ACCEPTANCE OF TERMS
IPO2U and it's affiliates and associates collectively termed ("IPO2U")
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
The Materials and Services on this Site, as well as their selection and
Our services are available only to individuals who can form legally binding
contracts under applicable state law. Without limiting the foregoing,
our services are not available to minors without parental consent, or
to any members that have been temporarily or indefinitely suspended at
the discretion if IPO2U. Your CodecPhone Club account and User ID may
not be transferred, assigned or sold to another party.
FEES AND SERVICES
When using Services on this Site that are offered by IPO2U, you shall
In addition to the Materials and Services offered by IPO2U, this Site
The functions and performances of the services depend on the cooperation
USE OF SOFTWARE
The software and accompanying documentation that is made available to
LICENSE TO IPO2U FOR USER CONTENT
Certain Services offered through this Site accommodate or require User
For User Content such as comments to the IPO2U User Forums, bug reports,
For submitted User content you grant IPO2U permission to list them in
the community directories and databases so they may be made available
to other users, unless you specifically forbid IPO2U to do so.
You may only submit User Content to the Site that is owned by you. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene or pornographic materials, or other materials that would violate any law or the rights of others, including without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site. You accept all legal responsibility for violating copyright laws by posting images or other content which you were not the sole creator of.
In using the Site, including all Services and Materials available through it, you agree:
MANAGING CONTENT AND COMMUNICATIONS
To the maximum extent permitted by law, IPO2U will have no liability related to User Content or Design Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. IPO2U also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content or Design Content.
USE AND PROTECTION OF ACCOUNT NUMBER AND PASSWORD
You are responsible for maintaining the confidentiality of your account number, account name and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name and/or password, whether or not actually or expressly authorized by you, unless access to your account number, account name and/or password was obtained through no fault or negligence of your own.
DISCLAIMERS AND NO WARRANTY
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND IPO2U OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, IPO2U MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. IPO2U MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND IPO2U MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) IPO2U DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING WITHOUT IMITATION THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE, (ii) IPO2U MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS OR SERVICES, (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK, AND (iv) IPO2U SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE
THE SOFTWARE AND SERVICES ARE DESIGNED TO WORK WITH A NUMBER OF VERSIONS OF COMPUTER OPERATING SYSTEMS AS INDICATED IN ITS SPECIFICATION. IF THE SOFTWARE OR SERVICE FAILS TO WORK WITH ANY OPERATING SYSTEM, IPO2U IS ONLY OBLIGATED TO OFFER YOU EXPLANATION AND IF JUSTIFIED, TO OFFER YOU A REFUND BY CHECK, AND NOT BY CREDIT CARD SINCE THERE IS A SEVERE SERVICE COST.
IPO2U IS NOT RESPONSIBLE FOR ANY CONSEQUENCES, OR DAMAGES AS A RESULT OF USING THIS SITE AND IT'S SERVICES, INCLUDING THE SOFTWARE PROVIDED THEREIN.
This Site can be accessed from countries around the world and may contain
The Site is controlled, operated and administered by IPO2U from its offices within the United States of America. IPO2U makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United States and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws, including communication laws.
PERSONAL INFORMATION AND PRIVACY
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL IPO2U, ITS
SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS
NOTIFICATION OF COPYRIGHT INFRINGEMENT
IPO2U will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please contact us, and provide us with the the following elements:
2. a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
3. a description of where the material that you claim is infringing is located on the site;
4. information sufficient to permit IPO2U to contact you, such as your physical address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. a statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
By telephone: 914-347-2450
INDEMNITY AND LIABILITY
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by IPO2U from its offices within the state of New York, United States of America. By accessing this Site, you and IPO2U agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding any legal action initiated by IPO2U which includes but is not limited to collecting fees, recovering damages, incurred against or obtaining an injunction to the Site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Hawthorne, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Should any member file an action contrary to this provision, IPO2U may recover attorneys fees and costs.