Inecom’s Right to Use Materials You Submit or Post. Unless there already exists a written agreement between you and Inecom (in which case the terms of such agreement will govern the submission of materials), when you submit or post any material (including any photos or videos) via the Site, you grant to Inecom, and anyone authorized by Inecom, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that Inecom choose, unless Inecom have entered into a written agreement to the contrary with you regarding submissions of materials. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant Inecom, and anyone authorized by Inecom, the right to identify you as the author of any of your postings or submissions by name, e-mail address or screen name, as Inecom deems appropriate. Inecom shall have no obligation of any kind with respect to such content, materials or information and is free to reproduce, use, disclose and distribute any portion of the submissions, including any ideas or information contained in the submissions for any purpose whatsoever. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. Unless otherwise agreed to in a separate written agreement (referred to in the first sentence of this paragraph), you will not receive any compensation of any kind for the use of any materials submitted by you.
Limitations on Linking and Framing. You are free to establish a hypertext link to Inecom’s Site so long as the link does not state or imply any sponsorship of your website or service by Inecom or HorribleOctopus.com. However, you may not, without Inecom’s prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of Inecom’s material, content or intellectual property including, without limitation, any of the Site.
Responsibility for User-Provided Content. This Site may include a variety of features, such as discussion forums, blogs, photo- and video-sharing pages, e-mail services and social networking features that allow feedback to Inecom and allow users to interact with each other on the Site and post content and materials for display on the Site. This Site also may include other features, such as personalized home pages and e-mail services, that allow users to communicate with third parties. By accessing and using any such features, you represent and agree: (i) that you have read and agree to abide by Inecom’s Community Rules (described below); (ii) that you are the owner of any material you post or submit, or are making your posting or submission with the express consent of the owner of the material; (iii) that you are making your posting or submission with the express consent of anyone pictured in any material you post or submit, (iv) that you are 13 years of age or older; (v) that the materials will not violate the rights of, or cause injury to, any person or entity; and (vi) that you will indemnify and hold harmless Inecom, Inecom’s affiliates and their respective officers, managers, members, employees and agents, from and against any liability of any nature arising out of or related to any content or materials displayed on or submitted via the Site by you or by others using your username and password. You also grant Inecom a license to use the materials you post or submit via such features, as described above under the header “Rights and Restrictions Relating to Site Content.”
Responsibility for what is posted on discussion forums, blogs, photo- and video-sharing pages, and other areas on the Site through which users can supply information or material, or sent via any e-mail services that are made available via the Site, lies with each user – you alone are responsible for the material you post or send. Inecom does not control the messages, information or files that you or others may transmit, post or otherwise provide on or through the Site.
Community Rules. This Site may include a variety of features, such as discussion forums, blogs, photo- and video-sharing pages, e-mail services and social networking features that allow feedback to Inecom and allow users to interact with each other on the Site and post content and materials for display on the Site. The Site also may include other features, such as personalized home pages and e-mail services, that allow users to communicate with third parties. By accessing and using any such features, you represent and agree that you will not:
• Restrict or inhibit any other user from using and enjoying the Site;
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks Inecom uses to provide the Site;
• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means;
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site;
• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component;
• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without Inecom’s express written approval;
• Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Site;
• Contact anyone who has asked not to be contacted;
• Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Site or otherwise engage in any acts that would constitute a violation of the CAN-SPAM Act of 2003, 15 U.S.C. §7701, et seq., or any state law prohibiting or regulating unsolicited commercial e-mails;
• Engage in personal attacks, harass or threaten, question the motives behind others’ posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other users;
• Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on Inecom’s infrastructure;
• Take or cause to be taken any action that disrupts the normal flow of postings and dialogue on Inecom’s Site (such as submitting an excessive number of messages – i.e. a flooding attack), or that otherwise negatively affects other users’ ability to use the Site and/or services; or
Inecom reserve the right to deny access to the Site or any features of the Site to anyone who violates these Community Rules or who, in Inecom’s sole judgment, interferes with the ability of others to enjoy the Site or who infringes the rights of others.
If you display one or more of the Site’s Feeds on your personal web site or personal blog, you must display the HorribleOctopus.com logo that is included in the Feed or otherwise state that the information is provided by Inecom. Information within the Feed(s) may not be changed, deleted or redistributed. Feeds from this Site may not be used on personal web sites or blogs that have advertising content appearing on the same page(s) as the Feeds.
A business or organization that wishes to distribute the Site’s Feeds on a web site, blog or other digital publication must first contact Inecom to receive permission.
Inecom reserves the right to disable, change or discontinue Feeds at any time, as well as the right to require any person, business or organization to cease the display of the Site’s Feeds at any time and for any reason. Inecom does not accept any liability for its Feeds. Use of the Feeds does not imply that Inecom endorses, promotes or supports any third-party organization, cause, product or service.
Site Copyright. All copyright rights to this Site, including rights to the work and designs provided by Inecom and compilations of listings materials organized for this Site, are owned by Inecom.
Copyright © 2019, Inecom, LLC. All rights reserved. Except as expressly provided herein, you cannot re-transmit, print or photocopy the materials on this Site for re-distribution in any medium without the written permission of Inecom.
Disclaimers. Throughout the Site, Inecom may provide links and pointers to Internet sites maintained by third parties. Inecom’s linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither Inecom nor Inecom’s parent or subsidiary companies nor any of Inecom’s respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by Inecom on the Site.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INECOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INECOM DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INECOM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
Your interactions with companies, organizations and/or individuals found on or through Inecom’s Site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that Inecom will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Site, or between a user and any third party, Inecom is under no obligation to become involved, and you agree to release Inecom and Inecom’s affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or Inecom’s Site.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL INECOM, OR INECOM’S SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF INECOM IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, INECOM’S LIABILITY AND THE LIABILITY OF INECOM’S SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT INECOM IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.