Terms of Service
This policy was last updated on June 4, 2009.
1. Acceptance of Terms
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, whether you are a member account holder (a "Member") or not (a "Visitor"), you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Itumz, acceptance is expressly limited to these terms.
2. Description of Service
Itumz is a free web application that allows, among other benefits, Members to create lists of content and share these lists for viewing by other Members or Visitors (the "Services"). Services shall include, but not be limited to, any service and content Itumz performs for you, including correspondence via facilities on the Website or via email, as well as the offering of any materials displayed, transmitted, or performed on the Website or through the Services. Itumz may change, suspend or discontinue the Services for any reason, at any time, including the availability of any feature or content. Itumz may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
You must be 13 years or older to use the Website. If you are between the ages of 13 and 17, we strongly recommend that you seek and receive parental consent before you access and use the Website. You may not use the Website if you are required to register as a sex offender in any jurisdiction.
4. Your Obligations as a Member
In order to access some portions and features of the Website, you must become a Member by completing the membership application form. You shall provide Itumz with accurate, complete, and updated information about yourself and agree to inform Itumz immediately of any updates or other changes to such information. You may not (i) enter, select, or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; (ii) enter, select or use a username subject to any rights of a person other than you without appropriate authorization, or (iii) use as a username that is otherwise offensive, vulgar, or obscene. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You will notify Itumz immediately of any unauthorized use of your account. Each person is allowed a maximum of one (1) member account on Itumz.
Failure to comply with the terms of this section shall constitute a breach of the Agreement, which may result in immediate termination of your Itumz account. In addition, Itumz reserves the right to refuse registration of, or cancel a Member account in its sole discretion and without prior warning.
5. The Content You Submit
By creating content such as lists, whether public or private, or making comments on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, video, computer software, or other materials. Itumz does not control the Content posted on the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; and
- the Content is not named in a manner that misleads your readers into thinking that you are another person or company.
Additionally, the following is a partial list of the kind of Content that is illegal and/or is prohibited on or through Itumz. You may NOT post any Content that:
- employs tactics to prevent the full and complete display of advertisements on Itumz pages. These include, but are not limited to, making webpage style changes, customizations, or overrides that effectively block or substantially impair the display of advertisements pages within the Website.
- violates any law, statute, ordinance or regulation including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising;
- is, or may reasonably be considered to be, offensive to users of Itumz, such as content that is defamatory, libelous, hateful, racially or religiously offensive, unlawfully threatening or unlawfully harassing to any individual or group;
- violates the privacy or publicity rights of any third party;
- promotes or provides instructional information about illegal activities, promotes physical harm or injury against any governmental entity, group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
- is pornographic or sexually explicit in nature; and
- seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
By submitting Content to Itumz, you retain your rights as owner of the Content, but you grant Itumz a world-wide, perpetual, royalty-free, irrevocable, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting the Website. If laws prevent such licensing, the volunteer agrees never to sue Itumz for the use of said Content. If you delete Content, Itumz will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Itumz has the right (though not the obligation) to, in Itumz's sole discretion, (i) refuse or remove any content that, in Itumz's reasonable opinion, violates any Itumz policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Itumz's sole discretion.
6. Your Obligations as a Visitor
Itumz has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Itumz does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. While Itumz attempts to make sure all Content posted on the Website follows the provisions in this Agreement, the Website may from time to time contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Itumz disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
7. Additional Restrictions and Prohibitions
In addition to and without limiting the generality of other provisions of this Agreement, you agree you will NOT:
- download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license or in any way commercially exploit any portion of the Website, except and to the extent expressly permitted under this Agreement;
- use any robot, spider, site search/retrieval application, or other device to retrieve, harvest or access any portion of the Website;
- harvest, collect or use addresses, phone numbers or email addresses or other contact information (collectively "Contact Information") of users of the Website without consent from such users;
- solicit private information (including social security numbers, credit card numbers and passwords) from users of the Website;
- create user accounts by automated means or under false or fraudulent pretenses;
- provide any false personal information in your profile, create more than one profile, transfer your profile, create a profile for anyone other than yourself or create a page without authorization;
- create or transmit to other Members unsolicited electronic communications, such as "spam," or otherwise interfere with other Members' enjoyment of the Website;
- use the Website to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Website or the Website's computer and network systems; and
- attempt, encourage or facilitate any of the above.
8. Links to Third Party Websites
Itumz, or relevant third parties, may provide links to other web sites or resources. Because Itumz has no control over such sites and resources, you acknowledge and agree that Itumz 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 Itumz 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 such content, goods or services available on or through any such site or resource.
10. Intellectual Property
This Agreement does not transfer from Itumz to you any Itumz or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Itumz. The Itumz logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of Itumz or Itumz's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Itumz or third-party trademarks.
Itumz reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Itumz may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Itumz may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Itumz account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided "as is". Itumz and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Itumz nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
14. Limitation of Liability
In no event will Itumz, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Itumz shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
15. General Representation and Warranty
You agree to indemnify and hold harmless Itumz, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including, but not limited to, out of your violation this Agreement.
This Agreement constitutes the entire agreement between Itumz and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Itumz, or by the posting by Itumz of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of British Columbia, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in British Columbia, Canada.
Please report all violations of this Agreement to firstname.lastname@example.org.