Date of Last Revision: September 20, 2012
National Resources Management Systems, Inc. (“^IfMine” or “we”) operates http://ifmine.com (the “Website”), which is an idea and project sharing networking website designed to share ideas and projects with others. Please read these terms of service (“Agreement”) carefully before using the Website or any services provided on the Website (collectively, “Services”).
This Agreement sets forth the legally binding terms for your use of the Services. By using or accessing the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website, including through a mobile device, or otherwise use the Services without being registered) or you are a “Member” (which means that you have registered with ^IfMine). The term “User” refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Website and discontinue use of the Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.
This Agreement includes ^IfMine’s policy for acceptable use of the Services and Content (as defined in Section 6 below) posted on or through the Services and your rights, obligations and restrictions regarding your use of the Services and Content posted on or through the Services. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from ^IfMine. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
^IfMine may modify or revise this Agreement from time to time. Your continued use of the Services after ^IfMine posts a revised Agreement signifies your acceptance of the revised Agreement. We may attempt to notify you when major changes are made. It is therefore important that you review this Agreement regularly to ensure you are updated to any changes.
Please choose carefully the information you post on or through the Services and that you provide to other Users. Your ^IfMine profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other ^IfMine Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and ^IfMine assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please report such misuse to ^IfMine.
^IfMine reserves the right, in its sole discretion, to reject, refuse to post or remove any material posted by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. ^IfMine expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Services if ^IfMine determines, in its sole discretion, that you have violated this Agreement or pose a threat to ^IfMine and/or its Users.
Eligibility. Use of the Services and registration to be a Member for the Services (“Membership”) is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) if you are an individual, you are 13 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. No one under the age of 13 may provide any personal information to or on the Website (including, for example, a name, address, telephone number or email address).
Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason. ^IfMine may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
Fees. You acknowledge that ^IfMine reserves the right to charge fees for any portion of the Services and to change its fees (if any) from time to time in its discretion upon thirty (30) days notice.
Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify ^IfMine immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Use by Members. The Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by ^IfMine. You may not advertise or promote a commercial product or service that is not available through the Services. Illegal and/or unauthorized use of the Services, including collecting usernames, user ID numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. ^IfMine reserves the right to take appropriate legal action for any illegal or unauthorized use of the Services.
Proprietary Rights in Content on ^IfMine.
^IfMine does not claim any ownership rights in any images, illustrations, graphics, user interface elements, text, applications, or any other materials (collectively, “Content”) that you post on or through the Services. After posting your Content to the Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (“posting”) any Content on or through the Services, you automatically grant and represent and warrant that you have the right to grant to ^IfMine a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Services, including without limitation distributing part or all of the Website in any media formats and through any media channels. This limited license does not grant ^IfMine the right to sell or otherwise distribute your Content outside of the Services. This limited license allows ^IfMine to share such content in a manner associated with the Services (as example: a restricted project is shared by anyone invited to the project). After you remove your Content from the Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.
The license you grant to ^IfMine is transferable, non-exclusive, fully-paid and royalty-free, sublicensable, and worldwide.
You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Services.
The Services contain Content of ^IfMine (“^IfMine Content”). ^IfMine Content is protected by copyright, trademark, patent, trade secret and other laws, and ^IfMine owns and retains all rights in the ^IfMine Content and the Services. ^IfMine hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the ^IfMine Content (excluding any software or database coding) solely for your personal, non-commercial use in connection with viewing the Website and using the Services. For permission to use our materials for other purposes, please send an e-mail to [email protected]. If you wish to use third-party materials appearing on the web site, you must contact the copyright owner of such materials.
The Services contain Content of Users and other ^IfMine licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services, except by means provided within the Services.
^IfMine performs technical functions necessary to offer the Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Services.
Content Posted.
^IfMine may reject, refuse to post or delete any Content for any or no reason, including, without limitation, Content that in the sole judgment of ^IfMine violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. ^IfMine assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time ^IfMine chooses, in its sole discretion, to monitor the Services, ^IfMine nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. You can not post, transmit, or share Content on Services that you do not have permission to post.
Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Services. ^IfMine reserves the right to investigate and take appropriate legal action against anyone who, in ^IfMine’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of ^IfMine:
is offensive, obscene, defamatory, slanderous, harassing, abusive, threatening or promotes racism, bigotry, hatred or physical harm of any kind;
contains offensive subject matter;
solicits personal information from anyone under 18;
publicly posts information that poses or creates a privacy or security risk to any person;
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
violates or promotes the violations of the privacy rights, publicity rights, copyrights, trademark, intellectual property rights, contract rights or any other rights of any person
involves the transmission of “junk mail,” or unsolicited mass mailing, “spamming,” or “pyramid schemes”;
furthers or promotes any criminal activity or enterprise, provides instructional information about illegal activities, or otherwise creates liability or violates any local, state, national, or international law;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, pyramid schemes, or any other form of solicitation;
is objectionable or which restricts or inhibits any other User from using or enjoying Services, or which may expose ^IfMine or its Users to any harm or liability of any type;
Uploading or transmitting materials through the Services which: (i) restrict or inhibit any other Users from using and enjoying the Services; (ii) contain a virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, telecommunications equipment or system; (iii) are intended to violate system integrity, including the use of any device, software or routine to interfere with the proper working of the Services; (iv) monitor or copy content on the Services by using any robot, spider, crawler or other automatic device or manual process, without our prior written permission; or (v) impose an unreasonable or disproportionately large load on ^IfMine’s infrastructure.
Commission of these or other illegal, fraudulent or deceptive acts may subject you to sanctions, including termination of your access to the Services, and possible civil or criminal liability. ^IfMine has the right, but not the responsibility to eliminate or remove any content or terminate your access to all or any part of the Services if you violate these restrictions.
^IfMine may preserve and disclose content or user information if required to do so by law or in the good faith belief that doing so is necessary to: (i) comply with legal process; (ii) enforce these terms; (iii) respond to claims that any content violates the rights of third parties; (iv) protect the rights, property, or personal safety of ^IfMine, any other Users or the public; or (v) administer the Services.
Protecting Copyrights and Other Intellectual Property.^IfMine respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. ^IfMine has the right to terminate the Membership of infringers.
If you believe your work has been copied and posted on or through the Services in a way that constitutes copyright infringement, please send ^IfMine’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work(s) claimed to have been infringed; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. ^IfMine’s Copyright Agent for notification of claimed infringement can be reached at the following e-mail address: [email protected] Attention Copyright Agent.
Member Disputes. You are solely responsible for your interactions with other ^IfMine Members. ^IfMine reserves the right, but has no obligation, to monitor or become involved in any way with disputes between you and other Members.
Privacy. Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers. ^IfMine is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services and such User Content does not necessarily reflect the opinions or policies of ^IfMine. Profiles and third party applications created and posted by Members on the Website may contain links to other websites. ^IfMine is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by ^IfMine. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by ^IfMine. When you access these third party sites, you do so at your own risk. ^IfMine takes no responsibility for third party advertisements or third party applications that are posted on or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. ^IfMine is not responsible for the conduct, whether online or offline, of any User of the Services. ^IfMine assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. ^IfMine is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall ^IfMine be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at an ^IfMine event, from any User Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided “AS-IS” and as available and ^IfMine expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ^IfMine cannot guarantee and does not promise any specific results from use of the Services.
Limitation on Liability. IN NO EVENT SHALL ^IFMINE, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ^IFMINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ^IFMINE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ^IFMINE FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls. Software available in connection with the Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Arbitration. YOU AND ^IFMINE AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration will be in Cleveland, Ohio, unless otherwise agreed to by the parties, and the allocation of costs and fees for such arbitration shall be in and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.
Governing Law. By visiting or using the ^IfMine site and or Services, you agree that the laws of the State of Ohio, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and ^IfMine or any of its affiliates.
Jurisdiction. With respect to any disputes, actions or claims that may not be subject to arbitration (as set forth in Paragraph 15), and with respect to any disputes, actions or claims relating in any manner to an arbitration proceeding or the enforcement of an arbitration award against ^IfMine, you and ^IfMine agree that any and all such disputes, actions or claims shall be brought exclusively and only in the United States District Court for the Northern District of Ohio or the Cuyahoga County, Ohio Court of Common Pleas (and in no other courts). With respect to all such disputes, actions or claims, you hereby consent to jurisdiction and venue in those courts, and you waive all defenses of lack of personal or subject matter jurisdiction, forum non conveniens, improper venue, or similar defenses.
Indemnity. You agree to indemnify, defend and hold ^IfMine, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Services causes ^IfMine to be liable to another.
Acceptance. This Agreement is accepted upon your use of the ^IfMine Website or any of the Services and is further affirmed by you becoming a Member.
Entire Agreement. This Agreement constitutes the entire agreement between you and ^IfMine regarding the use of the Services.
No Waiver. The failure of ^IfMine to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Severability. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact ^IfMine at [email protected] with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
