A. YOU AGREE NOT TO SUBMIT INAPPROPRIATE CONTENT. Inappropriate content includes any content that:
infringes upon or violates the copyrights, trademarks or other intellectual property rights of any person
is libelous or defamatory
is obscene, pornographic, sexually explicit, or vulgar
violates a person’s right to privacy
violates any local, state, national, or international law
contains or advocates illegal or violent acts
degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability, or other classification
is predatory, hateful, or intended to intimidate or harass, or contains derogatory name-calling
contains a solicitation of any kind
misrepresents your identity or affiliation
is in poor taste or is otherwise objectionable
B. YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR THE CONTENT THAT YOU SUBMIT. You will promptly remove any content that you have posted should you discover that it violates these rules or that it is otherwise inappropriate. You will indemnify Fusion and its limited liability company members, affiliates and their subsidiaries, and its and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any claim brought by any third party relating to content you have posted.
C. YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY USER SUBMITTED CONTENT. You further understand that we have the right, but not the obligation, to monitor submissions and we may remove content that we deem inappropriate for any reason whatsoever without consent. We further reserve the right, in our sole discretion, to remove a user’s privilege to post content on our site. We may reject or remove any comment at any time, with or without notice to you.
D. YOU CERTIFY THAT YOU ARE AT LEAST 13 YEARS OF AGE. If you are under the age of 13, please do not submit any content to us. If you are under the age of 18 but at least 13 years of age, you may submit content only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these rules for the benefit of an individual between the ages of 13 and 18, please be advised that you are fully responsible for his or her submissions and any legal liability that he or she may incur.
E. YOU CERTIFY THAT YOU HAVE THE PERMISSION OF OTHERS WHO HAVE CONTRIBUTED TO OR ARE FEATURED IN ANY CONTENT THAT YOU SUBMIT. If there are any individuals under the age of 18 in any photos, video, or other content that you submit, you must obtain the permission of each such individual’s parent or legal guardian prior to submitting the content.
F. YOU ACKNOWLEDGE AND AGREE ANY USE AND/OR RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE INTERACTIVE FORUMS AT YOUR OWN RISK. We are not in any manner endorsing the content of the interactive forums and cannot and will not vouch for its reliability.
G. FOR ANY CONTENT THAT YOU SUBMIT, YOU GIVE US PERMISSION TO USE SUCH CONTENT. You hereby grant to Fusion a royalty-free, irrevocable, perpetual, worldwide, exclusive, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, display, and otherwise exploit such content, in whole or in part in any form, media or technology now known or later developed.
Additional Terms & Conditions
In order to access Identifying.org’s website and make use of its online services, you must enter into this agreement (which would cause you to be bound by all of its terms and conditions). We strongly advise that before reaching a decision as to whether you are willing to enter into this agreement, you print this agreement in its entirety and review it carefully and thoroughly to confirm that its terms and provisions fully meet with your approval. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE.
Identifying.org (“Identifying.org”) is the owner of this website. This agreement governs your use of Identifying.org’s website and online services as the same now exist and may be hereinafter modified (“Online Services”). By continuing to access or use this site, you thereby will have accepted, and will have acknowledged, understood and agreed to be bound by, all of the terms and conditions set forth in this Agreement (just as if you had signed this Agreement), including without limitation of the foregoing, those terms and conditions of this Agreement which relate to payments by you for access to the Online Service and those terms and conditions of this Agreement restricting the use of the Content (as hereinafter defined).
Identifying (“Identifying.org”) provides the services subject to these TOS. From time to time, Identifying.org may modify these TOS at any time for any reason in its sole discretion, without notice. Identifying.org may post an alert to registered users of a change to these TOS (either on the homepage or via email). Accordingly, please continue to review these TOS whenever accessing or using this site and the Service. Your use of the site, or any Service on this site, after the posting of modifications to these TOS will constitute your acceptance of the TOS of service, as modified. If, at any time, you do not wish to accept the TOS, you may not use the site. Any TOS proposed by you which are in addition to or which conflict with these TOS are expressly rejected by Identifying.org and shall be of no force or effect.
1. User Consent to Terms and Conditions of Service.
2. Intellectual Property.
This Web site, including but not limited to text, content, photographs, video, audio, graphics software and source code (the “Service”), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries, and may not be displayed, reproduced, distributed, modified or used in any other manner except with the written permission of Identifying.org. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service or the TOS. The Content on this Web Site is for personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Web Site or the Content without Provider’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above. You may not use or otherwise export or re-export the Web Site or any portion thereof, the Content or any software available on or through the Web Site in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Web Site or its Content is prohibited.
3. Use of Material
Identifying.org authorizes you to access and use the Service solely for your personal, non-commercial use. You may not sell or modify the Service, and you may not reproduce, display, publicly perform, distribute, or otherwise use the Service in any way for any public or commercial purpose. As an express condition of your use of the Service, you warrant to Identifying.org that you will not use the Service for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Service automatically terminates and you must immediately destroy any copies you have made of any material obtained through the Service. Identifying.org makes no representation that the Service is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States from which you may access the Service.
4. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Identifying.org, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Identifying.org does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is inaccurate, incomplete, offensive, indecent or objectionable. Under no circumstances will Identifying.org be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
Harm minors in any way;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Intentionally or unintentionally violate any applicable local, state, national or international law;
“Stalk” or otherwise harass another; or
Collect or store personal data about other users.
5. Use Of Web Forums At Your Own Risk.
The Identifying.org Service may contain bulletin board services, chat areas, news groups, forums, communities and other message and communication facilities (collectively “Forums”). Identifying.org does not control the files, information, or messages (collectively, “Information”) delivered to or displayed in the Forums, unless otherwise noted therein, and Identifying.org assumes no duty to, and does not, monitor or endorse Information within the Forums, nor does Identifying.org represent or guarantee the truthfulness, accuracy or reliability thereof or that the Information complies with the terms of these TOS. Identifying.org reserves the right at all times to edit, refuse to post, or to remove any Information, in whole or part, that Identifying.org, in its sole discretion, deems inappropriate for inclusion in the Forums. Identifying.org reserves the right to expel you from or suspend your access to some or all of the Forums for violating the law or these TOS. The Forums are public and not private communications and may be read by others without your knowledge or permission. Although a particular community may have a policy of limited membership or access, Identifying.org shall have no liability if unauthorized persons nevertheless obtain access to the community. Your use of the Forums is at your own risk and you must be careful about disclosing your personal information. You acknowledge and agree that Identifying.org may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOS; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of Identifying.org, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and Identifying.org may need to make changes to conform and adapt to technical requirements of connecting networks or devices.
6. Restrictions on Use.
You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of Identifying.org. You agree to protect the proprietary rights of Identifying.org and all others having rights in the Service and Content during and after the term of this agreement and to comply with all reasonable written requests made by Identifying.org or its suppliers of content, equipment or otherwise to protect their and others’ contractual, statutory and common law rights in the Service. You agree to notify Identifying.org in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
7. Further Restrictions on Use.
YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. MODIFICATION OF THE SERVICE’S CONTENT WOULD BE A VIOLATION OF Identifying.org’S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF Identifying.org. FURTHERMORE, YOU MAY NOT USE ANY OF Identifying.org’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH Identifying.org’S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF Identifying.org’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE.
YOU FURTHER AGREE THAT YOU MAY NOT USE WEB-ACCELERATED BROWSERS OR PRODUCTS (INCLUDING BUT NOT LIMITED TO NETJET, NETSONIC, MSIECRAWLER AND TELEPORT-PRO), OR OTHER APPLICATIONS THAT ARE CAPABLE OF COPYING LARGE PORTIONS OF CONTENT FROM THE SITE. Identifying.org CAN DETECT THE USE OF THESE SYSTEMS THROUGH LIVE LOGFILE ANALYSIS AND WILL BAN ANY FUTURE USE BY OFFENDERS. YOU MAY NOT USE ANY DEVICE, SOFTWARE OR ROUTINE OR THE LIKE TO INTERFERE OR ATTEMPT TO INTERFERE WITH ANY SITE FUNCTIONALITY; TAKE ANY ACTION THAT IMPOSES AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON THE SITE INFRASTRUCTURE; USE ANY E-MAIL ADDRESSES APPEARING ON THE SITE FOR PURPOSES NOT RELATING SPECIFICALLY TO THE SITE; ACCESS THE SITE BY ANY MEANS OTHER THAN THROUGH THE INTERFACE THAT IS PROVIDED BY Identifying.org, OR ATTEMPT TO ACCESS ANY AREA OF THE SITE TO WHICH YOUR ACCESS IS NOT AUTHORIZED; OR REVERSE ENGINEER, REVERSE ASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE RELATING TO THE SITE, EXCEPT TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION.
You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by Identifying.org ONLY for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you.
9. Rights Reserved.
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and Identifying.org, at all times be and remain the sole and exclusive property of Identifying.org. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Identifying.org for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use Identifying.org’s Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Identifying.org’s prior written approval.
10. Fees and Payments.
(a) You agree to make payments to Identifying.org in accordance with the pricing option you selected. Such payment option has been selected by you by clicking on the selected option. The payment option as of the date of this Agreement is for twelve months.
(b) You acknowledge, understand and agree that such charges shall be billed to your credit card.
(c) In the event that these charges are subject to use or sales tax, you agree that any such tax shall be added to such charges and shall result in additional charges to your credit card.
You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by Identifying.org or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services. Certain portions of the Service or the Service as a whole may require a prepaid fee (“Prepaid Fee”). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless Identifying.org receives all fees and charges payable by you, including the Prepaid Fee.
11. Registration and Account Creation.
As part of the registration and account creation process necessary to obtain access to portions of the Service that require a fee or payment, you will select a subscriber identification ID and a password. You will provide Identifying.org with certain registration information, all of which must be accurate and updated. You shall not (i) select a subscriber ID already used by another person; (ii) use a subscriber ID in which another person has rights without such person’s authorization; or (iii) use a subscriber ID or password that Identifying.org, in its sole discretion, deems offensive or inappropriate. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Identifying.org at firstname.lastname@example.org of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are solely responsible for all usage or activity on your Identifying.org account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in Identifying.org’s sole discretion, and Identifying.org may refer you to appropriate law enforcement agencies. You may terminate your account at any time by sending an e-mail to email@example.com. Upon termination, you will receive confirmation via e-mail that the request was received, and your account will be terminated within two (2) business days. You are responsible for all charges, if any, incurred up to the time the account is terminated.
12. Disclaimer and Limitation of Liability.
YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS OR ADVERTISEMENTS (THE “ITEMS”) ARE PROVIDED “AS IS” AND THAT Identifying.org MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. Identifying.org does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or “Trojan horses” and is not liable for any damage you may suffer as a result of any such destructive features. You agree that Identifying.org, its suppliers and its third-party agents shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence of Identifying.org, its employees, subcontractors, agents, suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Identifying.org by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by Identifying.org. Identifying.org is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service. Identifying.org does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Service or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service. Identifying.org is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that Identifying.org and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.
13. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Identifying.org, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A Identifying.org AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Identifying.org’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.
In agreeing to the foregoing, you acknowledge and understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected and in accordance with such waiver, you hereby acknowledge that you have read and understand, and expressly hereby waive with respect to any such claims any and all rights and benefits of, Section 1542 of the Civil Code of California, which states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
14. Representations and Warranties.
You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Service only as set forth in the TOS.
You agree to indemnify and hold Identifying.org, and its subsidiaries, affiliates, officers, agents, suppliers, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Either you or Identifying.org may terminate the TOS with or without cause at any time and effective immediately. You may terminate the TOS by discontinuing use of the Service and destroying all materials obtained from the Service. The TOS will terminate immediately without notice from Identifying.org if you, in Identifying.org’s sole discretion, fail to comply with any provision of these TOS. Upon termination by you or upon notice of termination by Identifying.org, you must immediately cease all use of the Service and destroy all materials obtained from the Service and any copies thereof. This Agreement and the license rights granted hereunder shall remain in effect during the entire term of the AGREEMENT. SUBSCRIBER may choose to cancel during the term of the AGREEMENT. Regardless of the reason for cancellation or termination, the periodic access/subscription fees paid by SUBSCRIBER are non-refundable. If SUBSCRIBER has made an advance payment for access, the advance payment paid by SUBSCRIBER is non-refundable, regardless of the reason for cancellation. Identifying.org reserves the right to immediately terminate SERVICE upon failure of SUBSCRIBER to make payment when due or if SUBSCRIBER violates any of the terms and conditions of this Agreement.
17. Governing Law.
The TOS shall be governed and construed in accordance with the laws of the United States and the State of California, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles County in the State of California with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.
18. Access Outside the United States.
Identifying.org does not represent that materials in the Service are appropriate or available for use in countries outside the United States. If you choose to access the Service from outside the United States, you are responsible for compliance with foreign and local laws.
You accept that Identifying.org has the right to change the Content or technical specifications of any aspect of the Service at any time at Identifying.org’s sole discretion. You further accept that such changes may result in your being unable to access the Service.
The section titles in the TOS are used solely for the convenience of you and Identifying.org and have no legal or contractual significance.
If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.
22. Entire Agreement.
The TOS and any other terms and conditions of service on Identifying.org, and its successor, constitute the entire agreement between you and Identifying.org and govern your use of the Service.
23. Copyright Agent
Identifying.org respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Identifying.org’s Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
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;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
This agreement may not be assigned, in whole or in part, by you without the express prior written approval of Identifying.org.
25. Force Majeure
Identifying.org shall not be liable or deemed to be in default for any delays or failure in performance or interruption of the Services resulting directly or indirectly from any cause of circumstances beyond the control of Identifying.org, including but not limited to, Acts of God, acts of public enemy, war, accident, fires, electrical failures, telephone system failures, restraining orders or decrees of any court, strikes, postal delays, explosions, governmental orders, or regulations.
26. Passwords & Security.
You are entirely responsible for maintaining the confidentiality of your Identifying.org password and account. Furthermore, you are entirely responsible for any activities that occur through your account. If you need to change your password for any reason you can do so via our website, or contact us via email at firstname.lastname@example.org. Please notify Identifying.org immediately of any unauthorized use of your account or any other breach of security.
28. Forums/Message Boards.
The Identifying.org Forums are moderated, but the material posted in these areas is the SOLE responsibility of the individual authors. Identifying.org is not responsible or liable for any intentional or unintentional misrepresentations by the individuals utilizing our message board. Identifying.org reserves the right to remove message board submissions deemed inappropriate to the purpose of this website. In addition, your use of the message is a privilege and is not part of the subscription fee to use and access the site. You can and will lose your right to use the message board if you do not follow the message board/forum guidelines.
29. Revised Terms.
You acknowledge that Identifying.org may, from time to time, post revisions to these Terms of Service, with or without notice.
30. License of Your Content to Identifying.org.
By uploading content to or submitting any materials for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) Identifying.org a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.
This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. Identifying.org will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials.
Sections of this Web Site require you to register and subscriber to our services. If registration is requested, you agree to provide Identifying.org with accurate, complete registration information. It is your responsibility to inform Identifying.org of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. Identifying.org does not permit a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Identifying.org immediately by emailing: email@example.com.
33. Errors and Corrections.
Identifying.org does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Identifying.org does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. Identifying.org may make improvements and/or changes to its features, functionality or Content at any time.
34. Unauthorized Use
SUBSCRIBER also agrees that any unauthorized use of the SERVICE (and any data derived there from) may result in immediate termination of the Agreement, without refund of any pre-paid fees. SUBSCRIBER represents and warrants that the information provided during the subscription process is true and accurate. Identifying.org reserves the right to terminate SUBSCRIBER’s access to the SERVICE in the event that SUBSCRIBER provides any false information to Identifying.org as part of the subscription process, without refund of any pre-paid fees. In the event of such termination, SUBSCRIBER will continue to be liable for applicable fees for the period prior to termination, together with such other remedies as to which Identifying.org may be entitled.
35. Password Disclosure
SUBSCRIBER shall select a unique user name and password to obtain access to the SERVICE. SUBSCRIBER shall be solely responsible for the confidentiality and use of the SERVICE using SUBSCRIBER’s user name and password. SUBSCRIBER shall be solely responsible for any and all activity, including without limitation, any and all charges incurred by a third party under SUBSCRIBER’s user name and password. SUBSCRIBER shall not share the username and ID with any third party, and SUBSCRIBER will provide Identifying.org with accurate, complete registration information (including in particular SUBSCRIBER’s e-mail address) and inform Identifying.org of any changes to such information. If at any time SUBSCRIBER should learn or suspect that SUBSCRIBER’S password has been obtained by a person not authorized by SUBSCRIBER to use it, SUBSCRIBER agrees to immediately notify Identifying.org at firstname.lastname@example.org. Upon receiving such notice, Identifying.org will assign a new password to SUBSCRIBER without charge.
36. Delays in SERVICE
Neither Identifying.org, nor its respective officers, directors, employees, affiliates or agents shall be liable for any loss resulting from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, internet failure, intranet failure, extranet failure, hardware or software defects, storms, strikes, walkouts, fire or other casualty damage, or other causes over which they have no direct control, or any loss resulting from the contents of the SERVICE, or any errors in the transmission thereof. Identifying.org will have no responsibility to provide SERVICE to SUBSCRIBER during interruptions of SERVICE.
SUBSCRIBER shall provide all telephone, modem, internet connection, intranet connection, extranet connection and other equipment necessary to access the SERVICE via SUBSCRIBER’S personal computer and the costs of any such equipment and telephone connections or use, including any applicable taxes, shall be borne by SUBSCRIBER.
38. LIMITATIONS OF LIABILITY, INDEMNITY
Notwithstanding the enforceability or non-enforceability of any other provision of this agreement, company and SUBSCRIBER hereby agree that Identifying.org’s maximum aggregate liability to SUBSCRIBER for any claims arising from or related to this agreement, whether in contract, tort or otherwise, shall be limited in an amount equal to (a) $23.95, or (b) ten percent (10%) of all sums paid by SUBSCRIBER to company under this agreement; whichever is greater. This provision shall survive termination of this agreement.
39. Recovery of Fees
SUBSCRIBER agrees that if Company takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, Company shall be entitled to recover from SUBSCRIBER (and SUBSCRIBER agrees to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney’s fees and any costs of any litigation.