AGREEMENT BETWEEN
USER AND IKS Company, Inc. (IKS)
The IKS
Web Site is comprised of various Web pages
operated by IKS .
The IKS
Web Site is offered to you conditioned on
your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of
the IKS Web Site constitutes your
agreement to all such terms, conditions, and
notices.
MODIFICATION OF
THESE TERMS OF USE
IKS
reserves the right to change the terms, conditions, and
notices under which the IKS Web Site is
offered, including but not limited to the charges
associated with the use of the IKS Web
Site.
LINKS TO THIRD PARTY
SITES
The IKS Web Site
may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of IKS
and IKS is not responsible
for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. IKS
is not responsible for webcasting or any
other form of transmission received from any Linked
Site. IKS is providing these links to
you only as a convenience, and the inclusion of any link
does not imply endorsement by IKS of
the site or any association with its
operators.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your use
of the IKS Web Site, you warrant to
IKS that you will not use the IKS
Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You
may not use the IKS Web Site in any
manner which could damage, disable, overburden, or
impair the IKS Web Site or interfere
with any other party's use and enjoyment of the IKS
Web Site. You may not obtain or attempt to
obtain any materials or information through any means
not intentionally made available or provided for through
the IKS Web Sites.
USE OF COMMUNICATION
SERVICES
The IKS Web Site
may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages,
calendars, and/or other message or communication
facilities designed to enable you to communicate with
the public at large or with a group (collectively,
"Communication Services"), you agree to use the
Communication Services only to post, send and receive
messages and material that are proper and related to the
particular Communication Service. By way of example, and
not as a limitation, you agree that when using a
Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name, material or
information.
- Upload files that contain software or other
material protected by intellectual property laws (or
by rights of privacy of publicity) unless you own or
control the rights thereto or have received all
necessary consents.
- Upload files that contain viruses, corrupted
files, or any other similar software or programs that
may damage the operation of another's
computer.
- Advertise or offer to sell or buy any goods or
services for any business purpose, unless such
Communication Service specifically allows such
messages.
- Conduct or forward surveys, contests, pyramid
schemes or chain letters.
- Download any file posted by another user of a
Communication Service that you know, or reasonably
should know, cannot be legally distributed in such
manner.
- Falsify or delete any author attributions, legal
or other proper notices or proprietary designations or
labels of the origin or source of software or other
material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and
enjoying the Communication Services.
- Violate any code of conduct or other guidelines
which may be applicable for any particular
Communication Service.
- Harvest or otherwise collect information about
others, including e-mail addresses, without their
consent.
- Violate any applicable laws or regulations.
IKS has no obligation to
monitor the Communication Services. However, IKS
reserves the right to review materials
posted to a Communication Service and to remove any
materials in its sole discretion. IKS
reserves the right to terminate your access to any or
all of the Communication Services at any time without
notice for any reason whatsoever.
IKS
reserves the right at all times to disclose
any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information
or materials, in whole or in part, in IKS's sole discretion.
Always use caution
when giving out any personally identifying information
about yourself or your children in any Communication
Service. IKS does not control or
endorse the content, messages or information found in
any Communication Service and, therefore, IKS
specifically disclaims any liability with
regard to the Communication Services and any actions
resulting from your participation in any Communication
Service. Managers and hosts are not authorized IKS
spokespersons, and their views do not
necessarily reflect those of IKS
.
Materials uploaded to a
Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination.
You are responsible for adhering to such limitations if
you download the materials.
MATERIALS PROVIDED TO IKS
OR POSTED AT ANY IKS WEB
SITE
IKS does not claim
ownership of the materials you provide to IKS
(including feedback and suggestions) or
post, upload, input or submit to any IKS
Web Site or its associated services
(collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your
Submission you are granting IKS, its
affiliated companies and necessary sublicensees
permission to use your Submission in connection with the
operation of their Internet businesses including,
without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to
publish your name in connection with your
Submission.
No compensation will be paid with
respect to the use of your Submission, as provided
herein. IKS is under no obligation to
post or use any Submission you may provide and may
remove any Submission at any time in IKS
's sole discretion.
By posting,
uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or
otherwise control all of the rights to your Submission
as described in this section including, without
limitation, all the rights necessary for you to provide,
post, upload, input or submit the
Submissions.
LIABILITY
DISCLAIMER
THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE IKS WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. IKS
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE IKS WEB SITE AT
ANY TIME. ADVICE RECEIVED VIA THE IKS
WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
IKS
AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE IKS
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. IKS AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL IKS
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE IKS
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
IKS WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE IKS WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
IKS WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF IKS OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE IKS WEB SITE,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE IKS
WEB SITE.
SERVICE CONTACT :
webadmin@IKSco.com
TERMINATION/ACCESS
RESTRICTION
IKS reserves
the right, in its sole discretion, to terminate your
access to the IKS Web Site and the
related services or any portion thereof at any time,
without notice. GENERAL To the maximum extent permitted
by law, this agreement is governed by the laws of the
State of Missouri, U.S.A. and you hereby consent to
the exclusive jurisdiction and venue of courts in Saint Louis,
Missouri, U.S.A. in all disputes arising out
of or relating to the use of the IKS
Web Site. Use of the IKS Web Site is
unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree
that no joint venture, partnership, employment, or
agency relationship exists between you and IKS
as a result of this agreement or use of the
IKS Web Site. IKS's
performance of this agreement is subject to existing
laws and legal process, and nothing contained in this
agreement is in derogation of IKS's
right to comply with governmental, court and law
enforcement requests or requirements relating to your
use of the IKS Web Site or information
provided to or gathered by IKS with
respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original
provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein,
this agreement constitutes the entire agreement between
the user and IKS with respect to the
IKS Web Site and it supersedes all
prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user
and IKS with respect to the IKS
Web Site. A printed version of this
agreement and of any notice given in electronic form
shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to
the same extent an d subject to the same conditions as
other business documents and records originally
generated and maintained in printed form. It is the
express wish to the parties that this agreement and all
related documents be drawn up in English.
COPYRIGHT AND TRADEMARK
NOTICES:
All contents of the IKS
Web Site are: Copyright � 2010 IKS Company, Inc. All rights
reserved.
TRADEMARKS
The names of
actual companies and products mentioned herein may be
the trademarks of their respective owners.
The
example companies, organizations, products, people and
events depicted herein are fictitious. No association
with any real company, organization, product, person, or
event is intended or should be inferred.
Any
rights not expressly granted herein are
reserved.
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 under United States copyright law
should be sent to Service Provider's Designated Agent.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.