Certain products, services, or content available on this Web site may be governed by additional terms, which are posted in connection with those products, services and content. You must agree to these additional terms before using those areas. In the event of an irreconcilable inconsistency between any such additional terms and this Agreement, the additional terms shall control.
YOU MAY NOT USE THIS WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS WEBSITE MAY BE TERMINATED IMMEDIATELY IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS OR FOR NO REASON.
Changes to this Agreement
This Agreement is effective as of March 14, 2008. We reserve the right, in our sole discretion, to modify, alter, or otherwise change this Agreement and/or any additional terms at any time, and such modifications, alterations, or other changes will be effective upon posting by us to this Web site. We will provide notice of such change on this Web site. Your continued use of this Web site constitutes your acceptance and agreement to be bound by these changes. If at any time you do not accept these changes, you must discontinue use of this Web site.
General Use of the Web Site
The content on this Web site, including without limitation, the articles, other text, photographs, images, illustrations, graphics, software, scripts, sounds, music, videos, interactive features and the trademarks, service marks and logos contained therein ("Content"), are owned by or licensed to Inergize. Content on the Web site is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Inergize. Inergize reserves all rights not expressly granted in and to the Web site and the Content.
You agree not to use the Web site, for any commercial use, without prior written authorization of Inergize.
You may inquire about obtaining consent by writing:
5001 American Blvd W
Bloomington MN 55437
By Facsimile: (952) 460-7602
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Inergize Web site.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Web site in a manner that sends more request messages to the Inergize servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Inergize grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Inergize reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Web site, nor to use the communication systems provided by the Web site (e.g. comments, email) for any commercial solicitation purposes.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Web site for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Inergize Web site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Inergize Web site or the Content therein.
Accounts, Security, Passwords
If the Web site requires you to open an account, you must complete the specified registration process by providing complete and accurate information as requested by the applicable online registration form. You are responsible for maintaining the completeness and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have completed the registration form, you may be asked to choose a password and a user name. You are responsible for maintaining the confidentiality of your password and account. You are responsible for any and all activities that occur under your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the additional terms applicable to the Web site feature for which you are registered.
Privacy and Protection of Personal Information
We have developed a Privacy Statement in order to inform you of our practices with respect to the collection, use, and disclosure of personal information.
Except where otherwise provided, access to and use of this Web site are currently available without charge. We reserve the right to charge a fee for access to or use of this Web site at any time in the future. Your access to or use of this Web site before such time does not entitle you to use of this Web site without charge in the future.
Inergize reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Inergize may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS WEBSITE FOR ANY PURPOSE. WE ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Limitations on Liability
In no event shall Inergize their clients, subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this Web site and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of this Web site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on this Web site or any information, software, products, services, and related graphics obtained through this Web site; (vi) any transactions entered into through this Web site; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Web site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this Web site and our Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages.
You agree to indemnify, defend, and hold harmless Inergize, their subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, demands, liabilities, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from your violation of any provision of this Agreement, any additional terms, the Privacy Statement, or any warranty you provide herein, or otherwise arising in any way out of your use of this Web site. We reserve the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will provide us with such cooperation as is reasonably requested by us.
This Web site may contain links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Inergize's endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.
This Web site may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, delivery, maintenance, and all other matters concerning the merchandise, services, information or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any charges or obligations you incur in your dealings with these third parties are your responsibility.
Software And Downloads Available Through This Web site
Any software that is made available to view and/ or download in connection with this Web site, including podcasts, audio streaming, or video streaming, is owned or controlled by us and/or our licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of such software is limited to private, non-commercial use and is also governed by the terms of the end user license agreement, if any, which accompanies or is included with the software. We accept no responsibility or liability in connection with any software owned or controlled by third parties.
This Agreement shall be governed by the laws of the State of Delaware, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any cause of action you or Inergize brings to enforce this Agreement or in connection with any matters related to this Web site and/or the Privacy Statement shall be brought only in either the state or Federal courts located in Wilmington, Delaware. You consent to the personal jurisdiction of the courts of the State of Delaware for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises, and that a cause of action filed after this date is barred.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and us with respect to the use of this Web site and shall not be modified except in writing, signed by an authorized representative of Inergize.
If you have any questions or comments regarding this Agreement, the Privacy Statement, the practices of this Web site, or your dealings with this Web site, you must send any official correspondence via postal mail to:
5001 American Blvd W
Bloomington MN 55437
Please include the web address.
This Web site is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. We make no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge the this site is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.
Copyright & Trademark Notice
Use of Intellectual Property
This Web site, and all of its Contents, are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Content is owned or controlled by us or by other parties that have provided rights thereto to us. This Web site is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and all individual articles, content, and other elements comprising this Web site are also copyrighted works. Content on the Web site may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Inergize.
Other trademarks, service marks, product names and company names or logos appearing on this Web site that are not owned by us may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted in writing, we explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from any page beyond the homepage of this Web site.
You may inquire about obtaining permission by writing:
5001 American Blvd W
Bloomington MN 55437
Digital Millennium Copyright Act We respect the intellectual property rights of third parties, and comply with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this Web site, you are granting permission to have this material posted on this Web site, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. We reserve the right to remove access to infringing material. Such actions do not affect or modify any other rights we may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement here. We will terminate the accounts of users who repeatedly infringe third party rights.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
5001 American Blvd W
Bloomington MN 55437
By Facsimile: (952) 460-7602
Pursuant to 17 U.S.C. Â§ 512(c), to be effective, the Notification must include the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) 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 Inergize to locate the material.
(iv) Information reasonably sufficient to permit Inergize to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) A statement that the complaining party has 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
You acknowledge that if you fail to comply with all of the requirements of this Section, your Claim may not be valid.
Interactive Service Additional Terms
You agree that you will not:
• Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as "spam"), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
• Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this Web site, or any postings which advocate illegal activity.
• Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
• Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
• Deliver, or provide links to, any postings containing defamatory, false or libelous material.
• Deliver, or provide links to, any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
• Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
• Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
• Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
• Use the Interactive Service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Web site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment, including by means of uploading or transmitting to this Web site or Inergize's servers any computer viruses, Trojan horses, worms, or other disabling or harmful software intended to damage, interfere with, intercept or monitor surreptitiously, or take over another computer.
• Attempt to gain unauthorized access to this Web site, any related website, other accounts, computer system, or networks connected to this Web site, through hacking, password mining, or any other means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Web site, including harvesting or otherwise collecting information about others, such as email addresses.
You are solely responsible and liable for postings delivered to this Web site using your account. Any violation of these provisions can subject your account to immediate termination and, possibly, further legal action.
Inergize does not control and are not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to this Web site by you or other users. We are not obligated to and do not regularly review, monitor, delete, or edit postings. However, we reserve the right to do so at any time in our sole discretion, for any reason or no reason, and to delete or edit any posting with or without notice. We are not responsible or liable for damages of any kind arising from any postings even when we are advised of the possibility of such damages, or from our alteration or deletion of any posting.
The information and opinions expressed in postings on this Web site are not necessarily those of Inergize or its content providers, advertisers, sponsors, affiliated or related entities, and we make no representations or warranties regarding that information or those opinions. We do not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
Unless otherwise provided, all postings to this Web site automatically become the property of Inergize without any obligation of confidentiality. We shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that we do not retain exclusive ownership of any posting, then you hereby expressly grant to Inergize a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the Posting for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.
This statement informs you of Inergize's practices with respect to the online collection, use, and disclosure of personal information from this Web site. This Privacy Statement applies to personal information collected through this Web site, but not to Inergize's offline business activities.
Personal information is information that allows us to contact you (such as email address, home address, or telephone number) or other information that, when linked to your name or contact information, allows us to personalize your visit to our site by providing you with information that suits your interests. Inergize is the owner of this website and retain all ownership rights to the information collected at this site. We reserve the right to change, modify, add, or remove provisions of this Privacy Statement. Any changes to this Privacy Statement will be posted here, and we encourage you to review it periodically so that you are up to date on our most current policies and practices.
To enhance our ability to tailor this site to your preferences, we may combine information that you provide us on registration and other online sign-up forms with other information about you that we may obtain. We do not share that information with any other party.
This Web site may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If our Web site offers shopping or other commercial services, you will use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age).
We will use the financial information that you provide to bill you for products and services. By giving us your credit card and related personal information, you are authorizing our store to give that information to the merchant and credit card company in order to confirm and fulfill your order.
We will use contact information from the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary. We will not otherwise use or distribute your financial information without your prior approval.
This site may make available chat rooms, forums, message boards, and news groups. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
Information Sharing With Third Parties
From time to time we may enter into a special relationship with another company that is not owned by Inergize to provide additional features at this site. These special relationships may include "powered by" partners, business partners, sponsors, and co-branded sites (referred to here as "co-branded pages"). These might include, for example, pages that share our name and that of another entity, such as TicketMaster. You should look for a specific privacy statement on any such co-branded page. Any personal information that you provide when signing up at one of those co-branded pages may be shared with our third party partner. You should also check our partner's website for information regarding its privacy policies.
Also, the nature of some features of our Web site may require that we share personal information about you with persons or companies outside of the Inergize family. For example, this may occur at a feature that enables you to ask questions of persons or entities that are not part of the Inergize family. By responding to those features, whether by email or direct entry of information on our Web site, you are consenting to our transferring that information to such persons or entities.
With respect to specific registration modules, like contests, we may disclose personal information collected, and we will post a conspicuous statement on the registration module to the effect that we will be disclosing the information collected with third parties.
Finally, we may share any of the information collected from you with these other non-Inergize companies in an aggregate basis. The aggregated information is not linked to any information that can identify you.
IP Address and Log Files
We may use your IP address to administer our Web site, to help diagnose problems with our server, to analyze trends, to track users' webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.
We license ad-server software from another company to place banner advertising on our Web sites. All of the data provided and generated by the ad-server software remains in our possession and no data is transferred to the licensor of the software. This feature may, on occasion, set "cookies" on your computer. Any information collected or stored by the ad-service or the cookies is treated in the same manner as other information as described in this statement.
Children's Personal Information
Consistent with the Children's Online Privacy Protection Act:
• This site does NOT collect, use, or disclose personal information (including online contact information) of children under the age of 13.
• In the event that a child under the age of 13 attempts to register on our site, we will NOT accept the registration and will delete information received from the child.
• In the event that a child posts personal information in a public forum such as a chat room, we will attempt to delete that information once we become aware of it.
This Web site provides you the opportunity to opt-out of receiving email communications from us and our special relationship partners. To opt-out of receiving email communications, you may:
• Modify your registered user information on our Web site; or
• Send an email to Inergize Digital. Please include the web address. (Please note that this email address should only be used for specific technical issues related to the website such as unsubscribing from a database. The recipients of these emails will not be able, in general to answer concerns regarding on-air programming, promotions or other non-web related issues.)
Access to Personal Information
We give you the opportunity to modify or remove personal information that you have provided to us. You may do so by modifying your password-protected registered user information on our Web site.
Security of Your Personal Information
We employ security measures, consistent with standard industry practice, for information collected through this website. We believe that we have adequate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of the information we collect on our website. We also use internal protections to limit access to users' personal information to only those employees who need the information to perform a specific job.
Sale or Merger
If this site is sold to, or merges with, another company not owned by Inergize, you should expect that some or all of the information collected from this website may be transferred to the buyer/surviving company. If so, we will seek to obligate the acquiring company to use any personal information transferred by this site in a manner consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.
You should be aware that we may be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.