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SERVICE AGREEMENT (EULA)
September 29, 2008
This End-User License Agreement ("EULA") pertains
to all products (called the "Software" in this Agreement) downloaded,
used or obtained in other ways and containing associated media, printed
materials and electronic documentation. Read the terms and conditions of this
EULA before installing, copying, or otherwise using Interactive Ideas, Inc.
products, including but not limited to PremiumTalk™. PremiumTalk™ is a service
and registered trademark of Interactive Ideas, Inc., a software development
company wholly owned by Interactive Ideas, Inc. This EULA is a legal agreement
between you (an End User or End Users) and Interactive Ideas, Inc., a California corporation
("Interactive Ideas"). By clicking "I agree", installing,
copying, or otherwise using any part of the Software, any associated media, any
printed materials, or any "online" or electronic documentation, you
agree to be bound by the terms of this EULA. If you do not agree to the terms
of this EULA, please discontinue use of the Software and the Interactive Ideas,
Inc. family of websites.
1. ELIGIBILITY. Use of the PremiumTalk Services and registration to be a Member for
the PremiumTalk Services ("Membership") is void where prohibited. By using the
PremiumTalk Services, you represent and warrant that (a) all registration information
you submit is truthful and accurate; (b) you will maintain the accuracy of such
information; (c) you are 18 years of age or older; and (d) your use of the PremiumTalk
Services does not violate any applicable law or regulation. Your profile may be
deleted and your Membership may be terminated without warning, if we believe that
you are under PremiumTalk years of age, if we believe that you are under 18 years of
age and you represent yourself as 18 or older, or if we believe you are over 18 and
represent yourself as under 18.
2. GRANT OF NON-EXCLUSIVE, LIMITED LICENSE The Software is
licensed, not sold nor given away freely. Any rights not clearly and expressly
granted to you under this EULA are reserved to Interactive Ideas. Provided you
have paid any applicable fees and registered with Interactive Ideas and
otherwise complied with this EULA, Interactive Ideas grants you the following
personal, non-exclusive, non-transferable, limited rights: a) The End User agrees
to abide by the Operating Policies set forth herein, and to conform to
applicable local, State and federal laws, including but not limited to the
rules and policies of your professional association, if any. In cases where
data communications are addressed to those outside of the foregoing
jurisdictions, End Users are advised that acceptable use policies of those
other jurisdictions apply and may limit use. The End User agrees to conform to
the laws and regulations of the State of California
while using Interactive Ideas' services. If an End User resides in any
jurisdiction that does not allow the End User to conform to California law, the End User is not allowed
to use Interactive Ideas' services. b) Information received through
PremiumTalk.com or other Interactive Ideas' services by you may be displayed,
reformatted and printed for your personal use online in connection with the
services you provide via PremiumTalk.com. c) You may not decompile,
disassemble, extract or otherwise reverse engineer any of the Software. You
shall not have the right to obtain or use any source code for the Software. You
are not permitted to reproduce, retransmit, distribute, disseminate, sell,
rent, lease, loan, publish, broadcast or circulate the information received by
you or transmitted to you by PremiumTalk.com to anyone, including but not
limited to others in the same company or organization, without the express
prior written consent of Interactive Ideas. Site license and group subscription
plans are available.
3. COPYRIGHT AND "MORAL RIGHT" The Software and
its associated Web site screens, source code and the information available
through PremiumTalk.com as well as the way it is presented are the property of
Interactive Ideas, Inc. and protected by patent, copyright, trade secrecy and
other intellectual property laws. Interactive Ideas' copyrights include, but
are not necessarily limited to ©2000, ©2001, ©2002, ©2003, ©2004, ©2005, ©2006,
©2007, ©2008 Interactive Ideas, Inc. All Rights Reserved. Interactive Ideas
asserts its "Moral Right" to be identified as the author of this
work, in all jurisdictions which recognize the "Moral Right."
4. TRADEMARKS AND SERVICE MARKS Interactive Ideas owns a
number of registered and unregistered Trademarks and Service marks (the
"Marks"). These Marks are extremely valuable to Interactive Ideas and
shall not be used by you, or any other person, without Interactive Ideas'
express written permission. The Marks include, but are not necessarily limited
to the following: Interactive Ideas products and TranZmeter. Interactive Ideas
expressly reserves the right to use additional registered and unregistered
Marks in connection with its business, and such additional registered and
unregistered Marks shall be entitled to full protection under applicable law.
Any use of any Interactive Ideas' Mark shall be deemed an intentional and
willful violation of substantial rights of Interactive Ideas. In addition to
Interactive Ideas' Marks, some Interactive Ideas Products may include
trademarks or service marks owned by other corporations. These other marks
include, but are not necessarily limited to: WINDOWS, WINDOWS 95, WINDOWS 98,
WINDOWS ME, WINDOWS NT, WINDOWS 2000, WINDOWS XP, and VISTA
which are registered Trademarks of Microsoft Corporation. You shall not use any
of the Trademarks, or Service marks of Interactive Ideas, Microsoft
Corporation, Sun, or any other entity, without the express written permission
of such Trademark or Service mark owner.
5. DISCLAIMER OF WARRANTY, REMEDY, AND LIMITATIONS
Interactive Ideas does not warrant any connection to, transmission over, nor
results or use of, any network connection or facilities provided under this
Agreement. Interactive Ideas makes no warranties of any kind, whether express
or implied. Interactive Ideas assumes no responsibility for any damages
suffered by the account holder, including but not limited to loss of data,
miss-deliveries, delays, non-deliveries, or service interruptions. Interactive
Ideas has no liability for the quality, accuracy, or validity of the data /
information gathered by an End User from his or her or its Clients. Use of
information gathered through use of Interactive Ideas' services is at the risk
of the End User. YOU AS AN END USER ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SERVICE AND THE INTERNET. INTERACTIVE IDEAS DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH
THE SERVICE PROVIDED BY INTERACTIVE IDEAS SHALL NOT BE LIABLE FOR ANY INJURY,
COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
AS AN END USER, IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL INFORMATION PROVIDED THROUGH THE SERVICE.
INTERACTIVE IDEAS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE SERVICE, THE INFORMATION,
AND THE PROGRAMMING ARE PROVIDED TO YOU "AS IS" AND "WITH ALL
FAULTS". IN NO EVENT WILL INTERACTIVE IDEAS BE LIABLE FOR (I) ANY DIRECT,
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE OR
DOWNLOADED FROM THE SERVICE, EVEN IF INTERACTIVE IDEAS OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND / OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. THE
MAXIMUM DAMAGES AWARDED UNDER THIS AGREEMENT IS AN AMOUNT EQUAL TO ONE DOLLAR
IN U.S. FUNDS PER REGISTERED USER WHO FILES A FORMAL COMPLIANT.
6. TERMINATION The license will terminate automatically if
you fail to comply with the terms, conditions, or limitations contained in this
EULA, including the payment of applicable license or other fees. On
termination, you shall, at Interactive Ideas option either return to
Interactive Ideas or destroy all copies of the Software. Otherwise, this EULA
shall remain in force until terminated. You may terminate this EULA at any time
(with no obligation on the part of Interactive Ideas) by destroying all copies
of the Software, deleting any copies of the Software from your hard drives,
ceasing all use of the Software: and providing satisfactory proof to
Interactive Ideas that you have done so. The disclaimer of warranty and
limitations on liability contained in Section 4 shall continue in force even
after your rights to use the Software are terminated. If you elect to subscribe
to PremiumTalk.com services, your subscription will continue until terminated
by Interactive Ideas or until you notify Interactive Ideas by e-mail of your
decision to terminate your subscription. Interactive Ideas' may discontinue or
change the services provided on PremiumTalk.com, or its availability to you, at
any time and for any reason. You may always terminate your subscription at any
time.
7. GENERAL/MISCELLANEOUS CLAUSES This EULA shall be
governed by and construed under the substantive laws applicable to the State of
California,United States of America. If any
provision of this EULA is held to be unenforceable, the remaining provisions
shall remain in full force and effect. The undersigned agree that this EULA is
entered into in the County of Orange, California. They further agree that any
legal or equitable dispute brought or arising under this Agreement shall be
brought in the State and Federal courts for the County of Orange, California.
This Agreement constitutes the entire Agreement between the End User &
Interactive Ideas about the subject matter, and shall not be modified.
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