WWW.IPREDIKT.COM
TERMS OF USE
This website is owned by IPREDIKT, INC. ("iPredikt," "we" or "us") which provides
this website and related services subject to your agreement to and compliance with
our Terms of Use ("Terms of Use") and our Privacy Policy ("Privacy Policy"). Please
read the Terms of Use and the Privacy Policy carefully before using this website.
To ensure a safe, reliable, and pleasant environment, all users of the iPredikt.com
website and its related services and offerings (the "iPredikt Site") must agree
to comply with these Terms of Use. These Terms of Use tell you what you can expect
from us and what we expect from you.
Your use or browsing of the iPredikt Site will mean that you accept and agree to
the Terms of Use then posted on the site at the time of use, without any limitations,
qualifications or changes.
We reserve the right to change the Terms of Use at any time. If we make any change
to the Terms of Use, we will post those changes on this page and they will become
effective upon our posting them, and your continued use of the iPredikt site after
such posting. We will not send you any other notice of any change, so please review
the Terms of Use from time to time to make sure you agree to any changes we may
make.
IF YOU DO NOT AGREE TO THE TERMS OF USE, THEN DO NOT USE, BROWSE, POST, UPLOAD OR
DOWNLOAD ANYTHING TO OR FROM, OR LINK TO, ANY PART OF THE IPREDIKT SITE.
Also, you may not use the iPredikt Site if you are not old enough to enter into
a legally-binding agreement with iPredikt, or otherwise do not have the legal capacity
to enter into such an agreement, or are prohibited by any national, state, or local
law, regulation or order from using the Internet or the iPredikt Site, or any of
the services offered here.
USER CONTENT
iPredikt is an interactive information exchange where users may submit predictions,
surveys and opinions and other information about predictions and surveys posted
by users, strictly for non-commercial, personal, entertainment and informational
purposes.
iPredikt is not responsible for your submissions or responses or those submitted
by others uploaded or posted to the iPredikt Site by its users ("User Content.").
You acknowledge that by providing you with the ability to access, view and/or post
and upload User Content on the iPredikt Site, iPredikt acts merely as a passive
conduit, and does not undertake any obligation or liability relating to any User
Content or activities of users on this website.
We encourage the open, free and fun use of the iPredikt Site, but we do have a few
ground rules for User Content:
- Be private. Do not post personal, private or confidential
information about yourself or others, including your or someone else's e-mail, IM
or "snail mail" addresses, passwords, or phone numbers. Do not ask other users for
their personal, private or confidential information;
- Be nice. Do not post content that is offensive,
libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful,
abusive, vulgar, obscene, pornographic, homophobic, sexually explicit, or offensive
in a sexual, racial, cultural, or ethnic way;
- Be yourself. Do not impersonate anyone else, or
pretend you have an affiliation with someone you don't actually have;
- Don't be a troll. Do not use our site to "flame"
or insult others;
- Don't spam. Do not post or upload commercial content
on this website or use this website to ask or encourage others to buy anything,
or join any other commercial online service or other organization. Do not post any
content that involves the transmission of "junk mail," "chain letters," or unsolicited
mass mailing or "spamming";
- Don't bet. Do not use our site to gamble, bet, or
wager, or ask for, encourage, or place bets or wagers, for money or any other thing
of value, including "virtual" property; Predictions are for entertainment and informational
purposes only, not for gambling;
- Don't lie. Do not post any information that is false,
misleading, inaccurate, fraudulent or deceptive;
- Don't break the law. Do not post any content that
violates any applicable local, state, national, or international law;
- Don't hack. Do not post any content, or take any
action, that is designed to interrupt, destroy or limit the functioning of any computer
data, software, or hardware, or computer or telecommunications network, or to interfere
with or disrupt the iPredikt Site or services offered in connection with it;
- Don't pirate. Do not post or upload any content,
including any text, photographs, images, graphics, video or audio, in any format
("Content"), that infringes or violates the intellectual property rights or other
property rights of any person or entity, including copyrights and publicity rights;
- Have fun. The iPredikt Site is an entertainment-based
website built around user-generated predictions and content. We encourage you to
become a full participant on the site and to do your part to make the iPredikt Site
a fun and entertaining destination on the Internet. If everyone is having fun with
the site, then everyone wins.
Generally, we do not pre-screen, review or edit User Content, but we do reserve
and retain the rights, but not the responsibility or obligation, to refuse to post,
remove or edit User Content, or to cancel your account, or close or update links
that have expired, for any reason, in our sole discretion. We also have the right
to disclose User Content and the circumstances surrounding its posting or transmission
to anyone.
You acknowledge and agree that iPredikt does not have any obligation to review User
Content, that iPredikt is not in any manner responsible for User Content, that iPredikt
does not guarantee the accuracy, integrity or quality of User Content, and that
iPredikt cannot assure that harmful, inaccurate, deceptive, offensive, threatening,
defamatory, unlawful or otherwise objectionable User Content will not appear on
the iPredikt Site. You use the iPredikt Site entirely at your own risk.
By submitting any User Content to the iPredikt Site, you grant to iPredikt, and
to its licensees, and assigns, a perpetual, irrevocable, royalty-free, non-exclusive
sub-licensable right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, display, make available to the
public, and exercise all copyright and publicity rights with respect to your User
Content worldwide and/or to incorporate your User Content in any other works in
any form, media, or technology, now known or later developed, for the full term
of any rights that may exist in your User Content. You also permit any other user
of iPredikt to access, store, or reproduce your User Content for that user's personal
use. In addition, you grant us the right to use any concepts or ideas reflected
in User Content you submit to iPredikt in promotions, advertising, marketing or
product or service offerings, without attribution, compensation, or notice to you.
If you do not wish to grant these rights, then please do not submit your User Content
to iPredikt.
OTHER SITE CONTENT AND PROPRIETARY RIGHTS
Other than your own User Content, you may upload to or otherwise distribute on the
iPredikt Site only Content that is not subject to any copyright or other proprietary
rights protection (collectively, "Public Content"), or content in which the author
has given express authorization for distribution on the World Wide Web. Any copyrighted
or other proprietary Content distributed with the consent of a copyright owner should
contain a phrase such as "Copyright, owned by [name of owner]; used by permission."
By submitting any Content to iPredikt or any of its users, you automatically grant,
or warrant that the owner of such Content has expressly granted you the right to
grant, to iPredikt, and to its licensees, and assigns, a perpetual, irrevocable,
royalty-free, non-exclusive sub-licensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute, perform,
display, make available to the public, and exercise all copyright and publicity
rights with respect to the Content worldwide and/or to incorporate your the Content
in any other works in any form, media, or technology, now known or later developed,
for the full term of any rights that may exist in the Content. You also permit any
other user of iPredikt to access, store, or reproduce the Content for that user's
personal use. In addition, you grant us the right to use any concepts or ideas reflected
in the Content you submit to iPredikt in promotions, advertising, marketing or product
or service offerings, without attribution, compensation, or notice to you.
If you are not sure that you have all of those rights in any Content you are considering
submitting, then please do not submit, post or upload it to the iPredikt Site.
The unauthorized submission or distribution of copyrighted or other proprietary
Content is illegal and could subject you to criminal prosecution as well as personal
liability for damages in a civil suit. You agree that you, and not iPredikt (nor
its affiliates, nor any of its officers, directors, employees, agents, third-party
partners, sponsors or advertisers, service providers, licensors, or the like), will
be liable for any damages resulting from any infringement of copyrights or proprietary
rights, or from any other harm arising from such submission, and you agree to bear
and assume all such liability, and to indemnify and hold harmless iPredikt and its
affiliates, officers, directors, employees, agents, third-party partners, sponsors,
advertisers, service providers, licensors, and licensees from and against any damages,
costs, and attorneys' fees incurred as a result of your unauthorized submission
or distribution of copyrighted or other proprietary Content to or through the iPredikt
Site, or an allegation or claim of such unauthorized submission or distribution.
You acknowledge that the iPredikt Site contains Content that is protected by copyrights,
trademarks, or other proprietary rights, and that these rights are valid and protected
in all forms, media and technologies existing now or hereinafter developed. The
iPredikt Site and all Content is copyrighted as a collective work under the U.S.
copyright laws, and iPredikt owns a copyright in any and all original creative works
created by it and incorporated into the iPredikt Site, and in the selection, coordination,
arrangement, and enhancement of Content. You may not modify, remove, delete, augment,
add to, publish, transmit, participate in the transfer or sale of, create derivative
works from, or in any way exploit any of the Content, in whole or in part, except
as explicitly permitted by iPredikt. If no specific restrictions are displayed,
you may make copies of select portions of the Content, provided that the copies
are made only for your own non-commercial use strictly for your own personal entertainment
use and that you maintain any notices contained in the Content, such as all copyright
notices, trademark legends, or other proprietary rights notices. Except as provided
in these Terms of Use, or as permitted by the fair use privilege under the U.S.
copyright laws, you may not upload, post, reproduce, or distribute in any way Content
protected by copyright, or other proprietary right, without obtaining permission
of the owner of the copyright or other propriety right. In addition to the foregoing,
use of any software Content shall be governed by the software license agreement
accompanying such software.
iPredikt reserves the right to refuse to upload or post, and to remove, any Content
and/or User Content that it deems in its sole discretion to be a violation of these
Terms or Use, Policy, or any law, regulation, or order, or any of the rights of
any third party, including copyrights, privacy/publicity, reputational, and other
proprietary rights. Also, you should be aware that iPredikt may electronically monitor
areas of the iPredikt Site and may disclose any Content, User Content, logs, records,
or electronic communication of any kind (i) to satisfy any law, regulation, or government
request; (ii) if such disclosure is necessary or appropriate to operate the iPredikt
Site; or (iii) to protect the rights or property of iPredikt or its third-party
partners, sponsors or advertisers, service providers, licensors or any other user
of the iPredikt Site.
TERMINATION OF USE
iPredikt may terminate your access, or suspend your access to all or part of the
iPredikt Site, with or without prior notice, for any conduct that iPredikt, in its
sole discretion, believes is in violation of any the iPredikt Site Terms of Use
or Privacy Policy, any applicable law, regulation or order, or is harmful to the
interests of another user, a third party partner, sponsor or advertiser, licensor,
service provider, or iPredikt.
USE OF IPREDIKT SITE AND ALL SITE CONTENT AT YOUR OWN RISK
None of iPredikt, or its affiliates, nor any of its officers, directors, or employees,
agents, third-party partners, sponsors or advertisers, service providers, licensors,
or the like warrant that the iPredikt Site will be secure, uninterrupted or error-free;
nor do they make any warranty as to the results that may be obtained from the use
of the Site or any User Content or other Content, or as to the accuracy, reliability,
or currency of any Content, User Content, or services, provided through the iPredikt
Site.
iPredikt is a distributor and not a publisher of Content supplied by third parties
and User Content supplied by you and other users. We do not have editorial control
over much of this Content and User Content. In many instances, in fact, content
available through iPredikt represents the predictions, opinions and judgments of
a user or third party over whom we have no control. Any predictions, opinions, advice,
statements, services, offers, or other information that constitutes part of the
Content expressed or made available by third parties, including by third party partners,
sponsors or advertisers, service providers, licensors or any other user of the iPredikt
Site, are those of the respective authors or distributors and not of iPredikt or
its affiliates or any of its officers, directors, employees, or agents.
None of iPredikt nor its affiliates, nor any of its officers, directors, employees,
or agents, warrants or guarantees the security, accuracy, completeness, or usefulness
of the iPredikt Site, any Content, or any services offered in connection with the
site, nor the merchantability or fitness for any particular purpose of any of the
same. iPredikt neither endorses nor is responsible for any prediction, opinion,
advice, or statement made on the iPredikt Site by anyone. Under no circumstances
shall iPredikt, or its affiliates, or any of its officers, directors, employees,
or agents be liable for any loss or damage caused by your reliance on information
obtained through the iPredikt Site, all of which risks of loss or damage you hereby
expressly agree to assume.
NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
If you are a copyright owner (or the owner's authorized agent) and have a good-faith
belief that material on our website infringes one of your copyrights, you may notify
us using this procedure. In order for us to process your notice of copyright infringement,
it must be sent to the agent designated below and must include the information specified
below. When we receive a notice under this procedure, we will expeditiously remove
or disable access to the material that is claimed to be infringing or to be the
subject of infringing activity.
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide iPredikt's Copyright Agent the following information,
in a written communication:
- A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have
been infringed, or, if multiple works are affected, a representative list of such
works;
- Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to permit iPredikt
to locate the material;
- Information reasonably sufficient to permit iPredikt to
contact you, including your address, telephone number, and, if available, an email
address at which you may be contacted;
- A statement that you have a good faith belief that use
of the material in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and
- A statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
iPredikt's Copyright Agent may be reached at the following address:
iPredikt Copyright Agent
3663 248th Place SE
Issaquah, WA 98029
Or, you may send e-mail to the address below:
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING,
YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT
COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT
OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.
YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
As explained above, if we receive a notice of infringement sent to our designated
agent with the information described above, we will expeditiously remove or block
access to the material that is claimed to be infringing. We will also send a notification
to the user who posted the material, at the email address provided by the user in
connection with his or her account with us, telling the user that the material was
removed or access to it was blocked because of claimed infringement. If you are
a user who posted material that was removed in response to a notice of infringement
and you believe that material was removed due to mistake or misidentification, you
may request that we replace the posting by sending us a counternotice as follows:
You must send the counternotice to our designated copyright agent, whose name and
contact information is above, and no one else.
Your counternotice must be a written communication sent and must include substantially
the following information:
- A physical or electronic signature of the subscriber (you
the user).
- Identification of the material that has been removed or
to which access has been disabled and the location at which the material appeared
before it was removed or access to it was disabled.
- A statement under penalty of perjury that the user has
a good faith belief that the material was removed or disabled as a result of mistake
or misidentification of the material to be removed or disabled.
- The user's name, address, and telephone number, and a statement
that the user consents to the jurisdiction of Federal District Court for the judicial
district in which the address is located, or if the user's address is outside of
the United States, for any judicial district in which the service provider may be
found, and that the user will accept service of process from the person who provided
notification of copyright infringement or an agent of such person.
When we receive a counternotice that complies with these requirements, we reserve
the right, but not the obligation, to restore the material that was removed after
forwarding a copy of the counternotice to the person who sent the notice of infringement
and waiting at least 10 business days. If, during those 10 business days, the person
who sent the original notice of infringement notifies us that such person has instituted
a suit to seek a court order to restrain the user from infringing activity relating
to the material on our website, we will not replace the material. Otherwise, we
may repost the material at our discretion. However, we retain the right to remove,
block access to, or not restore material at any time for any reason without any
liability to the posting user. In particular, a user who sends a counternotice pursuant
to this section expressly acknowledges and agrees that we shall not be liable to
the user under any circumstances for declining to replace material.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING,
YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT
COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT
OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.
YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
We reserve the right to terminate the accounts of repeat infringers. A repeat infringer
includes any user who has made two or more submissions of User Content for which
we receive a notice of infringement. Each user agrees that if his or her account
is terminated pursuant to this right, the user will not attempt to establish a new
account under any name, real or assumed, and further agrees that if the user violates
this restriction by opening a new account after being terminated, the user shall
indemnify and hold us harmless for any and all liability that we may incur therefor.
MISCELLANEOUS
The iPredikt Site is controlled by iPredikt from its offices within the United States
of America. iPredikt makes no warranty or representation that the iPredikt Site
or any Content on the site, or that these Terms of Use and Privacy Policy are lawful,
appropriate or available for use in other locations, and access to any of them from
territories where their content is illegal is prohibited. Those who choose to access
this site from other locations do so on their own initiative and are responsible
for compliance with applicable local laws. You may not use or export the iPredikt
Site or any of its Content in violation of U.S. export laws and regulations. Any
claim relating to this website, the services provided through this website or the
Content shall be governed by the internal substantive laws of the State of Washington,
unless provided otherwise by contract. Any claim against iPredikt shall be governed
by the laws of the State of Washington.