TERMS & CONDITIONS: Idaho Global, Inc. (aka iPorn.com) Copyright 2008 Idaho Global, Inc. All rights reserved.
This website, content contained on the website and services offered through this website may contain sexually explicit material not intended to be used or viewed by persons under the age of 18. By using this site, you hereby certify that you are doing so of your own free will and that you are at least 18 years of age, or age of majority in my legal jurisdiction (whichever is greater). You further agree not to allow any other persons who are not at least 18 years of age access to this site, its contents or services. Your use of our Internet site or any of the products or services offered on those sites (collectively, the "Service") is subject to these Terms of Use (these "Terms"). We may modify these Terms at any time without notice to you by posting revised Terms on our sites. Your use of our sites constitutes your binding acceptance of these Terms, including any modifications that we make. Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control. These Terms govern the use of this website provided by Idaho Global, Inc. and the Service by the person who uses the Service, having registered and provided a name and email address to do so (the "User") User. Please read through the terms and conditions and tick the "I accept" box located on this website to acknowledge acceptance. Idaho Global, Inc. reserves the right to amend these Terms and Conditions at any time and from time to time by posting changes on this website and the User acknowledges that its continued use signifies acceptance of any such revised Terms and Conditions. Agreement Idaho Global, Inc. hereby agrees to furnish you (the “User”) and the User hereby agrees to license and utilize this online service from Idaho Global, Inc. (the "Service") only in accordance with these Terms and Conditions. The Service The Service consists of any and all information and content made available to the User on Idaho Global, Inc.`s website(s) or in any electronic transmissions sent by or for Idaho Global, Inc. No Offer The Service is for information purposes only and does not constitute and should not be construed as a solicitation or offer, or recommendation to engage in any other transaction, or advice of any nature whatsoever. If the User seeks advice rather than information it should seek an independent advisor and hereby agrees that it will not hold Idaho Global, Inc. responsible in law or equity for any decisions of whatsoever nature the User makes or refrains from making following its use of the Service. No Reliance While Idaho Global, Inc. uses reasonable efforts to obtain information from sources which it believes to be reliable, Idaho Global, Inc. makes no representation or warranty that the information or opinions contained in the Website are accurate, reliable, up-to-date or complete. The User acknowledges that Idaho Global, Inc. does not verify the legitimacy and or accuracy of any information used in the creation and provision of the Service, and User warrants that if the User believes that any of the information contained therein is inaccurate or misrepresented, the User will bring this to the notice of Idaho Global, Inc. or its agent and provide information to assist Idaho Global, Inc. in correcting any such deficiencies, and that the User will take no further action in law or equity with respect to such inaccurate or misrepresented information or the User`s belief thereof. The information and opinions contained in the website are provided for the User`s personal use and informational purposes only and are subject to change without notice. Nothing in the Service constitutes, and nor should it be construed as, investment, legal, tax or other advice and it should not be relied on in making an investment or other decision. The User should obtain relevant and specific professional advice before making any investment decision. License Idaho Global, Inc. hereby grants the User a limited, non-exclusive, non-transferable license (the "License") to access and utilize the Service and any information contained in the Service or this website or otherwise and howsoever provided by Idaho Global, Inc. to the User (any and all of such data individually and collectively and any part thereof being called the "Data") solely for its own non commercial purposes, all in accordance with the terms and conditions of the Agreement (as hereinafter defined). All rights not specifically granted to the User are hereby retained by Idaho Global. Fees Trial and Demonstration Version The Agreement (of which for the avoidance of doubt these Terms and Conditions form part) governs the provision and use of the Service in the free, demonstration, paid and subscription versions. The free and demonstration versions will be furnished to the User by Idaho Global, Inc. free of charge. Fees Subscription Version The Agreement governs the provision and use of the Service in both the free version, demonstration version, paid version and the subscription versions. The paid and/or subscription versions will be furnished to the User at the fees as specified in the order form completed by the User. Idaho Global, Inc. shall invoice, and the User shall pay Idaho Global, Inc. during the term of the Agreement, all Fees. Such Fees, subject to modification by Idaho Global, Inc. upon renewal of the Agreement, shall be payable to Idaho Global, Inc. immediately upon invoice or as otherwise agreed in writing. The User shall pay applicable value added tax and any applicable sales taxes (excluding taxes imposed on Idaho Global`s net income) that are imposed as a result of the transactions covered by the Agreement. The User is solely responsible for obtaining, installing, maintaining and utilizing at its own expense, compatible computer equipment and communications devices required to utilize the Service, and the User shall pay any and all charges incurred from use of each username and password granted hereunder, as specified in the order form completed by the User and received by Idaho Global. In the event of loss or theft of a username or password, the User shall notify Idaho Global, Inc. immediately in writing. The User shall pay accrued interest at a rate equal to the lesser of 1.5% per month or the greatest amount permitted by applicable law, upon any amounts not paid when due. Idaho Global, Inc. reserves the right to discontinue providing the Service in the event that the User defaults in payment of any invoice, and such discontinuance does not constitute waiver and shall not excuse the User from any Fee due under the remainder of its subscription agreement. Use of Service The User undertakes not to copy and not to modify the Service in whole or in part, nor commercially to exploit the same, and that it will not disclose any Data received by it through its use of the Service to any third party without the express written permission of Idaho Global, Inc. Usernames and passwords are personal to the individual User, and multiple Users within a single User Organization will each require an individual username and password. The User undertakes not to reveal the User`s username or password to any other person (either body corporate or natural) and acknowledges that any breach of security resulting in the use of its username and/or password by any third party constitutes material breach of the terms of the Agreement. The User further acknowledges that the User will be liable, and Idaho Global, Inc. is entitled to proportionate compensation from the User, therefor: such compensation in all cases to exceed the paid or subscription fees that would ceteris paribus apply to the use of the Service by such third party or third parties. You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.The User hereby agrees that Idaho Global, Inc. may change the Service without prior notification to the User. Any such adjustment will have no material impact on the meaning and interpretation of the Service. .. In the event that the User suspects that its username or password has become known to any third party, it is the responsibility of the User to, and the User undertakes that it will, promptly inform Idaho Global, and change its password, and take all reasonable steps to preserve the secrecy of its new password. Except as expressly permitted hereunder, the User may not and hereby agrees that it will not: (i) use the Service in any manner; (ii) alter, reverse engineer, decompose, disassemble or otherwise seek to duplicate the performance characteristics of the Service; (iii) rent, lease, lend, sell, sublicense, trade, assign, give or permit access to, disclose, use on behalf of, furnish or redistribute the Service or any part thereof, to any third party not expressly permitted in the Agreement, including but not limited to, any affiliate or any other department of the User; (iv) remove or obscure Idaho Global`s proprietary right notices. Some of the Service requires you to pay a fee, as described in the specific conditions included where the Service is offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum. If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options. Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by IDAHO GLOBAL for use in accessing our site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing. Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites. Requests to remove certain content from our sites?If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please review our copyright notice. Use of Content This website includes a combination of content that we create, that our partners create, and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part, except as provided. The User is solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our sites ("User Content" or “Data”). User certifies that user owns all intellectual property rights in User Content. User hereby grant Idaho Global, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish User Content and subsequent versions of User Content for the purposes of (i) displaying User Content on our sites, (ii) distributing User Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing User Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of User Content in any form, medium, or technology now known or later developed. Our site contains content that we create as well as content provided by third parties. This content includes, among other things, videos, photos, pictures. It also includes information about products and services offered by parties other than IDAHO GLOBAL, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, or the quality of the content on our sites, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback sections of our sites. You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable. Except as expressly permitted hereunder, the User may not duplicate or redistribute any Content provided through the website or Service into hard copy, machine readable, or any other form without written authorization from Idaho Global. The User will not publish, resell or disclose any Content including but not limited to Contnet generated by any third party provider (each a "Supplier") herein to any third party. The User also agrees not to download, nor knowingly permit any third party to download Contnet onto computers, discs, diskettes, or any other media except as permitted on the website. .. In all cases, any use of Content from the Service by the User as permitted above in original form and/or format and/or as modified by the User, when permitted, will include Idaho Global`s or Supplier’s copyright notice. In the event of a suspected breach or violation of any of the foregoing conditions, or in the event the User becomes aware of a threat to any Idaho Global, Inc. copyright, the User shall cooperate with Idaho Global, Inc. to protect Idaho Global, Inc. copyrights and copyrights by Suppliers, by assisting in identifying to whom copies of such Data have been supplied. Idaho Global, Inc. shall maintain as confidential any information disclosed by the User and will use such information solely for the purpose of investigating potential copyright infringement except to the extent if any that disclosure is required for taking legal advice and/or proceedings. Use of the Service - Free Trial Access to the Free Trial version of the Service is made available to the User for the sole purpose of evaluating the suitability of the Service for the User`s requirements. Use of the Service as made available during a Free Trial for any purpose other than this is strictly prohibited.. Users must keep their login details confidential and may not provide this information to any other individual without the express consent of Idaho Global. The User acknowledges that any breach of these terms is a serious matter that entails material harm to Idaho Global, and that Idaho Global, Inc. is entitled to seek damages for any such breach. By accepting the Free Trial and registering with the website or logging onto the Service the User acknowledges and accepts these terms. Data Contributions Users and users of the Idaho Global, Inc. website are invited to contribute data to Idaho Global. Such data contributions are voluntary, however any User or user so contributing data acknowledges that, unless a specific written agreement to the contrary has been entered into by Idaho Global, any data and other intellectual property, personal information, media, images, logos, likenesses, names, trade names, movies, or other material so contributed (the "Contributed Material") may be used by Idaho Global, Inc. and its affiliates without restriction. In submitting such data the User or user hereby agrees that it does not breach any confidentiality agreement, copyright or intellectual property right (at law or in equity) and acknowledges that Idaho Global, Inc. may use all Contributed Material as Data forming part of the Service and assume copyright thereof without restriction and all such Contributed Material shall deemed as non-confidential non-proprietary information. User recognizes and confirms that Idaho Global, Inc. assumes no responsibility for the accuracy and completeness of the Contributed Material and will be using and relying upon the Contributed Material (and information available from generally recognized public sources) without assuming responsibility for independent verification or independent evaluation thereof. Linked Sites When the User or User accesses certain links in Idaho Global, Inc’s websites, it may leave the website and reach websites that are not under the ownership or control of Idaho Global, Inc. Idaho Global, Inc. has not reviewed any of the websites linked to the Idaho Global, Inc. website and does not endorse or accept any responsibility for the content of such websites, nor the products or services or other items described on or offered by such websites, nor the data protection practices of or policies on such websites. Ownership of Service The User acknowledges that (i) the Service, Data, Content, all copyrights, confidential information, title, any related documentation, and other intellectual proprietary rights embodied therein are and shall remain the property of Idaho Global or its Suppliers; (ii) the Service, Content and Data are subject to protection under the patent, trademark, copyright, trade secret and other intellectual property laws of the United States of America and all other jurisdictions; and (iii) the Service, Content and Data were created, compiled, prepared, selected and arranged by Idaho Global, Inc. and its Suppliers through the expenditure of substantial time, effort and resources and that the Service constitute valuable property of Idaho Global, Inc. and its Suppliers. Attribution The User shall attribute ownership of the Service, Content and Data in the course of its use hereunder in a manner approved by Idaho Global, including but not limited to, notice of the Idaho Global, Inc. copyright on all Content and Data; such approval not to be unreasonably withheld or delayed. The names, images and logos identifying Idaho Global, Inc. and its products, Service, Content and Data are proprietary marks of Idaho Global, Inc. and/or the Suppliers. Nothing herein shall be construed as conferring expressly or by implication or estoppel or otherwise any license or right under any trademark or patent of Idaho Global, Inc. or the Suppliers. Change in the Service The charges under the Agreement relate only to the Service described in the order form completed by the User. Idaho Global, Inc. may change, add, enhance, or discontinue from time to time during the currency of the Agreement, any component of the Service and means of conversion or communication. To the extent Idaho Global, Inc. discontinues any component of the Service, the User`s access and rights to such discontinued element of the Service shall terminate. Idaho Global, Inc. may elect to offer and the User may license and utilize new Services, including but not limited to additional databases and/or additional Data, at an additional Fee to be mutually agreed upon by the parties to the Agreement. These Terms and Conditions shall apply to any additional Service reflected in an amended agreement forming part of the Agreement. We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice: 1.Restrict, suspend, or terminate your access to all or any part of our Services; 2.Change, suspend, or discontinue all or any part of our Services; 3.Refuse, move, or remove any material that you submit to our sites for any reason; 4.Refuse, move, or remove any content that is available on our sites; 5.Deactivate or delete your accounts and all related information and files in your account; 6.Establish general practices and limits concerning use of our sites. You agree that we will not be liable to you or any third party for taking any of these actions. Limitations of Liability While Idaho Global, Inc. uses reasonable efforts to prepare and provide the Service to the User, neither Idaho Global, Inc. nor its agent shall be liable for any failure or inability to provide the Service due to any event, condition or circumstances beyond Idaho Global`s reasonable control. In providing the Data, Idaho Global, Inc. relies upon sources that it believes to be accurate, but User agrees that Idaho Global, Inc. cannot and will not verify the accuracy, completeness or timeliness of the Service. Idaho Global, Inc. and its Suppliers provide to the User the Service and Data hereunder on an "as is" basis and without warranty of any kind. The User hereby waives all other warranties either expressed or implied, including but not limited to any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, compatibility, security or accuracy, non-infringement or otherwise, including time of performance. Neither Idaho Global, Inc. nor the Suppliers warrant that the provision of the Service or Data will be uninterrupted or error free or virus free, nor do they make any warranties (express or implied) as to any results use of the same. The User expressly agrees that it uses the Website, Service and Data at its own sole risk. Accordingly, neither Idaho Global, Inc. nor its shareholder(s), affiliates, employees, agents, attorneys, third-party content providers or licensors will in any way be liable to the User or any other entity for any inaccuracies, errors, omissions, delays, damages, claims, liabilities or losses, regardless of cause, in or arising from the use of the Website, Service, Content or Data, or for any damage or delays to the User`s hardware, software or data caused by or incidental to the use of the Service. Neither Idaho Global, Inc. nor its Suppliers shall be liable for any loss or damage resulting directly or indirectly from mistakes, omissions, interruptions, delays, errors, any act, event, or defect, whether human or mechanical, occurring in the course of furnishing the Service or Data including, but not limited to, computer virus, online failure, failure of performance by third parties, fires, explosions, floods, labor disputes or mechanical breakdown. Notwithstanding the foregoing, if Idaho Global, Inc. and/or its agent is deemed liable to the User for any reason, whether arising in contract, tort, strict liability or otherwise, Idaho Global`s total liability including that of its agent hereunder shall be limited to the lesser of Five Hundred Dollars ($500 US dollars), or an amount equal to 1.5% of the annual subscription payable by the User for the use of the Service. Neither Idaho Global, Inc. nor the Suppliers shall be liable for any special, consequential, exemplary or punitive damages, including, but not limited to, lost profits, whether or not it or they are aware of the possibility therof. The User further agrees that no action, regardless of form, arising from or pertaining to the Service or Data may be brought by the User more than one (1) year after the event giving rise to such action has occurred. Data Protection The User recognizes that in order to provide the Service, Idaho Global, Inc. needs to maintain and share contact and other details concerning the User, and hereby consents to this. User consents to being contacted by Idaho Global, Inc, its affiliates, and other Users of the Service at anytime via phone, text message, email, mail, and other forms of electronic communication. Indemnification The User shall defend, indemnify and keep indemnified and hold Idaho Global, Inc. its shareholder(s), affiliates, employees, agents, attorneys, third-party content providers or licensors and its agents harmless against any claim, liability, loss, injury, damage, cost or expense (including, but not limited to, reasonable legal fees) incurred by Idaho Global, Inc. or its Suppliers arising from the User`s (or that of any unauthorized user using the User`s username or password) access or use of the Service, unless such claims or damages result from the gross negligence or willful misconduct of Idaho Global, Inc. in providing the Service to the User. Term and Termination The Service will be provided during the term as specified in the order form, other than in the case of the free or demonstration versions of the Service, which will be provided until terminated by Idaho Global. Idaho Global, Inc. may suspend or terminate User`s use of the free or trial version of the Service at any time without notice for any reason. Idaho Global, Inc. may suspend or terminate User`s use of the paid version of the Service at any time without notice in the event User breaches or violates any term or provision of the Agreement, including but not limited to, the User`s failure to pay any undisputed invoice. All remedies hereunder are cumulative and Idaho Global, Inc. reserves all rights at law and in equity. In the event that Idaho Global, Inc. prevails in any such action, Idaho Global, Inc. shall be entitled to recover from the User reasonable legal fees incurred in connection therewith. Upon termination of the Agreement for any reason, User shall within a reasonable period of time, but no later than thirty (30) days after termination, (i) pay Idaho Global, Inc. any outstanding Fee (ii) cease using the Service in whole or in part; and (iii) certify to Idaho Global, Inc. in writing that the User has complied with the immediately preceding sub-clauses (i) and (ii). The User agrees that it will not in such circumstances retain the Service or any component thereof. The User accepts that termination of the Agreement shall not for any reason, unless otherwise specified herein, entitle the User to any refund (in whole or in part) of any applicable Fees. The User is and shall remain responsible for all aforementioned charges, at rates current at the date of the Agreement until all the User`s usernames and passwords are deactivated. Equitable Relief The User may not assign or otherwise transfer (including but not limited to, by operation of law) the Agreement, nor any rights, duties or obligations under the Agreement to any other party, in whole or in part, without the prior written consent of Idaho Global. Assignment The User may not assign or otherwise transfer (including but not limited to, by operation of law) the Agreement, nor any rights, duties or obligations under the Agreement to any other party, in whole or in part, without the prior written consent of Idaho Global. Governing Law The Agreement and any modification thereto shall be governed and construed under the laws of California without giving effect to any conflict of law provisions. The User agrees to the exclusive jurisdiction of Los Angeles, California. Notice We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting the IDAHO GLOBAL Amendment/Modification Copyright © 2008 Idaho Global, Inc. All rights reserved.