Overview and Important Definitions
TOU Acceptance and Agreement; Users and Subscribers.
(1.) By accessing this Site or by clicking or checking a box indicating “I agree,” “I accept,” or any similar expression of agreement, you agree to be legally bound by this TOU. (Please print a copy of this TOU for your records.) If you do not agree to the TOU, you are not authorized to use and you must cease using any Sites or Services.
(2.) If you accept this TOU on behalf of any other person(s) or organization(s), then you represent to ICO Facts that you are legally authorized to do so, and “you” or “your” therefore also includes those other person(s) or organization(s).
ICO Facts may revise and update this TOU at any time for any reason in its sole and absolute discretion, effective immediately on posting the same to the Sites. The TOU will indicate at the beginning (top of the page) the date on which the current TOU was last revised and effective. It is your responsibility to check the then-current TOU for any changes. YOU AGREE THAT THE MOST RECENT VERSION OF THIS TOU LEGALLY BINDS YOU FOR ANY OF YOUR ACCESS OR USE OF THE SITES AND ANY SERVICES, AND YOU FURTHER AGREE THAT THE MOST RECENT TOU VERSION SUPERSEDES AND REPLACES THE PRIOR VERSION AND BINDS YOU FOR THE ENTIRETY OF ANY UNEXPIRED AND ACTIVE TERMS OF YOUR SUBSCRIPTIONS TO ANY SERVICES.
User Obligations Regarding User-Generated Content
You assume the following obligations with respect to any information, profiles, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials that a you upload, publish, or display on or through Site, whether publicly posted or privately transmitted (“User-Generated Content”):
- You assume legal responsibility for all your User-Generated Content.
- You agree that no proprietary rights including but not limited to copyright, trademark, trade secret, publicity or privacy rights, or any other intellectual property rights are being violated by your posting, transmission or sharing of any User-Generated Content via the Site.
- You agree not to post, transmit, or share User-Generated Content on any Sites or Services that you:
- Lack authority or permission to post, transmit, or share, or
- That violates in any way the rights of other persons or solicits, encourages, or promotes illegal activities, including but not limited to activities that threaten, abuse in any way, harass, defame, libel, disparage, invade the privacy or publicity rights of other persons or that are vulgar, obscene, bigoted or hateful, profane, scandalous, obscene.
Services Limitations; Availability
ICO Facts may limit use of the Site at its discretion, including the frequency with which you may access any Sites or Services or your ability to post User-Generated Content. ICO Facts reserves the right to modify, update, interrupt, suspend or discontinue, temporarily or permanently, all or a part of the Site without notice. You agree that ICO Facts shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. You are also responsible for providing all equipment you use to access the Site.
User Indemnification of ICO Facts for Certain Actions
If you believe that your work has been used related to this TOU in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify ICO Facts ‘s copyright agent.
You must provide all of the following in writing: identify the copyrighted work that you claim has been infringed (or if multiple copyrighted works, then a representative list of such works); identify the content on the Services that you claim is infringing with enough detail so that ICO Facts may locate it; your statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; your statement declaring that the notification is accurate, and, under penalty of perjury, that you are the exclusive owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; information reasonably sufficient to permit ICO Facts to contact you, i.e. address, telephone number, and email address; and your physical or electronic signature.
On receiving your above notice, ICO Facts will take whatever action, in its sole discretion, it deems appropriate, including removal of the disputed use from the Site or termination of the posting account.