|
1. Terms & Conditions The
Terms & Conditions below govern the use of the BlockX.org family
of web sites (referred to herein as the "Site") operated by The
Innovation Center Inc. (the "Company").
The Company will provide visitors and each registered user
("Member") with access to a variety of informational tools and
services. These are for use only in conjunction with the said
user's registered account(s). The Company, at its discretion,
may add to, amend or withdraw this package and all or any of the
sites, which together make up the Site. By visiting this site,
you agree to use the Site in a manner consistent with all
applicable laws and regulations and in accordance with the Terms
& Conditions set out below. The Company reserves the right to
impose additional terms, with such additional terms shall be
posted on the Site.
The Innovation Center Inc. and the BlockX.org website are not
owned, operated or directly affiliated with The Block X
Condominium Association, its subsidiaries, agents, affiliates or
any other entities. The services are simply provided by The
Innovation Center Inc. as a convenience to Members living in
Block X and visitors interested in learning more about Block X.
2. Terms of Membership
2.1. Membership is available to Homeowners and Residents
of Block X, who register all
required information, provide an accurate, legitimate
electronic mail address, and obtain a unique BlockX.org
Username and password.
The Company does not discriminate on the basis of age, gender,
or ethnicity. Each Member is allowed to have only one Membership
with the privileges associated with such Membership. The Company
allows one registered Membership per legitimate electronic mail
address. Any exceptions, including the use of one electronic
mail address by multiple users, must be approved by the Company.
Membership is intended for use only by the register Member and
is non-transferable. Please see the "Termination of Service"
clause below for additional Membership information.
3. Member Web Page Guidelines
3.1. The Company is not responsible for the content of any
Member postings.
The views expressed on any Members' postings hosted by the
Company are the responsibility of the Member who used our system
to create them and not the responsibility of the Company. The
Company reserves the right to inspect all Member postings for
material which, at the sole discretion of the Company is
considered to be objectionable, offensive or in any way
undesirable.
3.2. The Company has no obligation to provide phone
support or other additional support services to the Member.
3.3. The Company reserves the right to remove any page
from the Site at any time without notice.
3.4. The Company provides web pages but makes no implied
or express warranties about the reliability of these pages.
The Company is not responsible for any damage caused by loss of
access to, or deletion or alteration of pages.
3.5. The following is a non-exclusive list of actions and
content that are not permitted on the Site:
- Any use of copyrighted material without the express
permission of the author or owner. With specific regard to
issues of software piracy and copyrighted material, please see
section 6. below.
- Pages that exploit the images of children under 18 years
of age.
- Material that is grossly offensive to the BlockX.org
community, including clear expressions of bigotry, racism, or
hatred.
- Pages that promote illegal activity.
- Material that defames, abuses or threatens others.
- Pages that contain material inconsistent with the values
of the spirit of the BlockX.org Community.
- Use of a Web page as storage for remote loading.
- Making available copyrighted software which has been
"cracked" - i.e., the copyright protection has been removed
from the software;
- Making available serial numbers for software which can be
used illegally to validate or register software;
- Making available tools, which can be used primarily for
"cracking" software (this does not include tools that have
legitimate uses for software developers, system
administrators, etc.).
- Distribution of any other material that may involve a
breach of copyright. (for example, music)
4. Rules for Online Conduct
4.1. The Member agrees not to include any electronic mail
postings or web page content (together "Postings") that contain
any of the following material:
- Material that defames, abuses or threatens others.
- Statements that are bigoted, hateful or racially
offensive.
- Material that advocates illegal activity.
- Material that contains obscene content.
- Advertising or any form of commercial solicitation other
than advertising in accordance with any applicable advertising
standards and codes of conduct in connection with the Members
own postings or on a basis consistent with the Company's web
pages.
4.2. The Member agrees to ensure that all posted content
has been reviewed by the Member before it appears on the Site.
4.3. The Company reserves the right to edit, delete, or
move any Postings.
5. Privacy
5.1. The Company will keep confidential any information it
holds about a Member which is of a confidential nature and not
supplied for inclusion on the Site.
The Company reserves the right to distribute aggregated
demographic information provided by Members, but will not
release the name or other personal information about a Member
unless the Member gives its permission or it is required to do
so by law or other competent authorities or this is required in
the course of its administration on the Site.
5.2. The exchange between the Company and the Member of
information such as passwords or electronic mail may not be
secure given the current state of the Internet.
The Company encourages Members to act accordingly.
5.3. Postings and other communications with the Company in
the Membership area of the Site are not private and may be
published and edited at the discretion of the Company.
6. Copyrighted Material
6.1. All material on the Site, including, without
limitation, text, software, photos, video, graphics, music and
sound, are protected by U.S. and international copyright laws,
both as individual works and as a collection.
Unless otherwise stated, the downloading or use of copyrighted
material provided by the Company or a third-party content
provider is allowed by Members for its own internal business use
only. Members may not copy (save in connection with their
genuine internet business use), reproduce, retransmit,
distribute, publish, commercially exploit, or otherwise transfer
any such copyrighted material in any format, electronic or
otherwise.
6.2. No material protected by copyright may be placed on
the Site or the Membership area without the express permission
of the author or owner of the copyright on that material.
6.3. The Member shall not itself remove its page or pages
from the Site, nor shall it transfer or copy its page or pages
to any other site on the internet.
6.4. If the Company becomes aware of the presence of
copyright infringing material on its server either in the course
of its ordinary and reasonable business activities, or through
notification by a third-party of the alleged presence of such
materials, or as the result of a content scan the Company will:
- Contact the Member responsible for the page and alert him
or her of the allegations of copyright infringement and notify
the Member that within five days he or she must respond
explaining why the allegedly infringing material does not
constitute infringement of copyright. The Company will also
alert the Member that in the absence of such a response, the
Company reserves the right to delete the posting; and
- If the Member fails to respond within five days, the
Company may remove the posting. If the alerted party responds
to the allegations and claims the posting is not infringing,
the Company may either forward the response to the third party
alleging the infringement, or remove the posting or both.
If in its sole discretion, the Company concludes that one of
its Member web postings contains a severe copyright violation,
the Company reserves the right to delete the offending web page
or site at any time without notice.
7. Limitations of Liability and Warranty
7.1. The Member agrees that the use of the Site is
entirely at the Member's own risk.
- The Site is provided on an "as is" basis without
warranties of any kind, either express or implied.
- Neither the Company nor any third-party content or service
provider makes any warranty with respect to any content,
information, services, or products provided through or in
conjunction with the Site.
- The Company and third-party content providers make no
guarantee of the accuracy, correctness, or completeness of any
information on the site and are not responsible for:
- any errors or omissions arising from the use of such
information;
- any failures, delays, or interruptions in the delivery
of any content or services contained within the Site; or
- any losses or damages arising from the use of the
content or services provided by the Site.
7.2. On no account shall the Company have any liability to
the Member for consequential, special, economic or indirect
loss, for loss of savings or goodwill or for loss of revenue, or
personal injury or death.
7.3. The Member specifically agrees that the Company or
third-party content providers are not liable for any conduct by
Members associated with the Site, including, but not limited to,
Member web pages, Member profiles, surveys, chat rooms or
message boards.
8. Indemnity
8.1. The Member agrees to indemnify the Company and any
third-party information provider against any and all claims and
expenses, including legal fees, arising from the Member's use of
the Site. This expressly includes:
- Member's responsibility for any and all liability arising
from the violation or infringement of proprietary rights or
copyrights and
- any libellous or unlawful material contained within Member
web pages, profiles, or Postings.
9. Termination of Service
9.1. The Company may terminate Membership and any and all
information, communications, Postings, or web pages at any time,
without notice, for conduct that violates these Terms &
Conditions or other policies or guidelines set out by the
Company elsewhere on the Site, or by way of a decision made
solely by the Company for any reason..
The Company may terminate Membership and delete any and all
information, communications, Postings, or web pages for online
conduct that the Company believes is harmful to other Members,
the business of the Company, or other third-party information
providers. No payments will be offered on a termination of
Service.
12. Notice
12.1. All notices under this Agreement shall be in
writing, sent by [telex, facsimile, email, first class, special
or recorded post or email] to the notices sent by receiving
party at such address as has been notified to the other party.
In the case of first-class post the date of service shall be
deemed to be the day on which the notice posted. In the case of
notices sent by telex, facsimile or email the date of service
shall be deemed to be the day on which the notice was
transmitted, subject to a satisfactory transmission being
obtained. In the case of notices sent by special or recorded
delivery the date of service shall be deemed to be the date of
delivery.
13. Choice of Law
13.1 The Agreement shall be governed by and construed in
accordance with the laws of Illinois and shall be subject to the
exclusive jurisdiction of the Illinois Courts.
13. Entire Agreement
13.1 These Terms & Conditions constitute the entire
agreement between the parties with respect to their subject
matter and supersede any other agreement, proposals and
communications, written or oral, between the Company
representatives and the Member.
The Company may amend or supplement these Terms & Conditions at
any time without notice to the Members.
|