Welcome to the official Internet of Unintended Consequences (IoUC) web site located at www.tiouc.com (“Site”), which is operated by World Wide Editing, LLC and Law2sm, LLC (“IoUC,” “we,” or “us”).
This Agreement will remain in full force and effect, even if your use of or participation in the Site or any particular service, feature, function or promotional activity offered through the Site terminates, expires, ceases, is suspended or deactivated for any reason. If you do not agree with this Agreement, please do not participate in the Site or any features, activities or services offered through the Site.
The Site is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations.
This Site is offered and made available only to users 18 years of age or older who reside in the United States of America, its territories and possessions (“U.S.”). If you are not yet 18 years old or the required greater age for certain features, do not reside in the U.S. and/or do not meet any other eligibility requirements, please discontinue using the Site immediately or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least 18 years of age or other required greater age for certain features and meet any other eligibility and residency requirements of the Site.
These Terms were last revised on March 20, 2015.
A “Qualified Site” means a web site that displays no Objectionable content, is not owned or controlled by a competitor to IoUC and the content of which is not competitive to the Site.
“Objectionable” means as to any content, information in any medium or format, including without limitation text, data, graphics, audio, or video, that:
YOU MAY NOT UNDER ANY CIRCUMSTANCE:
The Site may contain end-user comments, and/or other interactive functions (collectively, “Site Forums”).
The functionality of the Site may allow you to:
You acknowledge that:
If you believe that IoUC has acted mistakenly with respect to certain information or other content, you may contact us at email@example.com, in which case we may investigate the matter further. We reserve the right, however, to take no further action.
You agree not to post any information that is Objectionable (See note on Objectionable Material). In the event that you post or make accessible communications or other materials that we determine in our sole discretion are Objectionable, IoUC shall terminate your access to the Site. If you believe that information remains on the Site that violates your rights, your sole remedy shall be against the person responsible for posting or storing it, not against us. If you believe that information remains on the Site that infringes your copyrights, you must follow the procedure set forth in Section 18 below.
Certain product, service, or company designations for companies other than IoUC may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where IoUC is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.
IoUC may change these Terms from time to time. Your continued use of this Site following the posting of any changes to the Terms constitutes your acceptance of those changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Site in any way, your only recourse is to immediately terminate use of the Site.
IoUC reserves the right to modify or terminate these Terms or your access to the Site (or portions of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Sections 1, and 3-20 of these Terms shall survive any termination of these Terms or your right to access to the Site. You acknowledge and agree that IoUC will not be liable to you or any third party in the event that IoUC 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.
If IoUC offers products and services through applications available on your wireless or other mobile Device (such as a mobile phone) (the “Mobile Application Services”), these Mobile Application Services are governed by the Additional Terms governing the applicable Mobile Application Service. We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information to ensure that your messages are not sent to the person that subsequently acquires your old number.
Under no circumstances will IoUC or any IoUC Affiliates be responsible for any wireless email, text messaging or other charges incurred by a user (or any person that has access to a user’s wireless device, telephone number, or email address) using any Mobile Application Services.
From time to time, IoUC, IoUC’s Affiliates’ or the Site’s operational service providers, suppliers, and Advertisers, may conduct promotions on or through the Site, including, without limitation, contests and sweepstakes (“Promotions”). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
Please note that we cannot be responsible for the effects of any third party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IOUC 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, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. IOUC MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT:
IoUC may provide you with access via the Site to end-user submitted content provided by other users of the Site. We do not control the content or subject matter of this content You may find the content to be offensive, harmful, inaccurate, or deceptive. Any opinion, idea, or view expressed in that content is the responsibility of the applicable author and IoUC does not endorse any such opinion, idea, or view. By using this Site, you agree to accept such risks and IoUC is not responsible for the content or subject matter of the user submitted content or comments.
IN NO EVENT SHALL IOUC OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION, IN CONTRACT, OR TORT, ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, EVEN IF SUCH PARTY 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 OF LIABILITY IN SOME CIRCUMSTANCES.
ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless IoUC, its affiliates, shareholders, directors, officers, employees, contractors, and agents, from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, arising out of, or in any way connected with:
In the event that you have a dispute with one or more users, you release IoUC (and our officers, directors, agents, contractors, affiliates, parents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Content or this Site or your access to or links to this Site, shall be resolved by arbitration before three neutral arbitrators in the State of Georgia in accordance with its Commercial Arbitration Rules, as then in effect. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available from the arbitrators to parties. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Both parties hereby consent
You are solely responsible for your interactions with other users. IoUC reserves the right, but has no obligation to monitor communications and any disputes between you and other users.
If any provision of these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms will remain in effect. IoUC’s failure to act with respect to a breach by any person using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of Georgia without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.
We respect the rights of all copyright holders and, in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who post materials on the Site that infringe the rights of copyright holders. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:
The Software is further subject to United States export controls and economic sanction requirements. No Software may be downloaded from the Services or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software or Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
If you have any questions regarding these Terms or the Site, please contact IoUC at firstname.lastname@example.org.
(c) 2016 Law2sm, LLC and WWEditing All rights reserved.