Last Updated:
November 10, 2010
NEOFUSION
WEBSITE TERMS OF USE
This website, www.neofusion.com
(the “NeoFusion Website”), is owned and operated by NeoFusion, LLC (referred to
as "NeoFusion,” “we," "us" or "our"), a limited liability company organized
under the laws of Florida.
PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING THE
NEOFUSION WEBSITE.
By using this NeoFusion Website you agree to these terms of use (the “Terms”).
If you do not agree to the Terms, please do not use the NeoFusion Website. We
reserve the right, at our discretion, to change, modify, add or remove portions
of the Terms at any time. Please check these terms periodically for changes.
Your continued use of the NeoFusion Website following the posting of changes to
the Terms will mean you accept those changes.
The NeoFusion Website, including but not limited to all
text, graphics, logos, icons, images, data, graphs, audio, videos, computer
programs and other material and information contained on, or utilized in the
provision of, the NeoFusion Website is the property of NeoFusion or its
suppliers and is protected by copyrights, trademarks, trade secrets, patents or
other proprietary rights. NeoFusion hereby grants you a limited, nonexclusive,
non-transferable, personal license to use the NeoFusion Website for persona or,
informational purposes only. You may print and/or download and store portions of
NeoFusion Website for personal use only, provided that you retain all copyright
and other proprietary notices contained on the NeoFusion Website. Except as
expressly authorized by NeoFusion in writing, you may not use, copy, distribute,
modify or create derivative works from, disclose, display, transmit, or post or
any portion of the NeoFusion Website for any purpose or“frame" or "mirror" the
NeoFusion Website on any other server or wireless or Internet-based device. All
rights not expressly granted herein are reserved to NeoFusion and/or its
licensors.
To use certain features of the
NeoFusion Website, purchase services from NeoFusion or participate in certain
activities sponsored by NeoFusion, we might ask you to register as a customer,
user or participant.
If so requested, each NeoFusion Website user
must: (1) personally provide true, accurate, current and complete information on
the NeoFusion Website's registration form (collectively, the "Registration
Data") and (2) maintain and promptly update the Registration Data as necessary
to keep it true, accurate, current and complete. If, after investigation,
NeoFusion has reasonable grounds to suspect that any user's information is
untrue, inaccurate, not current or incomplete, NeoFusion may suspend or
terminate any and all current or future use of the NeoFusion Website by that
user. A
user may receive passwords and account designations upon completing certain
NeoFusion Website registration processes and is wholly responsible for
maintaining the confidentiality of such passwords or designations.
CONTENT
SUBMISSIONS
All information, data, text,
software, music, sound, photographs, graphics, video, messages, or any other
materials whatsoever, whether posted or transmitted to NeoFusion or the
NeoFusion Website, shall be collectively referred to as the “Content.”
The
submitting user retains ownership of Content.
Notwithstanding the user’s ownership, the
submitting user grants NeoFusion the royalty-free, world-wide perpetual,
non-exclusive, transferable license to NeoFusion to use, reproduce,
publish, distribute and display such Content
solely on or through the NeoFusion Website.
NeoFusion has not, and will not, review,
monitor or edit the Content for accuracy, timeliness, integrity or completeness.
NeoFusion shall have the right (but not the obligation) in its sole discretion
to refuse or delete any Content that it considers to violate the Terms or be
otherwise illegal. NeoFusion, in its sole and absolute discretion, may preserve
Content and may also disclose Content if required to do so by law, judicial or
governmental mandate or, to protect the rights, property, or personal safety of
NeoFusion Website users and the public.
We ask you to follow these
rules when submitting Content: (1) you shall not upload to, distribute through
or otherwise publish through the NeoFusion Website any Content that is libelous,
defamatory, obscene, pornographic, invasive of privacy or publicity rights,
abusive, that would constitute or encourage a criminal offense or that would
otherwise give rise to liability or violate any law; (2) you shall not use the
NeoFusion Website to post Content that promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual, or that could be
harmful to minors or that harasses or advocates harassment of another person;
(3) you will use this NeoFusion Website only in a manner consistent with all
laws and regulations and in accordance with the Terms; (4) you will not
impersonate any person or entity, misrepresent any affiliation with another
person, entity, or association, use false IP addresses or headers, or otherwise
conceal your identity from NeoFusion; (5) you will only submit Content for which
you have the copyright or other specific permission to distribute; and (6) you
will not violate, plagiarize, or infringe on the rights of third parties
including copyright, trademark, trade secret, privacy, publicity or proprietary
rights. NeoFusion
shall not be liable in any way for any Content.
CHILDREN
The NeoFusion Website is not intended for use by
children. If you are under 13, you may not submit or post any information or
material on the NeoFusion Website or otherwise provide such information to
NeoFusion, including but not limited to personally identifiable information.
NeoFusion may terminate your
use of the NeoFusion Website for: (1) breach of these Terms; (2) your abuse of
NeoFusion Website resources or attempt to gain unauthorized entry to the
NeoFusion Website; or (3) as required by law, regulation, court or governing
agency order.
NeoFusion's termination
of any user's access to the NeoFusion Website may be effected without notice
and, on such termination, NeoFusion may immediately bar any further access to
the NeoFusion Website. NeoFusion shall not be liable to any user or other third
party for any termination of that user's access to the NeoFusion Website.
In the event of termination, NeoFusion reserves
the right to delete or save a user’s Content at NeoFusion’s sole discretion.
The NeoFusion Website may
provide links to other websites. NeoFusion exercises no control whatsoever over
such other websites and is not responsible or liable for the availability,
content, advertising, products or other materials on such websites. Your access
and use of such linked websites, including information, material, products and
services therein, is solely at your own risk.
LIMITED WARRANTY
AND DISCLAIMER; LIMITATION OF LIABILITY
EACH USER'S USE OF THE NEOFUSION WEBSITE IS AT HIS OR
HER SOLE RISK. THE NeoFusion WEBSITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. NeoFusion
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 AND NON-INFRINGEMENT. NEOFUSION SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE NeoFusion WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
"NEOFUSION” is a trademark of
NeoFusion. All other marks, names, and logos mentioned on the NeoFusion Website
are the property of NeoFusion or their respective owners. Your use of the
NeoFusion trademarks and other marks, names and logos set forth on the NeoFusion
Website without prior written consent is strictly prohibited.
NeoFusion respects the
intellectual property rights of others, and requires that the people who use the
NeoFusion Website do the same. It is our policy to respond promptly to claims of
intellectual property misuse.
If you believe that
your work has been copied and is accessible on this NeoFusion Website in a way
that constitutes copyright infringement, you may notify us by providing our
copyright agent with the following information in writing:
(1) the electronic or
physical signature of the owner of the copyright or the person authorized to act
on the owner's behalf;
(2) identification of the copyrighted work that you
claim has been infringed;
(3) identification of the material that is claimed to
be infringing and information reasonably sufficient to permit NeoFusion to
locate the material, including the full URL;
(4) your name, address, telephone number, and email
address; (5) 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;
and (6) a statement, made
under penalty of perjury, that the above information in your notice is accurate
and that you are the copyright owner or are authorized to act on the copyright
owner's behalf.
Our
designated agent to receive notification of claimed infringement under the
Digital Millennium Copyright Act of 1998 is:
New Counsel, PLC
233 Park Avenue, Suite 203
Minneapolis, Minnesota
55415
612-659-8443
jroberts@newcounsel.com
PRIVACY
NeoFusion agrees to treat your private personally identifiable information in
accordance with the terms of our then current privacy policy, which is
incorporated herein for all purposes, and which is available for review at
http://www.neofusion.com/privacy/ or by sending an e-mail request to:
privacy@neofusion.com.
The
Terms constitute the entire agreement between each user and NeoFusion and govern
each user's use of NeoFusion Website, superseding any prior agreements. The
Terms and the relationship between each user and NeoFusion shall be governed by
the laws of the State of Minnesota without regard to its conflict of law
provisions and each party shall submit to the personal and exclusive
jurisdiction of the courts located within the county of Hennepin, Minnesota.
This NeoFusion Website is controlled and
operated by NeoFusion from its offices within the State of Minnesota, United
States of America. NeoFusion makes no representation that materials in the
NeoFusion Website are appropriate or available for use in other locations. Those
who choose to access this NeoFusion Website from other locations do so on their
own initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable.
If any provision of the Terms is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Terms remain in full
force and effect. Nothing herein shall be deemed to create an agency,
partnership, joint venture, employee-employer or franchisor-franchisee
relationship of any kind between NeoFusion and any user.