Policies
Last Updated: May 5, 2008
Welcome to www.IWON.com,
operated by IAC Search & Media, Inc. ("IWON", "we" or "us"). By
using the services offered on or through www.IWON.com (the "IWON
Site"), you are agreeing to the terms and conditions listed below (the
"Terms of Service"). You can always check out the most current version
of these Terms of Service at this page. In addition to these Terms of Service, your use of the IWON Site and/or IWON Services is governed by our Privacy Policy. You agree to IWON's collection, use and sharing of your information as set forth in the Privacy Policy,
which may be amended by us from time to time in our discretion. When
using particular IWON Services (as defined below), you shall be subject
to any posted guidelines applicable to such services, including Sweepstakes Rules,
and any other terms or conditions applicable to IWON Services provided
by or in conjunction with any of IWON's content and service partners.
The Privacy Policy, Sweepstakes Rules
and all other posted rules and guidelines are hereby incorporated by
reference into these Terms of Service. If you do not agree to these
Terms of Service please do not use the IWON Site or any IWON Services,
and do not register to be a member of IWON.
We reserve the right, at our discretion, to change,
modify, add, remove or otherwise revise portions of these Terms of
Service, or any incorporated policies, rules or guidelines, at any
time. Please check the IWON Site periodically for changes. Your
continued access to the IWON Site and/or use of any IWON Services
following the posting of changes to these terms (including IWON's Sweepstakes Rules) constitutes your acceptance of the revised Terms of Service.
Overview
The IWON Site (and the optional MyWebSearch Toolbar) is a multi-purpose
service which allows you to use or access a wealth of products and
services, including games (casual, instant win and others), e-mail,
search services, forums, shopping services, news, financial information
and a broad range of other content (collectively, the "IWON Services").
IWON Services may be offered by IWON itself, or by a third party
partner/service provider. Unless stated otherwise, these Terms of
Service apply to all IWON Services, including those currently offered
as well as any new products or services that we may add in the future.
IWON also operates one or more sweepstakes (collectively,
the "IWON Sweepstakes") which comprise part of the IWON Services. In
order to participate in the IWON Sweepstakes, you must register with
IWON, be 13 or older, and be a resident of either the U.S. or its
territories, or Canada (excluding the Province of Quebec). The rules
applicable to participation in the IWON Sweepstakes, which are
incorporated herein by reference may be found here.
General Terms of Service and Restrictions on Use of Materials
You may access the IWON Site, and use the IWON Services for personal,
non-commercial purposes. By accessing or otherwise using the IWON Site
and/or IWON Services, you are acknowledging and agreeing that you have
read, understand, and agree to be legally bound and to abide by these
Terms of Service, just as if you had signed a written agreement. If you
do not comply with the Terms of Service at any time, IWON reserves the
right to terminate your access to all or some of the IWON Services, to
disable your IWON email account, and/or disqualify you from one or more
of the IWON Sweepstakes. IWON may discontinue or alter any aspect of
the IWON Services, including, but not limited to, (i) restricting the
time the IWON Services are available, (ii) restricting the amount of
use permitted, and (iii) restricting or terminating any user's right to
use the IWON Services, at IWON's sole discretion and without prior
notice or liability. You are responsible for all charges associated
with connecting to the IWON Services through an available access
number. You are also responsible for obtaining or providing all access
lines, telephone and computer equipment (including modem), or other
device, necessary to access the IWON Services. You further certify that
you are an individual and that you are 13 or older.
Registration
In order to use
certain IWON Services, or to enter IWON Sweepstakes, you must become a
registered user of the IWON Site. You agree that IWON user names are
the property of IAC Search & Media, and we reserve the right, in
our sole discretion, to change, remove or replace any user name for any
reason. We may refuse to grant you, and you may not use, an IWON user
name that is already being used by someone else; that may be construed
as impersonating another person; that belongs to another person; that
violates the intellectual property or other rights of any person; that
is offensive; or that we reject for any other reason in our sole
discretion. Please note that your user name may be viewed by the
public, so you should not choose a user name that personally identifies
you.
If you elect to register to use the IWON Services, utilize
the IWON Site and/or participate in any IWON Sweepstakes, you agree to:
(a) provide true, accurate, current and complete information about
yourself as prompted by the IWON registration form (such information
being the "Registration Data") and (b) maintain and promptly update the
Registration Data to keep it accurate. If you provide any information
that is untrue, inaccurate, or incomplete, or IWON has reasonable
grounds to suspect that such is the case, IWON has the right to suspend
or terminate your account and refuse any and all current or future use
of the IWON Site and/or IWON Services (or any portion thereof).
In addition to any other Registration Data, to register
with IWON you will be required to choose a password and an account
name. You are solely responsible for maintaining the confidentiality of
any password you may use to access the IWON Services, and agree not to
transfer your user name or password, or lend or otherwise transfer your
use of or access to the IWON Services, to any third party. You are
fully responsible for all activity that occurs in connection with your
user name or password. You agree to immediately notify us of any
unauthorized use of your user name or password or any other breach of
security related to your account or the IWON Services, and to ensure
that you "log off"/exit from your account (if applicable) at the end of
each session. We are not liable for any loss or damage arising from
your failure to comply with any of the foregoing obligations.
Profile Page
When you register for
an account with the IWON Services, a profile page will automatically be
created for you and certain Registration Data will automatically be
pre-populated in your profile page, including user name, the date you
registered as an IWON user, gender, and last log on date. Existing
registered users as of the date the profile pages go live will also
have profile pages automatically generated. In addition to the
aforementioned data, historical game or sweepstakes winnings, games
played and game standings, and/or other user information may be
pre-populated, You may choose to add information (such as interests,
favorite Web links, quotes and keyword tags) to or delete certain
information from your profile page, but your user name, the date you
registered as an IWON user and your last log on date are required
information for your profile page. Your profile page will also
automatically display the games, prizes and/or IWON Sweepstakes which
you have won. We may also ask you a series of questions, many of which
are optional, regarding your interests that will allow other users to
search for people with common interests. Please note that your profile
page (including any messages that may have been left for you) may be
viewed by other registered users, so you should not include any
information in your profile page that you do not want others to see.
Toolbar
For your
convenience, we may make certain of the IWON Services available via the
MyWebSearch Toolbar (the "Toolbar"). The downloading and use of the
Toolbar is subject to an End User License Agreement, which may be found
at http://helpint.mywebsearch.com/intlinfo/eula/eula.jhtml
(the "EULA"). For users who download the Toolbar, the EULA is hereby
incorporated by reference into these Terms of Service. At this time,
there is no requirement to download the Toolbar in order to register
for, or access and enjoy the IWON Services. Downloading and using the
Toolbar is strictly optional.
IWON's Privacy Policy
Pursuant to IWON's Privacy Policy,
we may disclose to third parties certain information contained in your
Registration Data or related data unless you choose to opt out from
such disclosures. Please note: opting out may restrict your ability to utilize certain of the IWON Services.
We may also disclose such information if we have a good faith belief
that such action is reasonably necessary to comply with the law, legal
process, or to enforce these Terms of Service or Sweepstakes Rules. For more information, please see our full Privacy Policy and Sweepstakes Rules.
Forums; Email Service
IWON offers users access to Forums, and also provides registered users
with access to email services. A "Forum" refers to a bulletin board,
virtual community or other means for users to engage in public
commentary or discussion. Both Forums and email are offered as part of
the IWON Services. Forums and e-mail are offered for personal,
non-commercial use only. You shall not, without IWON's express written
approval, distribute or otherwise publish via any of the IWON Services
any material containing any solicitation of funds, promotion,
advertising, or solicitation for goods or services.
As with all IWON Services, your privilege to use IWON
email and participate in the Forums is dependent on your continued
compliance with these Terms of Service, specifically including the
Community Standards and Conduct listed below. IWON may revoke your
privileges, terminate your registration/account or take any other
measures deemed by IWON to be appropriate, in its sole discretion, to
enforce these Terms of Service if violations are brought to our
attention.
In addition to any other rights or remedies available to
it, IWON reserves the right to immediately suspend, terminate, access
and investigate the email or user account of any user upon receipt of a
subpoena or law enforcement request, or when IWON believes, in its sole
discretion, that a user is transmitting or is otherwise connected with
the distribution of unsolicited bulk email messages (SPAM) or any
harassing email messages, or with any fraudulent, misleading or illegal
activities. Because of the difficulty associated with quantifying
damages, if actual damages cannot be reasonably calculated then you
agree to pay iWon liquidated damages of $5 for each piece of
unsolicited bulk Email transmitted from or otherwise connected with
your account or the maximum liquidated damages permitted under law,
whichever is greater; otherwise you agree to pay IWON's actual damages,
to the extent such actual damages can be reasonably calculated.
Email/Forum Privacy
It is our policy to respect the privacy of all users. Therefore, in addition to our Privacy Policy,
we and our service partners will not monitor, edit, or disclose the
contents of a user or member e-mail unless required in the course of
normal maintenance of the IWON Services and its systems, or in our
good-faith belief that such action is necessary to: (1) comply with the
law or comply with legal process served on IWON; (2) protect and defend
the rights or property of IWON; or (3) act in an emergency to protect
the personal safety of our users or the public. You shall remain solely
responsible for the content of your messages.
Notwithstanding the foregoing, in order to permit IWON to
protect the quality of its products and services, you hereby consent to
IWON employees being able to access your account and records on a case
by case basis to investigate complaints or other allegations or abuse.
IWON shall not disclose the existence or occurrence of such an
investigation unless required by law.
You should consider all Forum communications to be public
and not private communications. Although IWON reserves the right to
remove without notice any Forum posting for any reason, we have no
obligation to delete content that you may find objectionable or
offensive. By uploading materials to any Forum or submitting any
materials to us, you automatically grant (or warrant that the owner of
such materials has expressly granted) us and our service partners a
perpetual, royalty-free, irrevocable, non-exclusive right and license
to use, reproduce, modify, adapt, publish, translate, and 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. In addition, you warrant that all
so-called "moral rights" in those materials have been waived.
IWON reserves the right to monitor some, all, or no areas
of the Forums for adherence to these or other rules that may be
published from time to time. You acknowledge that by providing you with
the ability to distribute content, IWON is acting as a passive conduit
for such distribution and IWON is not undertaking any obligation or
liability relating to any content or activities in any Forum or email.
Email Storage and Delivery
The
amount of Email storage space per member may be limited. Email accounts
may be archived at such time intervals as IWON or its third party
service provider(s) determine in their sole discretion. Some Email
messages may not be processed due to space constraints, outbound
message limitations or disruptions in the system(s). You agree that
IWON is not responsible or liable for the deletion or failure to store
messages or other information.
Submissions
If, on your own or at
our request, you submit content (e.g., postings to Forums, games or
sweepstakes), communications, creative suggestions, ideas, notes,
drawings, or other information (collectively, "Submissions"), you
hereby grant to IWON and its affiliates a royalty-free, perpetual,
irrevocable, sub-licensable, transferable, worldwide license to use,
copy, modify, incorporate into other works, display, perform, transmit
and distribute such Submissions or any portion thereof, in or through
any medium, whether now known or hereafter created.. IWON shall be
entitled to unrestricted use of the Submissions for any purpose
whatsoever, commercial or otherwise, without compensation to the
submitter. None of the Submissions shall be subject to any obligation
of confidence on the part of IWON, and IWON shall not be liable for any
use or disclosure of any Submissions. You represent and warrant that
you own the contents of any Submission or otherwise have sufficient
rights in the Submission to grant to IWON the license set forth above.
Community Standards and Conduct
You
acknowledge that all content, whether publicly posted or privately
transmitted, is the sole responsibility of the person from which such
content originated. This means that you are entirely responsible for
all content that you post, email or otherwise transmit via the IWON
Services. IWON does not control all of the content posted on or via the
IWON Site or IWON Services and, as such, does not guarantee the
accuracy, integrity, completeness, non-infringement or quality of such
content. You understand that by using the IWON Site or IWON Services,
you may be exposed to content that is offensive, indecent or
objectionable. Under no circumstances will IWON 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 on or via the IWON Site or IWON Services.
You agree to not use the IWON Services (including, without limitation, the email service and the Forums) 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, including, but not limited to, an IWON official,
forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
- forge headers
or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Service;
- solicit other users of the IWON Site to join or become members of any online or other service;
- 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 unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except
in those areas that are designated for such purpose;
- 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 IWON Services or an IWON Forum 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 IWON Services or servers or networks connected to the IWON
Services, or disobey any requirements, procedures, policies or
regulations of networks or third party providers connected to, or
providing the IWON Services;
- intentionally or
unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules
of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another member or user of the IWON Services; or
- collect or store personal data about other users, or members.
Links/External Sites and Resources
The IWON Site and IWON Services may contain, and other users or third
parties may provide links to other World Wide Web sites or resources.
These sites and resources are not controlled by IWON, and the mere
existence of the link on the IWON Site does not imply an endorsement by
IWON. External Web sites and resources are not subject to these Terms
and Conditions, or the IWON Privacy Policy,
and may be subject to other terms and conditions or policies posted
therein. Because IWON has no control over such sites and resources, you
acknowledge and agree that IWON is not responsible for the availability
of such external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further
acknowledge and agree that IWON shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any Content,
goods or services available on or through any external site or
resource. Your use of external sites or resources is at your own risk.
DISCLAIMER
IWON
and its service providers utilize diligent efforts to maintain the IWON
Services, but IWON and its service providers are not responsible for
any defects or failures associated with the IWON Services, including,
without limitation, the email service, or any damages (such as lost
profits or other consequential damages) that may result from any such
defects or failures. In addition, IWON and its service providers make
no guarantees as to the sites and information located worldwide
throughout the Internet to which you may access as a result of the use
of the IWON Services, including as to: (i) the accuracy, currency,
content, completeness, non-infringement or quality of any such sites
and information, or (ii) whether any search using the IWON Services may
locate unintended and objectionable content.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE IWON SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
AND YOU USE THEM AT YOUR SOLE RISK. IWON EXPRESSLY DISCLAIMS ANY AND
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.
WITHOUT LIMITATION, IWON MAKES NO WARRANTY THAT THE IWON
SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE
OF THE IWON SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED
THROUGH THE IWON SERVICES WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE IWON SERVICES, INCLUDING EMAILS SENT VIA THE IWON SERVICES,
IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION,
OBTAINED BY YOU FROM IWON PERSONNEL OR THROUGH THE IWON SERVICES SHALL
CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY NOT EXPRESSLY PROVIDED
FOR IN THESE TERMS OF SERVICE.
Disclaimer Regarding Financial Information
The IWON Services allows you to obtain information on companies, stock
prices, bonds, and other investments or financial matters. The IWON
Services, including all such financial information, is provided for
informational purposes only, and no information you may obtain is
intended by IWON to be used for trading or investing purposes. IWON
shall not be responsible for the accuracy, usefulness or availability
of any information transmitted via the IWON Services, and shall not be
liable for any trading or investment decisions made based on such
information.
Disclaimer Regarding Shopping Retailers
The IWON Services provides shopping services to help you locate and
potentially purchase products from online and offline retailers. IWON
does not, however, control these independent retailers and IWON does
not provide any assurance, warranty or guarantee of any kind that you
will be satisfied with their products or services.
When shopping by means of services provided by IWON you acknowledge and agree that:
IWON does not endorse any of the products or services linked to, from
or through the IWON Services, nor has IWON taken any steps to confirm
the accuracy or reliability of any of the information provided by third
parties through IWON or their own Web sites. IWON expressly disclaims
any and all representations or warranties as to the security of any
information (including, without limitation, credit card and other
personal information) you might be requested to give any third party.
We advise you to exercise your own judgment and investigate as you deem
necessary before proceeding with any online or offline transaction with
any of these third parties.
Limitation of Liability
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT IWON SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IWON HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE
USE OR THE INABILITY TO USE THE IWON SERVICES AND/OR PARTICIPATE IN THE
IWON SWEEPSTAKES ; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE IWON SERVICES; (III) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE IWON SERVICES; OR (V) ANY OTHER MATTER RELATING
TO THE IWON SERVICES OR OPERATION OF THE IWON SWEEPSTAKES. IN NO EVENT
SHALL IWON'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THE IWON SITE.
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.
Indemnification
YOU ARE ENTIRELY
RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND
ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL
ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY,
DEFEND AND HOLD HARMLESS IAC SEARCH & MEDIA, INC., ITS PARENTS,
AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES,
CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY,
DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES)
ARISING FROM YOUR USE OF THE IWON SITE OR IWON SERVICES, YOUR VIOLATION
OF THESE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY
OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT
OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY IWON OF ANY
UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN
TO YOU.
Termination and modification
You
agree that IWON, in its sole and absolute discretion, may terminate
your password, account (or any part thereof) or use of the IWON
Services, and remove and discard any Submissions or other content
within the IWON Services, for any reason, including, without
limitation, for lack of use or if IWON believes that you have violated
or acted inconsistently with the letter or spirit of the Terms of
Service. IWON may also in its sole discretion and at any time
discontinue providing the IWON Services, or any part thereof, with or
without notice. Subject to any rights you may have under the Sweepstakes Rules,
you agree that any termination of your access to the IWON Services
under any provision of this Terms of Service may be effected without
prior notice, and acknowledge and agree that IWON may immediately
deactivate or delete your account and all related information and files
in your account and/or bar any further access to such files or the IWON
Services. Further, you agree that IWON shall not be liable to you or
any third-party for any termination of your access to the IWON
Services. The provisions of these Terms of Service pertaining to
disclaimers, exclusion of damages, limitations of liability and
indemnification shall survive termination.
COPYRIGHT AND COPYRIGHT NOTICES
You acknowledge that the IWON Site and IWON Services contain
information, software, photos, video, text, graphics, music, sounds or
other material (collectively, "Content") that are protected by
copyrights, patents, trademarks, trade secrets or other proprietary
rights, and that these rights are valid and protected in all forms,
media and technologies existing now or hereafter developed. All
IWON-generated Content and Content provided to IWON by its partners and
licensors is copyrighted individually and/or as a collective work under
the U.S. copyright laws; further, IWON owns a copyright in the
selection, coordination, arrangement and enhancement of all Content and
in the IWON Site as a whole. The IWON name and logo are trademarks of
IAC Search & Media, Inc. All other trademarks appearing on the IWON
Site or IWON Services are trademarks of their respective owners. IWON's
partners may also have additional proprietary rights in the Content
which they make available through the IWON Services. You may not
modify, publish, transmit, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the Content, in whole
or in part, except that you may download one copy of the materials on
any single computer for your personal, non-commercial home use only,
provided you keep intact all copyright and other proprietary notices.
Modification of the materials or use of the materials for any other
purpose, including use of any such material on any other Web site or
networked computer environment is strictly prohibited. In the event you
download software provided by IWON, the software, including any files,
images incorporated in or generated by the software, and data
accompanying the software (collectively, the "Software") are licensed
to you by IWON. IWON does not transfer title to the Software to you.
You may not redistribute, sell, export, decompile, reverse engineer,
disassemble, or otherwise reduce the Software to a human-readable form.
IWON respects the intellectual property of others, and we
ask our users to do the same. IWON may, in appropriate circumstances
and at its discretion, terminate the accounts of users who infringe the
intellectual property rights of others. If you believe that your work
has been copied in a way that constitutes copyright infringement,
please provide IWON's Copyright Agent the following information:
Please contact IWON's Copyright Agent for notice of claims of copyright infringement at:
Registered Copyright Agent
iWon, c/o IAC Consumer Applications & Portals
Attn: Legal Department
One North Lexington, 9th Floor
White Plains, NY, 10601
DMCA(at)iaccap.com
Governing Law and Other Miscellaneous Terms
These Terms of Service (and any further rules, policies or guidelines
incorporated by reference herein) shall be governed by and construed in
accordance with the laws of the State of New York, without giving
effect to any principles of conflicts of law. You agree that any action
at law or in equity arising out of or relating to these terms shall be
filed only in the state or federal courts located in New York County in
the State of New York and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such
action. If any provision of these terms shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable
from these terms and shall not affect the validity and enforceability
of any remaining provisions. This is the entire agreement between you
and IWON relating to the subject matter herein and shall not be
modified by you except in writing, signed by both parties. The Terms of
Service will inure to the benefit of IWON's successors, assigns and
licensees.
These Terms of Service (and any further policies or
documents incorporated by reference herein) constitute the entire
understanding between IWON and users of the IWON Site and IWON Services
concerning the subject matter hereof and may not be modified except by
revised Terms of Service posted by IWON. These Terms of Service, which
may be modified or amended by IWON from time to time, in its sole
discretion, supersedes all prior understandings and agreements, whether
written or verbal with respect to the subject matter hereof. If any of
the provisions of these Terms of Service will contravene, or be invalid
under, the laws of the particular jurisdiction where performed, such
contravention or invalidity will not invalidate the whole agreement,
rather these Terms of Service will be construed as if not containing
the particular provision or provisions held invalid, and the rights and
obligations of the parties will be construed and enforced accordingly.
No failure or delay by IWON in exercising any right, power
or privilege under these Terms of Service will operate as a waiver
thereof, nor will any single or partial exercise of any right, power or
privilege preclude any other or further exercise thereof or the
exercise of any other right, power, or privilege under these Terms of
Service.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
These Terms of Service are binding upon and shall ensure to the benefit
of both parties and their respective successors, heirs, executor,
administrators, personal representatives and permitted assigns. Users
may not assign their rights or obligations hereunder without IWON's
prior written consent.
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