PoshPoints Terms Of Service
OUR TERMS OF SERVICE
Welcome to the PoshPoints, a web site operated by Impulse Communications, Inc. with offices
located at 10061 Talbert Ave. Suite 226 Fountain Valley, CA 92708 (the "Site"). This
document explains the terms and conditions for using our Site (the "Agreement").
By using our Site, you consent to this Agreement and any new version of it posted
since your last visit. If the Agreement is not acceptable, then please do not use
our Site.
This Agreement may be amended at
any time by us from time to time without specific notice to you.
This Agreement was last updated on: 2-08-2007.
YOUR ACCOUNT & PASSWORD.
If you register an account, you represent that you are at least 18 years old and
that, to the best of your knowledge and belief, your registration information is
truthful, accurate and complete. A user name and password will be assigned by us
or chosen by you. You are responsible for maintaining the secrecy of your password
and for activities occurring under your account. Be sure to change your password
promptly and notify us if you believe your account is being accessed by others.
Each user must register separately. You may not loan your user name and password
to others.
USING OUR CONTENT & SITE.
Our Proprietary Rights. Our Site may contain an assortment of information, data,
software, images, video clips, music, links, logos and other material ("Content")
that are the copyright, trademark or other intellectual property of the owners of
this Site or third party suppliers. The Content in this Site is copyrighted individually
and as a collective work. All rights are reserved. The name "PoshPoints" and other
names appearing herein are the trademarks or registered trademarks of the Site or
the respective third party owners. You will ensure that all copyright, trademark
or other proprietary rights notices appearing on any Content remain intact and legible.
All licenses are non-exclusive. Linking to Our Site. You may not display our Content
within a frame or border, or "deep link" or harvest Content located below our top-most
URL. You will not link to our Site or Content in a manner that suggests an endorsement
or affiliation between our sites. You will remove any link to our Site that we find
objectionable promptly upon request. Our Remote Software Applications. Our Site
offers users the ability to license and make remote use of software applications
and components operated from our servers. Your use of any remotely hosted software
application will be governed by the license agreement accompanying such "Remote
Hosted Application." In the absence of any such terms, and subject to your payment
of any applicable fees, you are granted a personal, revocable, non-transferable
license to access remotely and use the Remote Hosted Application from your computer
to process your own data in support of your own personal or internal business processes.
A Remote Hosted Application designated by our Site as an active "web site component"
may be incorporated as an integral feature of your web site and made available to
users of your site. Unless expressly authorized, you may not charge a separate fee
for making Remote Hosted Applications available to others. Unless you are expressly
authorized to "private label" a Remote Hosted Application, you should ensure the
feature is properly designated as originating from our Site. Except as stated in
a separate agreement, Remote Software Applications licenses are revocable, non-transferable
and provided "AS-IS" and "AS AVAILABLE". Reservation of Rights. All content, communications,
software applications, digital products, updates and features of this Site are copyrighted
by the Site, its owners, suppliers or other third parties. We reserve all rights
not specifically granted to you. This means permission to use the Site and related
intellectual property rights will be narrowly interpreted by a court in our favor.
Except as specifically authorized in this Agreement, you may not store, copy, reproduce,
adapt, reformat, create derivative works of, transmit, disseminate, publicly display
or perform any copyrighted material from this Site. You may not reverse engineer
our Site or any software obtained from it to discover its underlying design or inner
workings (and you will hold in confidence for our benefit alone anything discovered
in violation of this provision). If you infringe our intellectual property rights
or exceed the scope of permitted use of this Agreement, you agree that we could
be irreparably injured and may obtain a court order without necessity of posting
bond to enjoin you from further mischief.
POINT VALUES
Points used throughout the PoshPoint system
are of no value. By signing up for PoshPoints you agree that the Site is in no way
responsible for points and is not responsible for lost points.
This includes, but is not limited to, points lost due to software or hardware
failures, Complete Closure of the PoshPoints
Site, Items not confirmed by buyer, or any other circumstance that can cause point
losses. Points in the PoshPoint site are used solely as a means of trade between
other
FRAUD, ACCOUNT SUSPENSION OR TERMINATION, PROTECTION
PROGRAM, ETC.
User agrees not to commit fraud using the Site or Services. Examples of fraud include,
but are not limited to, setting up multiple accounts or participating in illegitimate
transactions to transfer points.
PoshPoints reserves the right, in its sole and complete discretion, to suspend or
terminate a User's account or a User's access to the Site or Services at any time
with or without cause for any reason or no reason. Upon termination of the
User's account, User's right to use the Services, access the Site, and any Content
will immediately cease. Any fees paid by a User are non-refundable and points
available will be terminated and non-refundable.
LIMITED LIABILITY
The PoshPoints site was developed to allow
trade between users. This trade allows accumulation of points in members accounts.
If maintaining the PoshPoint site is no longer feasible or the PoshPoints Site is
closed for any reason it will cause a loss of points in all users’ accounts! You
agree that the Site is in no way responsible for these lost points and no action
can be taken to try and receive compensation for these points or any of the property
that was traded to receive these points. Use of this Site is completely at your
own risk. PoshPoints or the 'Site' is not responsible for loss of points or loss
of traded items.
YOUR CONTENT & SUBMISSIONS.
Your Public Messages. Our Site includes certain interactive features that allow
users to post, transmit and receive messages or content on discussion forums, weblogs,
newsgroups, chat areas, calendars or other online channels ("Communications"). We
do not prescreen or editorially control Communications on our Site. We reserve the
right (but do not assume the responsibility) to block or remove any Communications
brought to our attention which we consider in violation of this Agreement or detrimental
to the Site or to any person. Permission to Publish. Our Site does not claim ownership
in the content of your Communications. If you make Communications, you irrevocably
grant our Site (and any affiliates and sublicensees) the worldwide, perpetual, royalty-free,
sublicensable right and license to store, copy, reproduce, adapt, reformat, create
derivative works of, transmit, disseminate, publicly display and perform such Communications
through the Site and to make such incidental and additional uses as may be needed
to operate the Site and any affiliated sites through any media or technology now
known or hereafter created. You irrevocably grant us the right to obtain a copyright
in the "thread" or compilation of Communications on the Site generally, including
your own Communications. Prohibited Behavior. You will not upload, store or disseminate
any Content or make any Communications which violate or infringe the intellectual
property or privacy rights of any person or which a reasonable person would consider
abusive, profane, hateful, racially or ethnically offensive, which are defamatory
or harassing, or which violate or encourage others to violate this Agreement or
any applicable law. You will not upload or transmit pornographic or obscene images
or files, and you will not impersonate our personnel or disrupt the orderly operation
of the Site. You will not use the Site to violate any applicable law, including
domestic or foreign securities laws or regulations. In order to protect itself,
the Site may without liability actively cooperate with and furnish identifying and
supporting information to any person likely to be harmed or affected by your violation
of this Agreement and to any law enforcement agency conducting an investigation.
You also agree not to make any Communication that encourages users to terminate
their use of the Site or to use a competitor's service. Anti-Spam Restriction. You
will not use our Site to make any Communications which are unsolicited bulk advertising
or promotional messages ("spam"), so-called "chain letters," pyramid schemes, or
make Communications of a promotional nature other than through channels authorized
by the Site. You may not harvest email addresses or instant messaging identifiers.
Because the damage incurred by us in connection with spam campaigns may be difficult
to ascertain, you agree to pay liquidated damages of USD$3 per individual recipient
of spam messages transmitted under your account if you knowingly cause spam to be
sent.
APPLICABLE CHARGES & PAYMENT.
Some features of our Site may require the payment of a subscription-based fee or
other charge. For subscription-based features, you agree not to allow your account
to be used by other persons, including co-workers. We require timely payment of
all published fees and charges. If you fail to pay applicable fees or charges when
due, we may suspend or terminate your account and access to services or features.
Unless otherwise agreed in writing, all charges are payable in the currency specified
in advance by major credit card, cashier's check or money order or PayPal. Late
payments are subject to costs of collection (including legal fees of 17.5% pre-filing,
or 35% if formal proceedings are filed) and shall bear interest at a rate equal
to the lesser of one (1) percent per month or the highest rate permitted by law.
THIRD PARTY LINKS AND ADVERTISERS.
Content, goods or services may be offered by third parties through hotlinks or advertisements
contained on our Site or through private-branded areas that are controlled by third
party providers. These are offered as a convenience to you. We have no control over
and do not endorse third party content, goods or services. We act as a distributor
and not as a republisher of third party content and as an advertising channel for
third party goods and services. Third party providers may change, add or discontinue
their content or offerings at any time without notice. They may impose additional
or different conditions on your use of their content or services (please read any
additional terms that may be posted by such providers). WE DISCLAIM ALL REPRESENTATIONS
AND WARRANTIES REGARDING CONTENT, GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY
PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING
SUCH MATTERS. OUR ONLINE MATCHING SERVICE.
Eligibility. Areas designated as online auctions or
"Matching Services" are available only to persons 13 years and older.
Nature of Relationship. Our Matching Service may offer certain
features that can be used to match buyers and sellers of goods and services. The
Matching Service is offered solely as a venue for you and other users to list items
offered and to exchange bids or other information about such items. You and other
members of this Site are solely responsible for all aspects of such exchange, including
the accuracy and legality of such listings and communications exchanged, the selection
of trading partners and the performance or non-performance of any resulting agreement.
We are not a party to these transactions. We cannot give any assurance that a buyer
or seller will perform or pay for any goods or services.
Fee Schedule. Bidding on specific items in the Matching
Service is free. We
MAY
charge a fee to list an item for sale and a commission if the item actually sells.
We reserve the right to impose new or different fees by posting a new Fee Schedule.
New Fee Schedules are effective on the date posted, or such other effective date
identified in the Fee Schedule. Listings & Bids. When you upload a listing,
make a bid or other communication via the Matching Service, you irrevocably grant
our Site the worldwide, perpetual, royalty-free, sublicensable right and license
to store, copy, reproduce, adapt, create derivative works of, transmit, disseminate,
perform and display the listing through the Matching Service and to make such incidental
and additional uses as may be needed to operate the Matching Service through any
media or technology now known or hereafter created. You irrevocably grant us the
right to obtain a copyright in the compilation of listings, bids and communication
threads, including your own. Winning Bids. If you are the winning bidder for an
item, and unless the item was listed under a "Minimum Bid" or "Reserve Bid" basis,
you agree to obtain and pay for the item according to your bid and any terms and
conditions contained in the listing. You generally may not retract a bid once made,
except in clear cases of clerical error that should be apparent from the bid, changes
in item descriptions made after a bid is made or if the other party's identity cannot
be authenticated before delivery or payment is due. See the FAQs for more details
on bidding procedures.
Prohibited Behavior on Matching Service. Listings, bids and communications regarding
items or participants in the Site may not: (a) contain any information that is knowingly
false, misleading or materially inaccurate; (b) infringe any third party intellectual
property or privacy rights; (c) offer any item that is counterfeit (unless specifically
designated as such); (d) violate any law or regulation (including securities laws,
export laws and technology transfer laws); (e) contain any information that is defamatory,
harassing or patently offensive; (f) contain any obscene material (including child
pornography); (g) upload any virus or other deliberately destructive file or code;
(h) make repetitive bids or interfere with normal operations; (i) advertise other
web sites, services or match-making services, (j) link to any content or service
that violates this Agreement; (k) use any robot or other automatic device to access,
copy, retrieve or use any content obtained from the Matching Service (this means
you must actually be present at your computer terminal and use the Matching Service
manually), (l) use any program or device to meta-search or consolidate listings
or bids from our Service with listings or bids from other matching services. WE
RESERVE THE RIGHT TO REMOVE ANY LISTING OR COMMUNICATION AND SUSPEND OR TERMINATE
ANY MEMBER THAT VIOLATES THE FOREGOING PROVISIONS OR OTHERWISE ENGAGES IN BEHAVIOR
THAT WE IN OUR SOLE JUDGMENT CONSIDER TO BE INAPPROPRIATE.
Taxes. You are responsible for the timely filing
of any required returns and the payment of all applicable taxes or levies, including
interest and penalties imposed thereon ("Tax Claims") arising from or relating to
your use of the Matching Service or any goods or services bought, sold or exchanged
as a result of using the Service, and you agree to defend, indemnify and hold our
Site harmless from any and all Tax Claims. No Endorsement. We do not review or endorse
the truth, accuracy, reliability, integrity or quality of any information posted
in the Matching Service, or any goods, services or other things bought, sold or
exchanged as a result of such activities.
Outage Policy on Matching Service. We are not responsible for any outage
or disruption in your use of the Matching Service, including any system outages.
We reserve the right, but do not assume the obligation, of extending the bidding
time for an item as a result of a system outage. Disputes Among Users of Matching
Service. Our Site is not a party to any exchange of information or to any subsequent
agreement to buy, sell or exchange goods or services resulting from members' participation
in the Matching Service. You agree to hold us harmless from and release our Site
(including our officers, directors, owners, agents and employees) from any and all
liability arising out of any dispute that may result from your use of the Matching
Service or any good or service obtained thereby (including any claim for direct,
indirect, incidental or consequential damages or attorney fees, even if we are advised
of the possibility of such damage, and whether arising in contract, tort or otherwise).
This limitation is independent of remedy limits. If you nevertheless try to involve
us in a dispute, you will comply with the Governing Law provision of this Agreement
and pay our costs and expenses, including reasonable legal fees. California Residents:
if you reside in California, you waive the protection of California Civil Code Section
1542, 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."
SYSTEM SECURITY.
We offer secure web pages to collect certain kinds of information from users and
we store certain kinds of sensitive information in encrypted form. We follow reasonable
technical and management practices to help protect the confidentiality, security
and integrity of data stored on our system. While no computer system is completely
secure, we believe the measures implemented by our Site reduce the likelihood of
security problems to a level appropriate to the type of data involved.
OUR PRIVACY POLICY.
Our Privacy Policy for this Site is posted at our main page. The terms of that Policy,
and any future amendments to it, are hereby incorporated by reference in its entirety
into this Agreement and subject to these terms. Third parties providing goods or
services to you (including those advertising or providing links on our Site) may
have privacy policies or practices that differ from our own. Please check their
sites' privacy disclosures for details.
WARRANTIES & LIABILITIES.
Warranty Disclaimer. THIS SITE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS,
FEATURES, PRODUCTS, SOFTWARE AND SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND
DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL
WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE
EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED.
THE SITE IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS,
CONTENT OR TRANSACTIONS ENTERED INTO WITH THE SITE. THE SITE IS NOT RESPONSIBLE
FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES,
OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES. Limitation
of Liability. YOU AGREE THIS SITE IS NOT LIABLE FOR ANY DIRECT DAMAGES EXCEEDING
THE AMOUNT, IF ANY, ACTUALLY PAID TO IT BY YOU DURING THE SIX (6) MONTHS PRECEDING
THE EVENT GIVING RISE TO YOUR CLAIM. IN NO EVENT IS THE SITE LIABLE WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE,
SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS,
LOST POINTS, LOST PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN
IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION
TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT
AS A WHOLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION
MAY NOT APPLY TO YOU. THIS LIMITATION IS INDEPENDENT OF REMEDY LIMITS. Indemnification.
You agree to defend, indemnify and hold harmless the Site and its officers, directors,
owners, agents, employees, advisers and consultants, from and against any claims,
actions, demands, liability, damages (including legal and professional fees) asserted
by any third party and arising from your use of the Site, your conduct, content,
communications, alleged infringement of third party intellectual property or privacy
rights, or violation of this Agreement. Limitation of Remedies. You agree that if
the Site breaches this Agreement, your sole and exclusive remedy will be to terminate
this Agreement and your relationship with the Site. This applies regardless of whether
the remedy fails of its essential purpose. Protected Parties. THE WARRANTY DISCLAIMERS,
LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT
PROTECT THE SITE, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS,
EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS
AND PROMOTERS. FORCE MAJEURE. The Site is not responsible for any delay or failure
in performance of the Site in whole or in part for any reason including, without
limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of
telecommunications, transportation, utilities, services or supplies, governmental
action, computer viruses, corruption of data, hacker attack, incompatible or defective
equipment, software or services or otherwise. Nothing herein enlarges any warranty
or diminishes any disclaimer under this Agreement.
NO OUTSIDE CONTACTS.
Because of the uncertainty and lack of uniformity of laws in other jurisdictions
(particularly as applied to Internet sites), it is important to agree that our Site
operates solely in Arizona (our "Locality"). You are using the Internet as your
own agent to access and use our Site from the local Internet point of presence (POP)
here in our Locality and you are using the Internet or public carrier as your local
agent to take delivery of any information, products or services in our Locality.
This means all operations, services, deliveries, performance and contacts of our
Site occur solely in our Locality. Our Site does not submit to personal jurisdiction
anywhere else and you irrevocably waive any claim to the contrary.
INJUNCTIVE RELIEF.
If you violate or exceed the scope of this Agreement or infringe our proprietary
rights, you agree we would be irreparably harmed and may (in addition to other relief
and without having to post bond) obtain a court order enjoining your from further
mischief. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE SUBSTANTIVE LAWS OF ARIZONA (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES.
YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION IN SUCH DESIGNATED JURISDICTION
AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN. YOU
ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT
TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S. District Courts
can hear cases involving copyright issues between us. Since we make no warranties
and have limited our liabilities, you should have little reason to have a grievance
with us. Should you nevertheless bring legal action against us, you irrevocably
agree it will be brought and maintained on an individual basis (and not consolidated
with similar cases) within one (1) year after the claim arises or be barred. As
disincentive for unwarranted litigation, you agree that if you sue us and don't
win on the merits, you will pay our defense costs, including reasonable legal fees
for in-house and outside counsel. If we are required to enforce this Agreement or
our rights, you irrevocably accept legal notices and papers by electronic mail at
your last known email address (we would also attempt to send you a backup copy by
regular mail).
TECHNOLOGY & DATA TRANSFER. Technology Transfer. The transport of
technology, technical data and information across national boundaries is regulated
by the U.S. and certain foreign governments. You agree not to directly or indirectly
export or re-export any information, software or technology obtained from or through
the Site that requires an export license or governmental approval without first
obtaining that license or approval. This provision will survive termination of our
Agreement. European Union Residents. If you reside in the European Union (EU) or
if any transfer of information between you and our Site is governed by the European
Union Data Protection Directive or national laws implementing that Directive, then
you consent to the transfer of such information outside of the European Union to
your country and to such other countries as may be contemplated by the features
and activities provided by the Site.
U.S. GOVERNMENT RESTRICTED RIGHTS.
To the extent used by U.S. government personnel: this is a computer data base that
constitutes restricted computer software and is provided with RESTRICTED RIGHTS.
Use, duplication or disclosure by the Government is subject to restrictions as set
forth in the Commercial Computer Software clause at DFARS 227.7202-3 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software- Restricted Rights clause at
48 CFR 52.227-19, as applicable. Contractor is inkFrog, inc., a corporation with
offices located at PO Box 915 Higley, Az 85236. RELATIONSHIP OF PARTIES. There are
no third party beneficiaries of this Agreement. The parties are independent to one
another and are not related by franchise, partnership, employment, joint venture
or otherwise. This Site is not a party to any transaction between you and any third
party advertisers or suppliers. You will look solely to the third party for all
claims regarding their goods, services or information.
RIGHT TO RELY ON INSTRUCTIONS.
The Site may act in reliance upon any instruction, information, document, filing,
name, email address or user password that meets the Site's automated criteria or
which is believed by the Site's personnel to be genuine. For any password protected
areas, the Site may assume a person entering a user name address and associated
password is, in fact, that user or is authorized by that user to act on its behalf.
The Site may assume the latest email addresses and registration information on file
with the Site are accurate and current. When programmed to do so, the Site may take
prescribed actions in the absence of receiving proper and complete contrary instructions.
CHANGES TO SITE.
We reserve the right to modify, change or discontinue the Site or any feature at
any time without notice. You agree that the Site is not liable to you or to any
third party as a result of any such action. We invite users to make suggestions
for ways that the Site can be improved. If you make a suggestion, you authorize
us to use the idea and to publish your name in connection with the submission. We
do not pay compensation for using submissions.
TERMINATION.
Either party may terminate this Agreement in their sole discretion, at any time
with or without cause and regardless of the stated registration period otherwise
applicable. We reserve the right to suspend or terminate operation of this Site,
or any feature of this Site, at any time upon notice. Protections afforded to us
and to third parties by this Agreement will survive termination. If this Agreement
is suspended or terminated as a result of unauthorized use or infringement of rights
to Content obtained from the System, you agree that upon request, you will destroy
all copies of such Content in your possession or under your control.
NOTICE TO CALIFORNIA RESIDENTS.
Under California Civil Code Section 1789.3, California residents are entitled to
the following specific consumer rights information. Pricing Information: Current
rates for using the Site may be obtained by reading the website on PoshPoints.com.
The Site reserves the right to change fees, surcharges or to institute new fees
at any time, as provided in this Agreement. Complaints: The Complaint Assistance
Unit of the Division of Consumer Service of the California Department of Consumer
Affairs may be contacted in writing at 1020 North Street, Suite 501, Sacramento,
CA 95814, or by telephone at (916) 445-1254. MISCELLANEOUS. This document reflects
our entire and exclusive agreement and supersedes all other agreements regarding
this subject matter, whether written or verbal. We reserve the right to change this
Agreement at any time by posting a new version on the Site. Your continued use of
this Site after the effective date of such amendment will constitute your acceptance
of it. Any other amendment to this Agreement shall be in a pen-and-ink signed writing,
regardless of any course of performance or trade practice between us. This electronic
document or a hardcopy duplicate in good form shall be considered an original document
admissible into evidence unless the document's authenticity is genuinely placed
in question. We reserve the right to assign this Agreement or delegate responsibility
to any third party, including a party acquiring any of our operating assets or ownership
interests. All licenses or permissions granted to you by this Agreement are personal
in nature and may not be assigned, sublicensed or otherwise transferred and any
attempt to the contrary is void. Any provision of this Agreement found by a court
to be illegal or unenforceable shall automatically be deemed conformed to the minimum
requirements of law and shall thereupon be given full force and effect as so modified.
Waiver of a provision in one instance shall not preclude our enforcement of it on
future occasions. Headings are for reference purposes only and have no substantive
effect.
NOTICE OF COPYRIGHT INFRINGEMENT PROCEDURES.
If you believe content on our Site infringes your copyrighted work and you want
the Site to take down the offending material, you will need to notify us by mail or fax:
Impulse Communications, Inc. 10061 Talbert Ave. Suite 226 Fountain Valley, CA 92708 Fax: (866)
824-9384