InterRelations Collaborative Terms of Service Agreement
1. Services and Conditions of Use. Welcome to InterRelations Collaborative's online service (the "Service"). As part of our service, the InterRelations Collaborative agrees to provide you with chat rooms and other computer services that InterRelations Collaborative may decide to offer, subject to the terms of this Agreement. Upon notice published through the Service, InterRelations Collaborative may modify this Agreement at any time. You agree and continue to agree to use InterRelations Collaborative's Services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as "Customer" from time to time in this Agreement.
2. Rules For Online Conduct for InterRelations Collaborative's Chat Rooms. By using the Service, you agree that you will not post any of the following material in Service chat rooms, bulletin boards, or other forums ("postings"):
Statements or postings which violate the above terms will be deleted from postings upon discovery.
3. Software Libraries and Copyrighted Materials. Only public domain software or graphics files or files where the owner has given express permission for online distribution may be posted to bulletin boards or in chat areas on the Service. The posting of any other type of file and the posting of links to any other type of file is strictly forbidden. Copyrighted material, including without limitation text, photographs, sound, video and music, may not be placed on the Service without the express permission of the author or owner of the copyright on the material. Customer acknowledges that only the owner or someone authorized by the owner to post the material may do so. The downloading of copyrighted material is allowed by Customers only for Customers' own use. Customers may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material. The burden of determining that any information, software or any other content on the Service is not protected by copyright rests with the Customer. Customer acknowledges that InterRelations Collaborative and/or third-party content providers remain the owners of the posted materials, and that Customer does not acquire any of those ownership rights by downloading copyrighted materials.
4. Names. You may select a name to use in connection with your postings on the bulletin boards and chat areas. However, you may not use a user name or e-mail address (i) with the intent of impersonating another person; (ii) belonging to another person without his or her consent; (iii) in violation of the intellectual property rights of any person; or (iv) that InterRelations Collaborative deems to be offensive.
5. Third Party Content. InterRelations Collaborative is a distributor of content supplied by third parties and users of the Service. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Customers or any other user of the Service, are those of the respective author(s) or distributor(s) and not of InterRelations Collaborative. Neither InterRelations Collaborative nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content or its fitness for any particular purpose. In many instances, the content available through the Service represents the opinions and judgments of the respective information provider, Customer, or other user of the Service, and not of InterRelations Collaborative.
6. Limitation of Liability And Warranty. Customer agrees that use of the service is entirely at Customer's own risk. InterRelations Collaborative's services are provided "as is," without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the Service and the results obtained through the Service. Specifically, InterRelations Collaborative disclaims any and all warranties, including without limitation: 1) Any warranties concerning the availability, accuracy or content of information, products or services; and 2) Any warranties of title or warranties of merchantability or fitness for a particular purpose.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Customer specifically acknowledges that InterRelations Collaborative is not liable for the defamatory, offensive or illegal conduct of other customers or third-parties and that the risk of injury from the foregoing rests entirely with Customer.
Neither InterRelations Collaborative nor any of its agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the Service or inability to gain access to or use the Service or out of any breach of any warranty. Customer hereby acknowledges that the provisions of this section shall apply to all content on the Service.
7. Monitoring. InterRelations Collaborative will have the right but not the obligation, to monitor the content of the bulletin boards and chat areas. InterRelations Collaborative may retain the services of independent contractors to perform these functions. InterRelations Collaborative maintains the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the bulletin boards or chat areas which InterRelations Collaborative believes is in violation of this Agreement.
8. External Links. The Service contains links to other web sites, resources and advertisers. InterRelations Collaborative is not responsible for the availability of these external sites nor does it endorse or is it responsible for any of the contents, advertising, products or other materials on such external sites. Under no circumstances shall InterRelations Collaborative be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on such external site. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.
9. Indemnification. Customer agrees to indemnify and hold InterRelations Collaborative harmless from any dispute which may arise from a breach of terms of this Agreement. Customer agrees to hold InterRelations Collaborative harmless from any claims and expenses related to Customer's violation of this Agreement, including the Rules of Conduct or any information, software or other content placed on the Service by Customer.
10. Termination of Service. InterRelations Collaborative may terminate your access rights to this Service at any time, without notice, for conduct that InterRelations Collaborative believes violates this Agreement or other policies or guidelines that InterRelations Collaborative has posted on an InterRelations Collaborative service. InterRelations Collaborative may terminate your access rights to this Service for online conduct that InterRelations Collaborative believes is harmful to other Customers, to InterRelations Collaborative's educational purposes, or to other information providers.
11. Choice Of Law. This Agreement shall be construed and controlled by the laws of the State of New York. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of New York. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of New York.
12. Merger Clause. This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between InterRelations Collaborative representatives and Customer. InterRelations Collaborative may amend or modify this Agreement or impose new conditions at any time upon notice from InterRelations Collaborative to Customer as published through the Service. Any use of the Service by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions.