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Mar. 10, 2010
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Legal

OURNATIVECIRCLE.ORG TERMS OF SERVICE

IMPORTANT! PLEASE READ CAREFULLY. These Terms of Service are a legal agreement between you and OURNATIVECIRCLE.ORG (alternatively referred to as "OURNATIVECIRCLE.ORG" "We," or "Us") and spell out the terms and conditions to which users of the iseemedia Web site (the "Site") are expected to adhere. Please read it carefully before using the Site, because by clicking "I Agree" or by using the Site, you agree to be bound by its terms as well as the terms of our Privacy Statement, which is hereby incorporated by reference into these Terms of Service. If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not use this Web site. We reserve the right to amend these Terms of Service at any time and will post the amended Terms of Service here.

1. OURNATIVECIRCLE.ORG CONTENT AND USER SUBMISSIONS

  1. The contents of the OURNATIVECIRCLE.ORG Internet service ("the Service") are intended for the personal, non-commercial use of its users. All materials published on the Site (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips (collectively, the "Content") are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by iseemedia Inc. or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.
  2. The Service is protected by copyright as a collective work and/or compilation, pursuant to international conventions and copyright laws. Except as set forth in Section 1 of these Terms of Service, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, de-compile or dissemble, or in any way exploit, any of the Content, software, materials or Service in whole or in part.
  3. You may download or copy the Content and other downloadable items displayed on this Service for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content's proprietary rights notices.
  4. You agree that any information, feedback, questions, comments and/or submissions to any of the Public Forums (as discussed below) or the like that you provide to us in connection with this Site or our Services ("Submissions") will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded by you.
  5. If you believe that the content of any Submission provided by you has been used on the Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient) that includes the following information:an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.Our Copyright Agent for notice of claims of copyright infringement on this Site is:By postal mail: Intellectual Property Counsel By email, fill in the General Inquiries form.

2. ACCESS AND AVAILABILITY OF SERVICES AND LINKS

  1. The Site contains links to other related World Wide Web Internet sites, resources and sponsors of OURNATIVECIRCLE.ORG. Selection of an ad banner or link will redirect you off the Site to a third party Web site. Interactions that occur between you and the third party are strictly between you and such third party and are not the responsibility of iseemedia. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. iseemedia does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party Web site.

3. REPRESENTATIONS AND WARRANTIES

  1. You represent, warrant and covenant (a) that no materials of any kind submitted by you or iseemedia's use thereof in accordance with the terms and conditions of these Terms of Service, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old. You hereby indemnify, defend and hold iseemedia and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. iseemedia reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of iseemedia without iseemedia's prior written approval.
  2. OURNATIVECIRCLE.ORG neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. THE SITE, THE SERVICE, THE ACCESS SOFTWARE (DEFINED HEREIN) AND ANY MATERIALS PROVIDED BY OURNATIVECIRCLE.ORG OR THIRD PARTIES THROUGH THE SITE AND THE SERVICE ARE PROVIDED "AS IS." ISEEMEDIA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. ISEEMEDIA DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES AVAILABLE THEREIN WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE.
  3. You hereby acknowledge that the use of the Site and the Services available therein is at your sole risk.

4. Limitation of Liability

  1. OURNATIVECIRCLE.ORG SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY OURNATIVECIRCLE.ORG OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, OURNATIVECIRCLE.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.
  2. To the fullest extent permissible under applicable law, iseemedia's aggregate liability, and the aggregate liability of our licensors, to you or any third parties in any circumstance is limited to One Hundred Dollars ($100) Canadian.

5. SOFTWARE LICENSES

  1. You acknowledge and agree that you shall have no rights to the proprietary software and/or any related documentation, enhancements or modifications thereto, provided to you to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted to you by OURNATIVECIRCLE.ORG, and any attempt at such sublicense, assignment or transfer is void. You may make one (1) copy of such software for archival purposes only. You may not copy, distribute, modify, reverse, engineer or create derivative works from the Access Software.

6. System Integrity

  1. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized service.

7. TERMINATION

  1. OURNATIVECIRCLE.ORG may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of the Service for any or no reason, including, without limitation, breach of these Terms of Service or the repeated infringement of copyrights owned by third parties.
  2. OURNATIVECIRCLE.ORG, including, without limitation, its authorized agents and employees may terminate your use of the Site without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any iseemedia event or (ii) attempting to alter or improperly access any feature or function of the Site. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of the Site or iseemedia employee; post content (including, but not limited to, the creation of usernames) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a iseemedia employee or other individual.

8. Risk of Loss

  1. All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

9. Product Descriptions

  1. OURNATIVECIRCLE.ORG and its affiliates attempt to describe all of the products on the Site as accurately as possible. However, iseemedia does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current or error-free. If a product offered on our Site itself is not as described, your sole remedy is to return it in unused condition.

10. MISCELLANEOUS

  1. This Agreement has been made in and shall be construed and enforced in accordance with Illinois law without regard to any conflict of law provisions. iseemedia makes no representation that the Content in this Site is appropriate for access outside of the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this agreement shall be brought in the federal or state courts located in 
  2. Official correspondence must be sent via postal mail to:OURNATIVECIRCLE.ORG Attention: General Counsel
  3. These Terms of Service, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and iseemedia with respect to your access and use of the Site and Services and supercede all prior or contemporaneous agreements (whether oral, written or electronic) between you and iseemedia with respect to this Site or Services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. iseemedia may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of iseemedia or (iii) in connection with the sale of this Site or the business unit associated with this Site.

Privacy Statement for OURNATIVECIRCLE.ORG

We at OURNATIVECIRCLE.ORG (the "Site") are committed to providing a secure experience and safeguarding your personal information. This Privacy Statement was created to explain why we collect particular information and how we will protect your personal privacy within our Web site. We reserve the right to change this policy at any time, and will post any new privacy policy here. By using or navigating around the Site or utilizing any of the services we provide here, you acknowledge that you have read and understand and agree to be bound by this Privacy Statement. If you do not agree to be so bound, do not remain on the Site.Internet Protocol Address. We collect an IP address from all visitors to our Site. We use your IP address for purposes of traffic analysis.Other. We may disclose your personal information in special cases if required to do so by law, court order or other government or law enforcement authority; or when we believe in good faith that disclosing this information is otherwise necessary or advisable, including, for instance, to identify, contact or bring legal action against someone who may be causing injury to or interfering with the rights or property of iseemedia, another user or anyone else that could be harmed by such activities.Email Newsletters. You will have the opportunity to sign up (opt-in) to receive email newsletters and other promotional mailings from us and our partners during registration and at other times when we request your contact information. You may unsubscribe ("opt-out") from receiving future mailings at any time. To view methods for opting-out, please refer to the delist/deactivate section below.Cookies. The Site uses "cookie" technology to enhance your online experience by making it easier for you to navigate through our Site or to make a feature work better. Cookies are pieces of information that some Web sites transfer to the computer that is browsing that Web site and are used for record-keeping purposes at many Web sites. We do not extract information about individual users or their computers during this process. It is not necessary to accept a cookie to navigate the Site.Consumer Research. We may monitor your use of this service (such as your session time and click stream data), and use or disclose any such information gathered as part of our evaluation and operation of the Site and the services we make available. We may develop and use, in our sole discretion, consumer research, which may be based on your use of such services. All marketing information shall be subject, in all cases, to compliance with the applicable rules and regulations of the Federal Communications Commission, and other relevant laws and regulations, as the same may be amended from time to time. No personally identifiable information will be shared or is linked to consumer research.Third Party Links. The Site contains links to other World Wide Web Internet sites, resources and sponsors of iseemedia. Selection of an ad banner or link will redirect you off of the Site to a third party Web site. iseemedia is not responsible for the privacy practices of such sites. You should make sure that you read and understand the privacy policies of these sites and direct any concerns regarding any external link to the site administrator or Webmaster of that third party Web site.For more information click Contact and fill in the form or send mail to the following postal address:Customer Service OURNATIVECIRCLE.ORG

   

 
 
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