation, Inc or HyperVRE.com has no control over the content on that web site. In
addition, a link to an iNet Innovation, Inc or HyperVRE.com web site
does not mean that iNet Innovation, Inc or HyperVRE.com endorses or
accepts any responsibility for the content, or the use, of such web
site.
3. Indemnification.
You agree
to indemnify, defend and hold harmless iNet Innovation, Inc or HyperVRE.com,
its officers, directors, employees, agents, licensors, suppliers and
any third party information providers to the Service from and against
all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including negligent
or wrongful conduct) by you or any other person accessing the Service.
4. Third
Party Rights.
The provisions
of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for
the benefit of iNet Innovation, Inc or HyperVRE.com and its officers, directors,
employees, agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities shall
have the right to assert and enforce those provisions directly against
you on its own behalf.
5.Term;
Termination.
This Agreement
may be terminated by either party without notice at any time for any
reason. The provisions of paragraphs 1 (Copyright, agreements and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive any termination of
this Agreement.
6.Miscellaneous.
When
becoming a member of HyperVRE.com, you must also agree to the Affiliate
Program terms of service located in the members area under the defined
section: "Affiliates", which currently states though it may
be changed by iNet Innovation, Inc at any time and it is your duty to
make sure you are read any updated affiliate terms: "Promoting
via Email: Use of this affiliate program in conjunction with any form
of spam, rented email lists, safelists, or anything other than your
own opt-in customers who have an established relationship with you (the
"affiliate"), is absolutely, strictly forbidden. This will
result in IMMEDIATE termination of your (the affiliate) account with
or without notice."
This
Agreement shall all be governed and construed in accordance with the
laws of State of Indiana, without regard to Indiana choice-of-law rules.
. Exclusive jurisdiction and venue for all matters relating to this
agreement shall be in courts located in the State of Indiana, and you
consent to such jurisdiction and venue. There are no third party beneficiaries
of any promises, obligations or representations made by iNet Innovation, Inc
and/or HyperVRE.com herein. Any waiver by iNet Innovation, Inc and/or HyperVRE.com
of any violation of this agreement by you shall not constitute or contribute
to a waiver of any other or future violation by you of the same provision,
or any other provision, of this agreement. Any cause of action or claim
you may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or such claim or
cause of action is barred. iNet Innovation, Inc or HyperVRE.com's failure
to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice
shall act to modify any provision of this Agreement. iNet Innovation, Inc or HyperVRE.com may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Any
rights not expressly granted herein are reserved.
iNet
Innovation, Inc
|
