INTERNET POINT GATE TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Internet point gate ("Internet point gate") welcomes you.
Internet point gate provides its service to you subject to
the following Terms of Service ("TOS"), which may be updated
by us from time to time without notice to you. In addition,
when using particular Internet point gate owned or operated
services, you and Internet point gate shall be subject to
any posted guidelines or rules applicable to such services,
which may be posted from time to time. All such guidelines
or rules (including but not limited to our spam policy) are
hereby incorporated by reference into the TOS. Internet
point gate may also offer other services that are governed
by different Terms of Service.
2. DESCRIPTION OF SERVICE
Internet point gate provides users with access to a rich
collection of resources, including various communications
tools, forums, shopping services, search services,
personalized content and branded programming through its
network of properties which may be accessed through any
various medium or device now known or hereafter developed
(the "Service"). You also understand and agree that the
Service may include advertisements and that these
advertisements are necessary for Internet point gate to
provide the Service. You also understand and agree that the
Service may include certain communications from Internet
point gate, such as service announcements, administrative
messages and the Internet point gate Newsletter, and that
these communications are considered part of Internet point
gate membership and you will not be able to opt out of
receiving them. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service,
including the release of new Internet point gate properties,
shall be subject to the TOS. You understand and agree that
the Service is provided "AS-IS" and that Internet point gate
assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or
personalization settings. You are responsible for obtaining
access to the Service, and that access may involve
third-party fees (such as Internet service provider or
airtime charges). You are responsible for those fees,
including those fees associated with the display or delivery
of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the
Service.
Please be aware that Internet point gate has created certain
areas on the Service that contain adult or mature content.
You must be at least 18 years of age to access and view such
areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent
that you are of legal age to form a binding contract and are
not a person barred from receiving services under the laws
of the United States or other applicable jurisdiction. You
also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the
Service's registration form (the "Registration Data") and
(b) maintain and promptly update the Registration Data to
keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or
incomplete, or Internet point gate has reasonable grounds to
suspect that such information is untrue, inaccurate, not
current or incomplete, Internet point gate has the right to
suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion
thereof). Internet point gate is concerned about the safety
and privacy of all its users, particularly children. For
this reason, parents of children under the age of 13 who
wish to allow their children access to the Service must
create a Internet point gate Family Account. When you create
a Internet point gate Family Account and add your child to
the account, you certify that you are at least 18 years old
and that you are the legal guardian of the child/children
listed on the Internet point gate Family Account. By adding
a child to your Internet point gate Family Account, you also
give your child permission to access many areas of the
Service, including, email, message boards and instant
messaging (among others). Please remember that the Service
is designed to appeal to a broad audience. Accordingly, as
the legal guardian, it is your responsibility to determine
whether any of the Service areas and/or Content (as defined
in Section 6 below) are appropriate for your child.
4. INTERNET POINT GATE PRIVACY POLICY
Registration Data and certain other information about you is
subject to our Privacy Policy. For more information, see our
full privacy policy, or if you came from Internet point gate
Kids, then see our Internet point gate Kids privacy policy.
You understand that through your use of the Service you
consent to the collection and use (as set forth in the
Privacy Policy) of this information, including the transfer
of this information to the United States and/or other
countries for storage, processing and use by Internet point
gate and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon
completing the Service's registration process. You are
responsible for maintaining the confidentiality of the
password and account and are fully responsible for all
activities that occur under your password or account. You
agree to (a) immediately notify Internet point gate of any
unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your
account at the end of each session. Internet point gate
cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages, tags,
or other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the
person from whom such Content originated. This means that
you, and not Internet point gate, are entirely responsible
for all Content that you upload, post, email, transmit or
otherwise make available via the Service. Internet point
gate does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or
quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will
Internet point gate be liable in any way for any Content,
including, but not limited to, any errors or omissions in
any Content, or any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not
limited to, a Internet point gate official, forum leader,
guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted
through the Service;
e. upload, post, email, transmit or otherwise make available
any Content that you do not have a right to make available
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);
f. upload, post, email, transmit or otherwise make available
any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights") of
any party;
g. upload, post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those
areas (such as shopping) that are designated for such
purpose (please read our complete spam police);
h. upload, post, email, transmit or otherwise make available
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;
i. disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are able to
type, or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Service;
k. 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;
l. provide material support or resources (or to conceal or
disguise the nature, location, source, or ownership of
material support or resources) to any organization(s)
designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the
Immigration and Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in
connection with the prohibited conduct and activities set
forth in paragraphs a through m above.
You acknowledge that Internet point gate may or may not
pre-screen Content, but that Internet point gate and its
designees shall have the right (but not the obligation) in
their sole discretion to pre-screen, refuse, or remove any
Content that is available via the Service. Without limiting
the foregoing, Internet point gate and its designees shall
have the right to remove any Content that violates the TOS
or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard,
you acknowledge that you may not rely on any Content created
by Internet point gate or submitted to Internet point gate,
including without limitation information in Internet point
gate Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that Internet point gate
may access, preserve and disclose your account information
and Content if required to do so by law or in a good faith
belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content
violates the rights of third parties; (d) respond to your
requests for customer service; or (e) protect the rights,
property or personal safety of Internet point gate, its
users and the public.
You understand that the technical processing and
transmission of the Service, including your Content, may
involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of
connecting networks or devices.
You understand that the Service and software embodied within
the Service may include security components that permit
digital materials to be protected, and that use of these
materials is subject to usage rules set by Internet point
gate and/or content providers who provide content to the
Service. You may not attempt to override or circumvent any
of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution
or public exhibition of the materials provided on the
Service, in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON INTERNET POINT
GATE NETWORK
When you register with Internet point gate, you acknowledge
that in using Internet point gate services to send
electronic communications (including but not limited to
email, search queries, sending messages to Internet point
gate Chat or Internet point gate Groups, uploading photos
and files to Internet point gate Photos or Briefcase, and
other Internet activities), you will be causing
communications to be sent through Internet point gate's
computer networks, portions of which are located in
California, Texas, Virginia, and other locations in the
United States and portions of which are located abroad. As a
result, and also as a result of Internet point gate's
network architecture and business practices and the nature
of electronic communications, even communications that seem
to be intrastate in nature can result in the transmission of
interstate communications regardless of where you are
physically located at the time of transmission. Accordingly,
by agreeing to this Terms of Service, you acknowledge that
use of the service results in interstate data transmissions.
Internet point gate Messenger, including any web-based
versions, will allow you and the people with whom you
communicate to save your conversations in your Internet
point gate accounts located on Internet point gate servers.
This means you can access and search your message history
from any computer with access to the internet. Whether or
not you use this feature, other users may choose to use it
to save conversations with you in their account on Internet
point gate too. Your agreement to this TOS constitutes your
consent to allow Internet point gate to store these
communications on its servers. From time to time Internet
point gate will send you notices through the Internet point
gate Messenger Service to let you know about important
changes to the Internet point gate Messenger or related
Services. Such messages may not be received if you violate
this TOS by accessing the Service in an unauthorized manner.
Your agreement to this TOS co
nstitutes your agreement that you are deemed to have
received any and all notices that would have been delivered
had you accessed the Service in an authorized manner.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical
data exported from the United States or the country in which
you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON
THE SERVICE
Internet point gate does not claim ownership of Content you
submit or make available for inclusion on the Service.
However, with respect to Content you submit or make
available for inclusion on publicly accessible areas of the
Service, you grant Internet point gate the following
worldwide, royalty-free and non-exclusive license(s), as
applicable:
a. With respect to Content you submit or make available for
inclusion on publicly accessible areas of Internet point
gate Groups, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purposes of providing
and promoting the specific Internet point gate Group to
which such Content was submitted or made available. This
license exists only for as long as you elect to continue to
include such Content on the Service and will terminate at
the time you remove or Internet point gate removes such
Content from the Service.
b. With respect to photos, graphics, audio or video you
submit or make available for inclusion on publicly
accessible areas of the Service other than Internet point
gate Groups, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purpose for which such
Content was submitted or made available. This license exists
only for as long as you elect to continue to include such
Content on the Service and will terminate at the time you
remove or Internet point gate removes such Content from the
Service.
c. With respect to Content other than photos, graphics,
audio or video you submit or make available for inclusion on
publicly accessible areas of the Service other than Internet
point gate Groups, the perpetual, irrevocable and fully
sublicensable license to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform and publicly
display such Content (in whole or in part) and to
incorporate such Content into other works in any format or
medium now known or later developed.
"Publicly accessible" areas of the Service are those areas
of the Internet point gate network of properties that are
intended by Internet point gate to be available to the
general public. By way of example, publicly accessible areas
of the Service would include Internet point gate Message
Boards and portions of Internet point gate Groups, Photos
and Briefcase that are open to both members and visitors.
However, publicly accessible areas of the Service would not
include portions of Internet point gate Groups that are
limited to members, Internet point gate services intended
for private communication such as Internet point gate Mail
or Internet point gate Messenger, or areas off of the
Internet point gate network of properties such as portions
of World Wide Web sites that are accessible via hypertext or
other links but are not hosted or served by Internet point
gate.
10. CONTRIBUTIONS TO INTERNET POINT GATE
By submitting ideas, suggestions, documents, and/or
proposals ("Contributions") to Internet point gate through
its suggestion or feedback webpages, you acknowledge and
agree that: (a) your Contributions do not contain
confidential or proprietary information; (b) Internet point
gate is not under any obligation of confidentiality, express
or implied, with respect to the Contributions; (c) Internet
point gate shall be entitled to use or disclose (or choose
not to use or disclose) such Contributions for any purpose,
in any way, in any media worldwide; (d) Internet point gate
may have something similar to the Contributions already
under consideration or in development; (e) your
Contributions automatically become the property of Internet
point gate without any obligation of Internet point gate to
you; and (f) you are not entitled to any compensation or
reimbursement of any kind from Internet point gate under any
circumstances.
11. INDEMNITY
You agree to indemnify and hold Internet point gate and its
subsidiaries, affiliates, officers, agents, employees,
partners and licensors harmless from any claim or demand,
including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post,
transmit or otherwise make available through the Service,
your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights
of another.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade,
resell or exploit for any commercial purposes, any portion
of the Service (including your Internet point gate ID), use
of the Service, or access to the Service.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Internet point gate may establish
general practices and limits concerning use of the Service,
including without limitation the maximum number of days that
email messages, message board postings or other uploaded
Content will be retained by the Service, the maximum number
of email messages that may be sent from or received by an
account on the Service, the maximum size of any email
message that may be sent from or received by an account on
the Service, the maximum disk space that will be allotted on
Internet point gate's servers on your behalf, and the
maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You
agree that Internet point gate has no responsibility or
liability for the deletion or failure to store any messages
and other communications or other Content maintained or
transmitted by the Service. You acknowledge that Internet
point gate reserves the right to log off accounts that are
inactive for an extended period of time. You further
acknowledge that Internet point gate reserves the right to
modify these general practices and limits from time to time.
14. MODIFICATIONS TO SERVICE
Internet point gate reserves the right at any time and from
time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or
without notice. You agree that Internet point gate shall not
be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
15. TERMINATION
You agree that Internet point gate may, under certain
circumstances and without prior notice, immediately
terminate your Internet point gate account, any associated
email address, and access to the Service. Cause for such
termination shall include, but not be limited to, (a)
breaches or violations of the TOS or other incorporated
agreements or guidelines, (b) requests by law enforcement or
other government agencies, (c) a request by you
(self-initiated account deletions), (d) discontinuance or
material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems, (f)
extended periods of inactivity, (g) engagement by you in
fraudulent or illegal activities, and/or (h) nonpayment of
any fees owed by you in connection with the Services.
Termination of your Internet point gate account includes (a)
removal of access to all offerings within the Service,
including but not limited to Internet point gate Mail,
Groups, Messenger, Chat, Domains, Personals, Auctions,
Message Boards, Greetings, Alerts and Games, (b) deletion of
your password and all related information, files and content
associated with or inside your account (or any part
thereof), and (c) barring of further use of the Service.
Further, you agree that all terminations for cause shall be
made in Internet point gate's sole discretion and that
Internet point gate shall not be liable to you or any third
party for any termination of your account, any associated
email address, or access to the Service.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or
through the Service, including payment and delivery of
related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that
Internet point gate shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such
advertisers on the Service.
17. LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because Internet
point gate has no control over such sites and resources, you
acknowledge and agree that Internet point gate 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 Internet point gate 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.
18. INTERNET POINT GATE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that is
protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented
to you through the Service or by advertisers is protected by
copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly permitted
by applicable law or authorized by Internet point gate or
advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
Internet point gate grants you a personal, non-transferable
and non-exclusive right and license to use the object code
of its Software on a single computer; provided that you do
not (and do not allow any third party to) copy, modify,
create a derivative work from, reverse engineer, reverse
assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not
to modify the Software in any manner or form, nor to use
modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any
means other than through the interface that is provided by
Internet point gate for use in accessing the Service.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INTERNET
POINT GATE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM
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.
b. INTERNET POINT GATE AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO
WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND
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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM INTERNET POINT GATE OR THROUGH OR FROM
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC
SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE.
CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED
EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF
PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR
FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN
PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF
THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY
OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE:
DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF
AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR
CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INTERNET POINT GATE
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU
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 INTERNET POINT GATE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
21. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 19 AND 20 MAY NOT APPLY TO
YOU.
22. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL
MATTERS
If you intend to create or join any service, receive or
request any news, messages, alerts or other information from
the Service concerning companies, stock quotes, investments
or securities, please read the above Sections 19 and 20
again. They go doubly for you. In addition, for this type of
information particularly, the phrase "Let the investor
beware" is apt. The Service is provided for informational
purposes only, and no Content included in the Service is
intended for trading or investing purposes. Internet point
gate and its licensors shall not be responsible or liable
for the accuracy, usefulness or availability of any
information transmitted or made available via the Service,
and shall not be responsible or liable for any trading or
investment decisions based on such information.
23. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in
this TOS, there shall be no third-party beneficiaries to
this agreement.
24. NOTICE
Internet point gate may provide you with notices, including
those regarding changes to the TOS, including by but not
limited to email, regular mail, SMS, MMS, text message,
postings on the Service, or other reasonable means now known
or hereinafter developed.
Internet point gate respects the intellectual property of
others, and we ask our users to do the same. Internet point
gate may, in appropriate circumstances and at its
discretion, disable and/or terminate the accounts of users
who may be repeat infringers. If you believe that your work
has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been
otherwise violated, please provide Internet point gate's
Copyright Agent the following information:
a. an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or
other intellectual property interest;
b. a description of the copyrighted work or other
intellectual property that you claim has been infringed;
c. a description of where the material that you claim is
infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner,
its agent, or the law;
f. a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that
you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property
owner's behalf.
Internet point gate's Agent for Notice of claims of
copyright or other intellectual property infringement can be
reached as follows:
By mail:
Copyright Agent
c/o Internet point gate
Viale Vasco de Gama 31phone: +39 06 333490643
By email: staff@internetpointgate.com
25. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement
between you and Internet point gate and governs your use of
the Service, superseding any prior agreements between you
and Internet point gate with respect to the Service. You
also may be subject to additional terms and conditions that
may apply when you use or purchase certain other Internet
point gate services, affiliate services, third-party content
or third-party software.
Choice of Law and Forum. The TOS and the relationship
between you and Internet point gate shall be governed by the
laws of the State of Italy without regard to its conflict of
law provisions.
You and Internet point gate agree to submit to the personal
and exclusive jurisdiction of the courts located within the
county of Rome, Italy
Waiver and Severability of Terms. The failure of Internet
point gate to exercise or enforce any right or provision of
the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in
full force and effect.
No Right of Survivorship and Non-Transferability. You agree
that your Internet point gate account is non-transferable
and any rights to your Internet point gate ID or contents
within your account terminate upon your death. Upon receipt
of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any
statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the TOS
must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience only and
have no legal or contractual effect.
26. VIOLATIONS
Please report any violations of the TOS to our Customer care
group.
