| |
|
This
section contains important legal information and disclaimers
that may affect your rights when you use this site. We recommend
that your read this section carefully.
When
you use imandla.com, you are agreeing to and consenting
to the notices, disclaimers, terms and conditions outlined
in this notice and in other notices on imandla.com.
|
|
LEGAL
NOTICES
COPYRIGHT
All web site design, text, titles, characters, names, graphics,
the selection and arrangement thereof are property of Regenesys, Inc. on behalf of and the benefit of the Life Enhancement Ceter, Inc. and its affiliated licensors.
To reproduce, republish, upload, post, transmit, distribute
or publicly display material from this web site you will need
written permission from Regenesys, Inc.. Unless otherwise
stated, users may view and download material from this site
only for personal, non-commercial, home use.
Copyright
©2006-2007 by Regenesys, Inc. All rights reserved.
TRADEMARKS
Life Enhancement Center, Inc., this web site, and the accompanying logos and designs, all
product names, and all page headers, custom graphics, and
button icons contained on this web site are service marks,
trademarks, trade names and/or trade dress of imandla, Inc. All other trademarks, service marks and companies' names
or logos cited herein are the property of their respective
owners.
DISCLAIMER
This Website contains information on activities,
events, and programs of interest to and as a service to the
clients of imandla, Inc. The content of these
pages, and the views expressed herein are those of the individual
authors and various contributors and the is not official unless
otherwise noted. The content may not necessarily reflect the
views and positions of the Life Enhancment Center, Inc., it's owners, shareholders, management, employees, or their affiliates. The inclusion of commercial
products or links thereto does not imply endorsement of said
products or their makers.
TERMS
OF USE OF THIS WEBSITE
1.
ACCEPTANCE OF TERMS
This Website is owned and operated by Regenesys,
Inc. on behalf of imandla, Inc. (hereinafter and collectively "Providers"). The Providers provide this 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.
Please read these terms carefully before using the Website.
By using the site, you agree to be bound by the TOS.
2.
DESCRIPTION OF SERVICE
This Website currently provides or may provide users with
access to a rich collection of on-line resources, including,
various communications tools, online forums, shopping services,
personalized content and branded programming through its network
of properties (the "Service"). You understand and
agree that the Service is provided "AS-IS," with
no warranties of any kind either express or implied, and that
the Providers assume no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or
personalization settings. To the extent permissible pursuant
to applicable law, the Providers disclaims all warranties, express or
implied, including but not limited to implied warranties of
merchantability and fitness for a particular purpose. The Providers do not warrant or represent that the information
is accurate or reliable or that the Website will be free of
errors or viruses.
Under
no circumstances, including but not limited to negligence,
will the Providers be liable for special or consequential damages that
result from the use or inability to use the Service or the
materials in the Website. In no event shall the Providers' liability
to a user for any loss, damage or claim exceed the amount
paid to Providers by the user for accessing this site.
In
order to use the Service, you must obtain access to the World
Wide Web, either directly or through devices that access web-based
content, and pay any service fees associated with such access.
In addition, you must provide all equipment necessary to make
such connection to the World Wide Web, including a computer
and modem or other access device.
3.
YOUR REGISTRATION OBLIGATIONS
In order to use certain aspects of the Service, the user may
be required to register with the Providers as indicated in the Website.
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form
(such information being 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 the Providers have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete,
the Providers 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).
4.
THIS WEBSITE'S PRIVACY POLICY
A.
COLLECTING PERSONAL INFORMATION
Regenesys, Inc. may collect certain personal
information from you, by necessity, when you register to
use various portions of the Website, including but not limited
to your name, mailing address, email address, phone number,
gender, and birth date.
We
may also collect personal information from you when you
request additional information from us or when you use areas
of the Website in which users voluntarily provide content
submissions or suggestions or otherwise participate in interactive
online activities, including but not limited to participation
in our online surveys.
We
may also collect information regarding your activities on
the Website, including but not limited to information regarding
the navigation paths you take. We may also collect user
population, demographic information, traffic patterns and
other information about the online activities of our users
on an aggregate basis.
B.
USE AND DISCLOSURE OF PERSONAL INFORMATION
We
may use your personal information primarily for the purposes
of marketing and promoting our programs and providing you
with a customized experience on the Website. We may also
use your personal information to provide you with information
and customer service, to notify you of changes to the Website
and to respond to your request for information.
We
do not sell your personal information to any unaffiliated
third parties and we generally do not share your personal
information with any third parties other than our affiliates
and other third parties with whom we have a close relationship
who agree to protect the privacy of the information in the
same manner we do.
We
may also disclose our users' personally identifiable information
in special cases when we have reason to believe that disclosing
such information is necessary to identify, contact or bring
legal action against someone who may be causing injury to
or interference with the Providers rights or property, other users
of the Website, or anyone else that could be harmed by such
activities. We may also disclose your personally identifiable
information when we believe in good faith that the law requires
it or for administrative and other purposes that we deem
necessary to maintain, service, and improve the Website.
The
description of our use of your personally identifiable information
above is not exclusive.
C.
CONTACTING YOU
If you opt-in to receive promotional material, we may send
you newsletters and other materials from time to time containing
information that we think may be of interest to you. If
you later decide you do not wish to receive any further
marketing materials, you may opt-out of receiving future
mailings by sending an email to webmaster@imandla.com.
Please be aware that we may contact you for administrative
purposes, to notify you about important changes to the Site
or to respond to your inquiries, even if you unsubscribe
from our mail list.
D.
COOKIES
Like most web sites, the Website may use "cookies,"
which are small pieces of information that are stored by
your browser on your computer's hard drive. Advertising
networks that serve ads onto the Website may also use their
own cookies. The use of cookies enable us to obtain information
about your use of the Website, such as whether you have
visited the Website more than once and how you found us.
This information allows us to more effectively tailor the
Website and outreach efforts and make Web-surfing easier
for you by saving your passwords and preferences while you're
at the Website. In addition, many improvements and updates
to the Website are based on data obtained from the use of
cookies, such as the total number of visitors and pages
viewed.
Most
Web browsers automatically accept cookies, but you can usually
change your browser settings to prevent it. However, if
you choose to disable our cookies, you may not be able to
use certain features of the Website.
In
some cases we may also track or collect information about
your use of the Website by small, 1-pixel gifs (Web bugs),
the numeric address assigned to the computer you are using
(your IP address) or by the URLs that you come from or leave
to. These methods allow us to analyze trends across the
Website, such as which of our Web pages are most popular
and to track your behavior on the Website, such as which
articles you choose to read. We also use this information
to resolve server problems and to administer the Website.
Generally, we use this information for internal analysis
and do not associate this information with any other personally
identifiable information that you may have provided us.
E.
ACCESSING AND CORRECTING YOUR INFORMATION
If you would like to review, update or correct the personal
information you have provided to us, you may do so by notifying
us by electronic message at webmaster@imandla.com.
F.
LINKS AND SERVICE PROVIDERS
Except as otherwise discussed in this Privacy Policy,
this document only addresses the use and disclosure by the Providers
of information the Website collects from or about you. This
Website may contain links to other sites and we may engage
third party advertisers, suppliers or other service providers,
each of which may adhere to their own privacy customs and
policies. The Providers do not control the
content or privacy policies of such sites or the privacy
policies of such third parties. The Providers
accept no responsibility or liability for privacy or other
issues related to the collection or use of your information
by such other sites or third parties. We encourage you to
be aware when you leave the Website and to read the privacy
statements of each site you visit.
G.
MODIFICATIONS TO THE POLICY
We may modify the Privacy Policy at any time by updating
this Web page. Please check back to this area of Website
to look for changes in the Privacy Policy so that you are
always aware of what information we collect, how we use
that information and under what circumstances we disclose
the information to third parties. Any modifications made
to the Privacy Policy will automatically become effective
thirty (30) days after posting and your continued use of
the Website following these changes will constitute your
consent to the Privacy Policy, as changed. If at any point
we decide to use personally identifiable information in
a manner different than what our Privacy Policy stated at
the time the information was collected, we will send you
an email notification and you may opt-out of having that
information used in the different manner by sending us an
email at webmaster@imandla.com indicating that you do not wish information collected by
the Providers prior to the change to be used in the manner described
in the Privacy Policy, as changed.
H.
SECURITY OF PERSONAL INFORMATION
We share your concern over the safety and security of
your personal information on the Internet and have implemented
procedures to promote the safety and security of the information
we collect online. We use industry standard efforts (such
as secure sockets layers, where appropriate) to safeguard
the confidentiality of your personally identifiable information.
Unfortunately, no data transmission over the Internet can
be guaranteed to be 100% secure and we cannot ensure that
all of your private communications and other personally
identifiable information will never be disclosed in ways
not otherwise described in this Privacy Policy. For example,
we may be forced to disclose information to the government
or third parties under certain circumstances, or third parties
may unlawfully intercept or access transmissions or private
communications.
5.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation upon completing
the registration process for various parts of the Website.
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 the Providers 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. The Providers cannot and will not be liable for any
loss or damage arising from your failure to comply with this
Section 5.
6.
USER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that
you, and not the Providers, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available
via the Website. The Providers do not control
all of the Content posted on the Website and, as such, does
not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Website, you may be exposed
to Content that is offensive, indecent or objectionable. Under
no circumstances will the Providers 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, transmitted
or otherwise made available via the Website.
You agree to not use the Website to:
A.
upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive,
harassing, , 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 Regenesys, Inc. or Life Enhancement Centers, Inc. 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 Website;
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
rooms) that are designated for such purpose;
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 Website
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. "stalk" or otherwise harass another; or
M. collect or store personal data about other users.
You
acknowledge that the Providers may not pre-screen Content, but that the Providers
and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that
is available via the Website. Without limiting the foregoing,
the Providers 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 the Providers or submitted to the Providers in all parts of the Website.
You
acknowledge and agree that the Providers may preserve Content and may
also disclose Content if required to do so by law or in the
good faith belief that such 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; or (d) protect the rights, property,
or personal safety of the Providers, its users and the public.
You
understand that the technical processing and transmission
of the Website, 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
may not use any "robot," "spider" or other
automatic device, or a program, algorithm or methodology having
similar processes or functionality, or any manual process,
to monitor or copy any of the Website, data or content found
on this site, in any case without the prior written permission
of the Providers. You agree that you will not transmit or otherwise transfer
any Web pages, data or content found on the Website to any
other computer, server, Web site, or other medium for mass
distribution or for use in any commercial enterprise. You
agree that you will not use any device, software or routine
to interfere or attempt to interfere with the proper working
of the Website. You agree that you will not take any action
that imposes a burden or load on our infrastructure that the Providers
deem in its sole discretion to be unreasonable or disproportionate
to the benefits the Providers obtain from your use of the site.
7.
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.
8.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON AncientMariner.us
The Parties do not claim ownership of Content
you submit or make available for inclusion on the Website.
However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Website,
you grant the Providers the following world-wide, royalty free and non-exclusive
license(s), as applicable:
With respect to all Content you submit or make available for inclusion on publicly accessible areas of the Website, including and not limited to photos, graphics, audio
or video, 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 Website are those areas of the
Providers network of properties that are intended by the Providers to be available
to the general public.
9.
INDEMNITY
You agree to indemnify and hold the Providers, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners,
and employees, 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 make
available through the Website, your use of the Service, your
connection to the Website, your violation of the TOS, or your
violation of any rights of another.
10.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of the
Website, use of the Service thereon, or access to the Service
thereon.
11.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that the Providers may establish general practices and
limits concerning use of the Website and the Service thereon,
including without limitation the maximum number of days that
email messages, message board postings or other uploaded Content
will be retained by the Providers, the maximum number of email messages
that may be sent from or received by an account on the Website,
the maximum size of any email message that may be sent from
or received by an account on the Website, the maximum disk
space that will be allotted on the Providers' servers on your behalf,
and the maximum number of times (and the maximum duration
for which) you may access the Website in a given period of
time. You agree that the Providers have no responsibility or liability
for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted
by the Website. You acknowledge that the Providers reserve the right
to log off accounts that are inactive for an extended period
of time. You further acknowledge that the Providers reserve the right
to change these general practices and limits at any time,
in its sole discretion, with or without notice.
12.
MODIFICATIONS TO SERVICE
The Providers reserve 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 the Providers shall not be liable to you or to
any third party for any modification, suspension or discontinuance
of the Service.
13.
TERMINATION
You agree that the Providers, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Website,
and remove and discard any Content within the Website, for
any reason, including, without limitation, for lack of use
or if the Providers believe that you have violated or acted inconsistently
with the letter or spirit of the TOS. The Providers may also in its sole discretion and at any time discontinue
providing the Website, or any part thereof, with or without
notice. You agree that any termination of your access to the
Website under any provision of this TOS may be effected without
prior notice, and acknowledge and agree that the Providers 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 Service. Further, you agree that the Providers shall
not be liable to you or any third-party for any termination
of your access to the Website.
14.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Website,
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 the Providers 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 Website.
15.
LINKS
The Website may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because the Providers have no control over such sites and resources, you acknowledge
and agree that the Providers are 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 the Providers 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.
16.
THE PROVIDERS' PROPRIETARY RIGHTS
You acknowledge and agree that the Website and any necessary
software used in connection with the Website ("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 Website or advertisers
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly
authorized by the Providers or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works
based on the Website or the Software, in whole or in part.
The Providers grant 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 of, 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, or to use modified versions of the
Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Website. You agree not
to access the Website by any means other than through the
interface that is provided by the Providers for use in accessing the
Website.
17.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROVIDERS 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 OU 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.
18.
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 17 AND 18 MAY NOT APPLY
TO YOU.
19.
NOTICE
Notices to you may be made via either email or regular
mail. The Providers may also provide notices of
changes to the TOS or other matters by displaying notices
or links to notices to you generally on the Website.
20.
COPYRIGHTS AND COPYRIGHT AGENTS
A.
USE OF DOCUMENTS
Permission to use Documents (such as press releases,
data sheets and FAQs) from the Website is granted, provided
that (1) both the Providers copyright notice and this permission notice
appear (unless otherwise noted), (2) use of such Documents from this Server is for
informational and non-commercial or personal use only and
will not be copied or posted on any network computer or
broadcast in any media, and (3) no modifications of any
Documents are made (unless otherwise noted).
Current clients of imandla, Inc. may utilize
the information found on this web site for their own personal
and nonprofit use.
Educational institutions (specifically
K-12, universities and state community colleges) may download
and reproduce the Documents for distribution in the classroom.
Distribution outside the classroom requires express written
permission.
Use for any other purpose is expressly prohibited
by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
The term "Documents" as used in this section do not include the design or layout of the
Website. Elements of the Website are protected by trade
dress, trademark, unfair competition, and other laws and
may not be copied or imitated in whole or in part. No logo,
graphic, sound or image from any Regenesys, Inc. or Life Enhancement Center, Inc. website may be copied
or retransmitted unless expressly permitted by Regenesys, Inc.
B.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should be
sent to the Provider's Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY
FOR NOTIFYING REGENESYS, INC. THAT YOUR COPYRIGHTED MATERIAL MAY HAVE
BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR
TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY
REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written
notification must be submitted to the following Designated
Agent:
Regenesys, Inc.
P.O. Box 1001
Spanish Fork, UT 84660-1001
801-794-0148 office
801-794-0149 facsimile
webmaster@imandla.com
To
be effective, the Notification must include the following:
1.
A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that
is allegedly infringed;
2.
Identification of the copyrighted work claimed to have been
infringed, or if multiple copyrighted works at a single
online site are covered by a single notification, a representative
list of such works at that site;
3.
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, and
information reasonably sufficient to permit the service
provider to locate the material;
4.
Information reasonably sufficient to permit the service
provider to contact the Complaining Party, such as an address,
telephone number, and if available, an electronic mail address
at which the complaining party may be contacted;
5.
A statement that the Complaining Party has a good faith
belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent,
or the law; and
6.
A statement that the information in the notification is
accurate, and under penalty of perjury, that the Complaining
Party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Upon
receipt of the written Notification containing the information
as outlined in 1 through 6 above, the Providers
shall:
1.
remove or disable access to the material that is alleged
to be infringing;
2.
forward the written notification to such alleged infringer
("Subscriber");
3.
take reasonable steps to promptly notify the Subscriber
that it has removed or disabled access to the material.
Counter
Notification: The Providers are not liable
to Subscriber for removal or disabling the material. If
Subscriber believes that the removal or disabling was in
error, Subscriber must provide the Providers with a counter-notification
to have the materials replaced. To be effective, a Counter
Notification must be a written communication provided to
the Regenesys, Inc. Designated Agent that includes substantially the
following:
1.
A physical or electronic signature of the Subscriber;
2.
Identification of the material that has been removed or
to which access has been disabled and the location at which
the material appeared before it was removed or access to
it was disabled;
3.
A statement under penalty of perjury that the Subscriber
has a good faith belief that the material was removed or
disabled as a result of mistake or misidentification of
the material to be removed or disabled;
4.
The Subscriber's name, address, and telephone number, and
a statement that the Subscriber consents to the jurisdiction
of Federal District Court for the judicial district in which
the address is located, or if the Subscriber's address is
outside of the United States, for any judicial district
in which the Service Provider may be found, and that the
Subscriber will accept service of process from the person
who provided notification or an agent of such person
Upon
receipt of a Counter Notification containing the information
as outlined in 1 through 4 above, the Providers
shall:
1.
promptly provide the Complaining Party with a copy of the
Counter Notification;
2.
inform the Complaining Party that it will replace the removed
material or cease disabling access to it within ten (10)
business days;
3.
replace the removed material or cease disabling access to
the material within ten (10) to fourteen (14) business days
following receipt of the Counter Notification, provided
Service Provider's Designated Agent has not received notice
from the Complaining Party that an action has been filed
seeking a court order to restrain Subscriber from engaging
in infringing activity relating to the material on Service
Provider's network or system.
21.
GENERAL INFORMATION
The TOS constitutes the entire agreement between you and
the Providers and govern your use of the Website, superceding any prior
agreements between you and the Providers. You also may be subject to
additional terms and conditions that may apply when you use
affiliate services, third-party content or third-party software.
The TOS and the relationship between you and the Providers shall be governed
by the laws of the State of Utah without regard to its conflict
of law provisions. You and the Providers agree to submit to the personal
and exclusive jurisdiction of the courts located within U.S.
District Court for the District of Utah. The failure of the Providers
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. 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.
23.
VIOLATIONS
Please report any violations of the TOS to webmaster@imandla.com
24.
ATTORNEY'S FEES.
If the Providers or their affiliates take any action to enforce the TOS, such parties will be entitled to recover from you, and you
agree to pay, all reasonable and necessary attorney's fees
and any cost of litigation, in addition to any other relief,
at law or in equity, to which such parties may be entitled.
25.
INJUNCTIVE RELIEF.
You acknowledge that a violation or attempted violation of
any of the TOS will cause such damage to the Providers as will be irreparable,
the exact amount of which would be difficult to ascertain
and for which there will be no adequate remedy at law. Accordingly,
you agree that the Providers shall be entitled as a matter of right to
an injunction issued by any court of competent jurisdiction,
restraining such violation or attempted violation of these
terms and conditions by You, or Your affiliates, partners,
or agents, as well as recover from You any and all costs and
expenses sustained or incurred by the Providers in obtaining such an
injunction, including, without limitation, reasonable attorney's
fees. You agree that no bond or other security shall be required
in connection with such injunction.
|
|
|