Networked Insights Terms Of Service
Please read the following Terms of Service carefully. It contains important information regarding your rights, obligations, and restrictions in connection with your use of the Networked Insights website at networkedinsights.com (the “Site”). By visiting or using the Site you accept and agree to be bound by these Terms of Service (“Terms of Service” or “Agreement”). If you do not agree to these Terms of Service you may not use the Site.
Modified at any time: We may modify this Agreement from time to time at our discretion and without prior notice. Any modification of this Agreement will be posted on the Site. The modified Agreement will become effective upon such posting. Remember, your continued use of the Site after posting of the amended Agreement indicates your acceptance of and agreement to be bound by the amended Agreement. Questions regarding these terms should be sent to via e-mail.
Proprietary Rights and Content in the Community
Networked Insights owns and retains all proprietary rights in the Site. Except for information which is in the public domain you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Content Posted on the Site by Users
You are solely responsible for the content that you publish, display, or transmit within the Site. This includes, but is not limited to; photos, profiles, messages, notes, text, information, music, and videos (“Content”).
You represent, warrant and agree that no Content submitted by you or otherwise posted or shared by you through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful material, or violate any other laws or regulations.
You understand and agree that Networked Insights may, but is not obligated to, review and delete any Content that, in the sole judgment of Networked Insights, violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Networked Insights or the public, without notice. Networked Insights assumes no responsibility for monitoring the Content posted on the Site.
You retain all your rights, if any, in Content you post. However, by posting Content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Networked Insights (and its successors) an irrevocable, perpetual, non- exclusive, assignable, royalty free, worldwide license to use, copy, perform, display, distribute and to prepare derivative works of such Content and to grant and authorize sublicenses of the foregoing.
If you believe that any Content or other material on the Site infringes upon any copyright that you own or control, you may submit a notification to Networked Insights pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed
- A description of the copyrighted work that you claim has been infringed
- A description of where the material that you claim is infringing is located in the community
- Your address, telephone number, and e-mail address
- A written 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
- A statement by you, made 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.
Please send your notification to the attention of Networked Insights’ Designated Copyright Agent to receive notification of infringement claims at: 222 West Washington Avenue, Suite 230 Madison, WI 53703
Links to Third Party Sites
Any links included within the Site taking users out of the Site are not owned by or under the control of Networked Insights. Networked Insights assumes no responsibility for the content, privacy policies, or practices of any third party website. Use of such third party sites shall be at your own risk and is subject to the policies and procedures of the owner of such site. We encourage you to read those policies and know your rights.
Transactions with Organizations or Individuals
Networked Insights shall not be liable for your interactions with any organizations and/or individuals found on or through the Site. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are your responsibility, and are solely between you and such organizations and/or individuals. You agree that Networked Insights is not responsible for any damage or loss incurred as a result of any such dealings. Networked Insights is under no obligation to become involved in disputes between participants on the Site, or between participants on the Site and any third party. In the event of a dispute, you release Networked Insights, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Site.
Networked Insights is not responsible or liable in any manner for any Content posted on the Site.
THE SITE IS PROVIDED “AS IS” AND NETWORKED INSIGHTS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NETWORKED INSIGHTS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. The Site may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from Networked Insights or through or from the Site shall create any warranty not expressly stated herein.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL NETWORKED INSIGHTS OR ANY OF ITS CORPORATE PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS AND LOST DATA ARISING FROM YOUR USE OF THE SITE OR ANY CONTENT OR OTHER MATERIALS ACCESSED THROUGH THE SITE, EVEN IF NETWORKED INSIGHTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NETWORKED INSIGHTS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NETWORKED INSIGHTS FOR ACCESS TO THE SITE.
Any dispute about or involving this Agreement, the Site between you and Networked Insights, will be governed by the laws of the State of Wisconsin without regard to its conflict of law rules. You agree to the exclusive jurisdiction and venue of the Wisconsin state courts in and for Dane County, Wisconsin and the Federal Courts in and for the Southern District of Wisconsin.
You agree to defend, indemnify, and hold harmless Networked Insights, its corporate parents and subsidiaries, officers, directors, employees and agents with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, and expenses. This includes attorneys’ fees arising out of or in connection with any Content, your use of the Networked Insights Site, your conduct in connection with the Site, or any breach of this Agreement. Notwithstanding the foregoing, Networked Insights retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Networked Insights herein under the terms and provisions of this Section. In no event shall you settle any such claim without Networked Insights prior written approval.
The terms and provisions of this Agreement shall not be interpreted as creating an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Networked Insights and any Site user.
Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
This Agreement contains the entire agreement between you and Networked Insights regarding the use of the Site. The failure of Networked Insights to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Networked Insights without restriction.
Effective Date: February 2010.