Legal Notices
IPsphere Forum (“IPsphere”, “WE” OR “US”) Stratosphere Terms of Use
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND IPsphere AND GOVERN YOUR ACCESS TO, AND USE OF, THE IPsphere WEBSITE LOCATED AT WWW.IPSPHEREFORUM.ORG AND RELATED SERVICES (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IPsphere MAY MAKE CHANGES TO THE CONTENT OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND IPsphere CAN CHANGE THESE TERMS AT ANY TIME WITHOUT NOTICE BY POSTING UPDATED TERMS OF USE ON THIS SITE. YOUR CONTINUED USE OF THIS SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THE TERMS OF USE POSTED ON THIS SITE PERIODICALLY FOR UPDATES AND CHANGES.
IPsphere provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics, sounds and images (together, the “Materials”) are provided to you by IPsphere and are the copyrighted and/or trademarked work of IPsphere or IPsphere’s contributors. IPsphere grants you a limited, personal, non-exclusive and non-transferable license to use this Site solely for your personal or internal business use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.
Password Restricted Areas of this Site.
You may need a password to login to this Site and/or to use or access certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password and account, and you agree to notify IPsphere if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account, and IPsphere is not responsible for any unauthorized use of your account in the event that your password is stolen or revealed to a third party. You agree to immediately notify IPsphere of any unauthorized use of your account or any other breach of security in relation to this Site known to you. You agree that you will not use other users’ contact information gathered from this Site for commercial purposes and agree not to provide any other user’s contact information to any third party that is not a registered user of IPsphere.
Your use of this Site is governed by the IPsphere Privacy Policy, which is available at http://www.ipsphereforum.org/join/terms_conditions.html (the “Privacy Policy”).
Certain information and content, such as articles and the like, may be provided by third party licensors and suppliers to IPsphere (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. YOU ACKNOWLEDGE AND AGREE THAT THE THIRD PARTY CONTENT DOES NOT REFLECT THE VIEWS OF IPSPHERE AND THAT IPSPHERE IS NOT RESPONSIBLE FOR ANY VIEWS, IDEAS, POSITIONS, MATERIALS AND THE LIKE CONTAINED IN ANY THIRD PARTY CONTENT. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.
This Site may be linked to other world wide web sites that are not IPsphere Sites. IPsphere is providing these links to you only as a convenience, and IPsphere is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.
IPsphere asks that you respect the IPsphere online community as well as other individuals participating within the IPsphere online community. Your conduct should be guided by common sense and basic etiquette. To further these common goals, using this Site, you agree not to, without limitation:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Impersonate or represent IPsphere, our staff or other industry professionals.
- Solicit a user’s password or other account information.
- Harvest user names, addresses, homepage URL’s or email addresses for any purpose other than your personal use in your interactions on this Site.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use or solicit explicit/obscene language or materials.
- Place any undue stress on the use of the Site through the use of routines, denial of service attacks or other request that absorb unusual resources or otherwise tax systems hosting the Site.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ’spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
This list of prohibitions provides examples and is not complete or exclusive. IPsphere reserves the right to terminate your ability to use this Site for any action that IPsphere determines is inappropriate or disruptive to this Site or to any other user of this Site with or without cause and with or without notice, for any reason or no reason. IPsphere reserves the right to restrict the number of emails or other messages which you are allowed to send to other users to a number that IPsphere deems appropriate in IPsphere’s sole discretion. IPsphere may report to law enforcement authorities any actions that may be suspicious or illegal, and any reports it receives of such conduct. When legally required or at IPsphere’s discretion, IPsphere will cooperate with law enforcement agencies in any investigation. These prohibitions do not require IPsphere to remove any information from the Site or monitor or police any activities related to the Site, and IPsphere disclaims any obligation or responsibility to do so.
Unauthorized use of any Materials or Third Party Content contained on this Site may violate applicable laws and regulations. You agree to indemnify and hold IPsphere and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) IPsphere or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
IPsphere is a trademark of IPsphere in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of IPsphere, Copyright © 2003–2007 IPsphere. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.
Copyright and Trademark Infringements.
Notification: IPsphere respects the intellectual property rights of others, and we ask you to do the same. IPsphere may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide IPsphere’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit IPsphere to locate the material.
- Information reasonably sufficient to permit IPsphere to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
IPsphere’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
By mail:
Lisa Winkler
Association Managment Solutions, LLC
48377 Fremont Boulevard, Suite 117
Fremont, CA 94538 USA
By phone:
(510) 492-4006
By email:
lwinkler@amsl.com
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Your use of this Site is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by IPsphere, and they may include inaccuracies or typographical or other errors. IPsphere does not warrant the accuracy of timeliness of the Materials or the Third Party Content contained on this Site. IPsphere has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by IPsphere or our licensors. IPSPHERE, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, ANY MATERIALS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS, THIRD PARTY CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
IPSPHERE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS OR THIRD PARTY CONTENT TO OR FROM THIS SITE. IN NO EVENT SHALL IPSPHERE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF IPSPHERE KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
IPsphere controls and operates this Site from its headquarters in the United States of America and the Materials and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you violate these Terms, IPsphere may terminate and/or suspend your access to this Site without notice. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. IPsphere’s failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and IPsphere and supersede all prior or contemporaneous negotiations, discussions or agreements between you and IPsphere about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
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