1. Use of Site Content
- Content, including but not limited to text, software, music, sound, photographs, trademarks, service marks, logos, video, graphics or other material contained on this Site or presented to you through this Site ("Content"), is protected by copyright, trademarks, service marks, Site marks, patents or other proprietary agreements and laws (collectively, "Intellectual Property Rights"). You are only permitted to use Content as expressly authorized herein or in writing by the Site owner ("Company"). These Terms do not transfer any right, title, or interest in the Site or the Content to you, and Company and its third party advertisers and affiliates retain all of its and their respective right, title and interest to the Site and Content.
- Except as provided in these Terms, you may not use, download, upload, copy, modify, print, display, perform, reproduce, publish, license, rent, lease, loan, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, including without limitation by way of framing or hyper-linking, without Company’s permission.
- Except as expressly provided in these Terms, nothing contained in these Terms or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, under any of our Intellectual Property Rights or under any third party’s Intellectual Property Rights. All rights not expressly granted herein are reserved.
This Site transmits informational email notifications to you in response to your posts or submissions made on the Site ("Forums"). If you no longer wish to receive the notifications, you may opt-out from future receipt by checking the checkbox to "off" under the Settings link, sending a letter to the mailing address specified in the company contact page, or by contacting the Site as set forth below.
This Site and the posts are not affiliated with, endorsed by, authorized by, or associated in any way with any government (whether federal or state), government agency, military, or country. The Site, Content and Forum Posts have been prepared or added for general information purposes only. By using this Site, you expressly agree that any such use is solely for personal, non-commercial use.
3. Prohibited Use of the Site
You may not:
4. Not Legal Advice
- Send unsolicited commercial email to the email addresses provided on the Site;
- Delete, modify or attempt to change or alter any of the Content on the Site;
- Use any device, software or routine that interferes with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with another’s use of the Site;
- Use the Site or the Content, intentionally or unintentionally, in any manner inconsistent with or in violation of any applicable laws or regulations or in violation of the rules of any other website providers, websites, chat rooms or the like, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission;
- Use any "robot," "spider" or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine; or
- Use any Company name, service marks, or trademarks without prior written consent, including as metatags or hidden text.
The Content on the Site and in the forum posts is intended to provide information only and is not legal advice of Company. Any opinions expressed through Content on the Site are the opinions of the particular author and may not reflect the opinions of Company.
5. Modifications To Terms
6. Termination and Modification
Company reserves the right to modify or terminate these Terms or your access to the Site (or portions of the Site) including forum posts, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. These Terms shall survive termination of these Terms or your right to access to the Site. You acknowledge and agree that Company shall not be liable to you or any third party in the event that it exercises its right to modify or terminate access to the Site (or portions of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site will be subject to these Terms.
Company may use information from our customers or subscribers to contact them in response to consumer-initiated inquiries, to provide services requested by the customer, to deliver email notifications, to alert costumers to changes in services or features, to provide customers with requested information regarding Company or our services, and to provide customers with Company’s (or its affiliates’) marketing materials.
Company may also sell, rent, license or lease information collected on this site to third parties (including email marketing companies), who may use your information. Such use may include the delivery to you (including via email) of their marketing materials, or those of their affiliates or clients.
Company may also share information, including PII, collected in the following circumstances: (1) upon receipt of a properly authorized and authenticated governmental request for information; (2) in response to a subpoena or a courtorder; (3) to comply with relevant laws; (4) in response to an investigation of fraud regarding a specific costumer; or (5) in an effort to safeguard the person or property of a Company employee or a third party.
8. Copyright Infringement
In accordance with the Digital Millennium Copyright Act ("DMCA"),http://lcweb.loc.gov/copyright/
, Company has designated an agent to receive notifications of alleged copyright infringement associated with the Site. Company will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such materialas set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent: contact@iOSforums.com
. When notifying Company of the alleged copyright infringement, please include all of the following information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;
- Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If material is believed in good faith by Company to infringe a copyright orotherwise violate any intellectual property rights, Company will remove or disable access to any such material. If you believe that a notice of copyright infringement has been wrongly filed against you and you would like to submit a counter-notification, you may file a Counter-Notification in Response to Claim of Copyright Infringement with Company’s copyright agent, identified above. You may want to seek independent legal counsel before filing a notification or counter-notification.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITEAND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE OR IN THE FORUM POSTS, ARE PROVIDED ON AN "ASIS" AND "AS AVAILABLE" BASIS. COMPANY 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, TITLE, NON-INFRINGEMENT, INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND ACCURACY, AS WELLAS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, ORCOURSE OF PERFORMANCE. COMPANY MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT OR FORUM POSTS WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR IN THE FORUM POSTS IS USED AT YOUR OWN 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 SUCH CONTENT, MATERIAL AND/OR DATA.
10. Limitation ofLiability
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, INCURRED BY YOU OR ANY THIRD PARTY,WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE ANDSTRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE, THE FORUM POSTS OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE OR FORUM POSTS, OR OTHERWISE RESULTING FROM: (1) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS, ORWEBSITES, (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (3) THE STATEMENTS OR CONDUCT OF ANY THIRDPARTY ON THE SITE, OR (4) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF COMPANY WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OFLIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Company, its affiliates, shareholders, directors, officers, co-branders, subsidiaries,parents, employees and agents, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys’ fees and costs of litigation, arising out of, or in any way connected with your use of or access to the Site, your use of the Content or Forum Posts, your linking to the Site or your violation ofthese Terms.
12. Governing Law and Dispute Resolution
These Terms shall be governed by the laws of the state of California without regard to its choice of law rules. You consent to personal jurisdiction by the state and federal courts located in Orange County, California. Any dispute arising out of or in connection with these Terms or your use of any Content or this Site or your access toor links to this Site, shall be resolved by binding arbitration before a neutral arbitrator administered in Orange County, California, in accordance with its applicable arbitration rules, as then in effect.
14. Limitation of Actions
You agree that any claim or cause of action arising out of your use ofthe Site or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, not withstanding any statute of limitations or other law to the contrary. Within this period, any failure by Company to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
16. Contact Information
If you have any questions regarding these Terms or the Site, please contact Company at contact@iOSforums.com
,or by writing to:
17870 Newhope Street Suite 104-331
Fountain Valley, CA 92708