Terms of Service



Last Updated: May 01, 2012

Welcome to www.IWON.com, operated Mindspark Interactive Network, Inc. ("IWON", "we" or "us"). By using the services offered on or through www.IWON.com (the "IWON Site"), you are agreeing to the terms and conditions listed below (the "Terms of Service"). You can always check out the most current version of these Terms of Service at this page. In addition to these Terms of Service, your use of the IWON Site and/or IWON Services is governed by our Privacy Policy. You agree to IWON's collection, use and sharing of your information as set forth in the Privacy Policy, which may be amended by us from time to time in our discretion. When using particular IWON Services (as defined below), you shall be subject to any posted guidelines applicable to such services and any other terms or conditions applicable to IWON Services provided by or in conjunction with any of IWON's content and service partners.

The Privacy Policy and all other posted rules and guidelines are hereby incorporated by reference into these Terms of Service. If you do not agree to these Terms of Service please do not use the IWON Site or any IWON Services, and do not register to be a member of IWON.

We reserve the right, at our discretion, to change, modify, add, remove or otherwise revise portions of these Terms of Service, or any incorporated policies, rules or guidelines, at any time. Please check the IWON Site periodically for changes. Your continued access to the IWON Site and/or use of any IWON Services following the posting of changes to these terms constitutes your acceptance of the revised Terms of Service.

Overview

The IWON Site (and the optional MyWebSearch Toolbar) is a multi-purpose service which allows you to use or access a wealth of products and services, including games, search services, forums, and a broad range of other content (collectively, the "IWON Services"). IWON Services may be offered by IWON itself, or by a third party partner/service provider. Unless stated otherwise, these Terms of Service apply to all IWON Services, including those currently offered as well as any new products or services that we may add in the future.

General Terms  of Service and Restrictions on Use of Materials

You may access the IWON Site, and use the IWON Services for personal, non-commercial purposes. By accessing or otherwise using the IWON Site and/or IWON Services, you are acknowledging and agreeing that you have read, understand, and agree to be legally bound and to abide by these Terms of Service, just as if you had signed a written agreement. If you do not comply with the Terms of Service at any time, IWON reserves the right to terminate your access to all or some of the IWON Services. IWON may discontinue or alter any aspect of the IWON Services, including, but not limited to, (i) restricting the time the IWON Services are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the IWON Services, at IWON's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the IWON Services through an available access number. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the IWON Services. You further certify that you are an individual and that you are 13 or older.

Registration

In order to use certain IWON Services, you must become a registered user of the IWON Site. You agree that IWON user names are the property of Mindspark Interactive Network, Inc., and we reserve the right, in our sole discretion, to change, remove or replace any user name for any reason. We may refuse to grant you, and you may not use, an IWON user name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Please note that your user name may be viewed by the public, so you should not choose a user name that personally identifies you.

If you elect to register to use the IWON Site and IWON Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the IWON registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or IWON has reasonable grounds to suspect that such is the case, IWON has the right to suspend or terminate your account and refuse any and all current or future use of the IWON Site and/or IWON Services (or any portion thereof).

In addition to any other Registration Data, to register with IWON you will be required to choose a password and an account name. You are solely responsible for maintaining the confidentiality of any password you may use to access the IWON Services, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the IWON Services, to any third party. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or the IWON Services, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

Profile Page

When you register for an account with the IWON Services, a profile page will automatically be created for you and certain Registration Data will automatically be pre-populated in your profile page, including user name, the date you registered as an IWON user, gender, and last log on date. Existing registered users as of the date the profile pages go live will also have profile pages automatically generated. In addition to the aforementioned data, games played and game standings, and/or other user information may be pre-populated, You may choose to add information (such as interests, favorite Web links, quotes and keyword tags) to or delete certain information from your profile page, but your user name, the date you registered as an IWON user and your last log on date are required information for your profile page. Your profile page will also automatically display the games you have played. We may also ask you a series of questions, many of which are optional, regarding your interests that will allow other users to search for people with common interests. Please note that your profile page (including any messages that may have been left for you) may be viewed by other registered users, so you should not include any information in your profile page that you do not want others to see.

Toolbar

For your convenience, we may make certain of the IWON Services available via the MyWebSearch Toolbar (the "Toolbar"). The downloading and use of the Toolbar is subject to an End User License Agreement, which may be found at http://helpint.mywebsearch.com/intlinfo/eula/eula.jhtml (the "EULA"). For users who download the Toolbar, the EULA is hereby incorporated by reference into these Terms of Service. At this time, there is no requirement to download the Toolbar in order to register for, or access and enjoy the IWON Services. Downloading and using the Toolbar is strictly optional.

IWON's Privacy Policy

Pursuant to IWON's privacy policy, we may disclose to third parties certain information contained in your Registration Data or related data unless you choose to opt out from such disclosures. Please note: opting out may restrict your ability to utilize certain of the IWON Services. We may also disclose such information if we have a good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce these Terms of Service. For more information, please see our full Privacy Policy.

Forums; Email Service

IWON offers users access to Forums, and also provides registered users with access to email services. A "Forum" refers to a bulletin board, virtual community or other means for users to engage in public commentary or discussion. Both Forums and email are offered as part of the IWON Services. Forums and e-mail are offered for personal, non-commercial use only. You shall not, without IWON's express written approval, distribute or otherwise publish via any of the IWON Services any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.

As with all IWON Services, your privilege to use IWON email and participate in the Forums is dependent on your continued compliance with these Terms of Service, specifically including the Community Standards and Conduct listed below. IWON may revoke your privileges, terminate your registration/account or take any other measures deemed by IWON to be appropriate, in its sole discretion, to enforce these Terms of Service if violations are brought to our attention.

In addition to any other rights or remedies available to it, IWON reserves the right to immediately suspend, terminate, access and investigate the email or user account of any user upon receipt of a subpoena or law enforcement request, or when IWON believes, in its sole discretion, that a user is transmitting or is otherwise connected with the distribution of unsolicited bulk email messages (SPAM) or any harassing email messages, or with any fraudulent, misleading or illegal activities. Because of the difficulty associated with quantifying damages, if actual damages cannot be reasonably calculated then you agree to pay iWon liquidated damages of $5 for each piece of unsolicited bulk Email transmitted from or otherwise connected with your account or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay IWON's actual damages, to the extent such actual damages can be reasonably calculated.

Email/Forum Privacy

It is our policy to respect the privacy of all users. Therefore, in addition to our Privacy Policy, we and our service partners will not monitor, edit, or disclose the contents of a user or member e-mail unless required in the course of normal maintenance of the IWON Services and its systems, or in our good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on IWON; (2) protect and defend the rights or property of IWON; or (3) act in an emergency to protect the personal safety of our users or the public. You shall remain solely responsible for the content of your messages.

Notwithstanding the foregoing, in order to permit IWON to protect the quality of its products and services, you hereby consent to IWON employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse. IWON shall not disclose the existence or occurrence of such an investigation unless required by law.

You should consider all Forum communications to be public and not private communications. Although IWON reserves the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us and our service partners a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

IWON reserves the right to monitor some, all, or no areas of the Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute content, IWON is acting as a passive conduit for such distribution and IWON is not undertaking any obligation or liability relating to any content or activities in any Forum or email.

Email Storage and Delivery; Termination of Inactive Accounts

The amount of Email storage space per member may be limited. Email accounts may be archived at such time intervals as IWON or its third party service provider(s) determine in their sole discretion. Some Email messages may not be processed due to space constraints, outbound message limitations or disruptions in the system(s). You agree that IWON is not responsible or liable for the deletion or failure to store messages or other information.

Email accounts may be terminated and/or deleted from our system if they remain inactive for a period of ninety (90) or more days. In the event of a suspension or deletion of an email account, messages (whether sent, received, in draft form or archived) and address book entries will no longer be accessible.

Submissions

If, on your own or at our request, you submit content (e.g., postings to Forums), communications, creative suggestions, ideas, notes, drawings, or other information (collectively, "Submissions"), you hereby grant to IWON and its affiliates a royalty-free, perpetual, irrevocable, sub-licensable, transferable, worldwide license to use, copy, modify, incorporate into other works, display, perform, transmit and distribute such Submissions or any portion thereof, in or through any medium, whether now known or hereafter created. IWON shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the submitter. None of the Submissions shall be subject to any obligation of confidence on the part of IWON, and IWON shall not be liable for any use or disclosure of any Submissions. You represent and warrant that you own the contents of any Submission or otherwise have sufficient rights in the Submission to grant to IWON the license set forth above.

Community Standards and Conduct

You acknowledge that all content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you are entirely responsible for all content that you post, email or otherwise transmit via the IWON Services. IWON does not control all of the content posted on or via the IWON Site or IWON Services and, as such, does not guarantee the accuracy, integrity, completeness, non-infringement or quality of such content. You understand that by using the IWON Site or IWON Services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will IWON be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted on or via the IWON Site or IWON Services.

You agree to not use the IWON Services (including, without limitation, the email service and the Forums) to:

  • upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, an IWON official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • solicit other users of the IWON Site to join or become members of any online or other service;
  • upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
  • upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the IWON Services or an IWON Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • interfere with or disrupt the IWON Services or servers or networks connected to the IWON Services, or disobey any requirements, procedures, policies or regulations of networks or third party providers connected to, or providing the IWON Services;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • "stalk" or otherwise harass another member or user of the IWON Services; or
  • collect or store personal data about other users, or members.


Links/External Sites and Resources

The IWON Site and IWON Services may contain, and other users or third parties may provide links to other World Wide Web sites or resources. These sites and resources are not controlled by IWON, and the mere existence of the link on the IWON Site does not imply an endorsement by IWON. External Web sites and resources are not subject to these Terms and Conditions, or the IWON Privacy Policy, and may be subject to other terms and conditions or policies posted therein. Because IWON has no control over such sites and resources, you acknowledge and agree that IWON is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that IWON shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Content, goods or services available on or through any external site or resource. Your use of external sites or resources is at your own risk.

DISCLAIMER

IWON and its service providers utilize diligent efforts to maintain the IWON Services, but IWON and its service providers are not responsible for any defects or failures associated with the IWON Services, including, without limitation, the email service, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, IWON and its service providers make no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the IWON Services, including as to: (i) the accuracy, currency, content, completeness, non-infringement or quality of any such sites and information, or (ii) whether any search using the IWON Services may locate unintended and objectionable content.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE IWON SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. IWON EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE.

WITHOUT LIMITATION, IWON MAKES NO WARRANTY THAT THE IWON SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE IWON SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE IWON SERVICES WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE IWON SERVICES, INCLUDING EMAILS SENT VIA THE IWON SERVICES, IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM IWON PERSONNEL OR THROUGH THE IWON SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.

Disclaimer Regarding Financial Information

The IWON Services allows you to obtain information on companies, stock prices, bonds, and other investments or financial matters. The IWON Services, including all such financial information, is provided for informational purposes only, and no information you may obtain is intended by IWON to be used for trading or investing purposes. IWON shall not be responsible for the accuracy, usefulness or availability of any information transmitted via the IWON Services, and shall not be liable for any trading or investment decisions made based on such information.

Disclaimer Regarding Shopping Retailers

The IWON Services provides shopping services to help you locate and potentially purchase products from online and offline retailers. IWON does not, however, control these independent retailers and IWON does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services.

When shopping by means of services provided by IWON you acknowledge and agree that:

IWON does not endorse any of the products or services linked to, from or through the IWON Services, nor has IWON taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through IWON or their own Web sites. IWON expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IWON SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IWON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE IWON SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE IWON SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE IWON SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE IWON SERVICES. IN NO EVENT SHALL IWON'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE IWON SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

Indemnification

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MINDSPARK INTERACTIVE NETWORK, INC., ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE IWON SITE OR IWON SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY IWON OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Termination and modification

You agree that IWON, in its sole and absolute discretion, may terminate your password, account (or any part thereof) or use of the IWON Services, and remove and discard any Submissions or other content within the IWON Services, for any reason, including, without limitation, for lack of use or if IWON believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. IWON may also in its sole discretion and at any time discontinue providing the IWON Services, or any part thereof, with or without notice. You agree that any termination of your access to the IWON Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that IWON may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the IWON Services. Further, you agree that IWON shall not be liable to you or any third-party for any termination of your access to the IWON Services.

The provisions of these Terms of Service pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive termination.

INTELLECTUAL PROPERTY

You acknowledge that the IWON Site and IWON Services contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All IWON-generated Content and Content provided to IWON by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, IWON owns a copyright in the selection, coordination, arrangement and enhancement of all Content and in the IWON Site as a whole.

You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other Web site or networked computer environment is strictly prohibited. In the event you download software provided by IWON, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by IWON. IWON does not transfer title to the Software to you. You may not redistribute, sell, export, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

The IWON name and logo are trademarks of Mindspark Interactive Network, Inc. or its affiliates. All other trademarks appearing on the IWON Site or IWON Services are trademarks of their respective owners. IWON's partners may also have additional proprietary rights in the Content which they make available through the IWON Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

THIRD PARTY INTELLECTUAL PROPERTY; COPYRIGHT NOTIFICATIONS

IWON respects the intellectual property of others, and we ask our users to do the same. IWON may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. IWON will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide IWON's Copyright Agent with a written notification containing at least the following information (please confirm these requirements with your legal counsel, or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. §;512(c)(3), for more information):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • 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 on the IWON Site, sufficient for IWON to locate the material;
  • your address, telephone number, and email address;
  • a 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; and
  • a statement by you that the above 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.


If you believe that your work has been removed or disabled by mistake or misidentification, please provide the IWON's Copyright Agent with a written counter-notification containing at least the following information (please confirm these requirements with your legal counsel or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. §;512(g)(3), for more information):

  • a physical or electronic signature of the subscriber/user of the Services;
  • 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 made under penalty of perjury that the subscriber 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; and
  • the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.


You acknowledge that if you fail to comply with all of the aforementioned notice requirements, your notification or counter-notification may not be valid and that IWON may ignore such incomplete or inaccurate notices without liability of any kind.

Under Section 512(f) of the Copyright Act, 17 U.S.C. §;512(f), any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

Please contact IWON's Copyright Agent for copyright/intellectual property infringement notifications or counter-notifications at:

iWon, c/o Mindspark Interactive Network, Inc.
One North Lexington, 9th Floor
White Plains, NY, 10601
ATTN: Copyright Agent/Legal Dept.
email: dmca[at]mindspark.com


PLEASE NOTE: By submitting a notice or counter-notification regarding allegedly infringing material, you are granting us permission to share your name and contact information with the submitter of the allegedly infringing material or submitter of the notice, as applicable.

ELECTRONIC DELIVERY/NOTICE POLICY AND YOUR CONSENT

By using the IWON Services, you consent to receive from IWON all communications including notices, agreements, legally required disclosures or other information in connection with the IWON Services (collectively, "Contract Notices") electronically. IWON may provide such electronic Contract Notices by posting them on the IWON Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the IWON Site and IWON Services.

GOVERNING LAW AND OTHER MISCELLANEOUS TERMS

These Terms of Service (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the IWON Site (and all IWON Services) is deemed a passive website that does not give rise to personal jurisdiction over IWON or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the IWON Services, shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

These Terms of Service (and any further policies or documents incorporated by reference herein) constitute the entire understanding between IWON and users of the IWON Site and Services concerning the subject matter hereof and may not be modified except by revised Terms of Service posted by IWON. These Terms of Service, which may be modified or amended by IWON from time to time, in its sole discretion, supersedes all prior understandings and agreements, whether written or verbal with respect to the subject matter hereof. If any of the provisions of these Terms of Service will contravene, or be invalid under, the laws of the particular jurisdiction where performed, such contravention or invalidity will not invalidate the whole agreement, rather these Terms of Service will be construed as if not containing the particular provision or provisions held invalid, and the rights and obligations of the parties will be construed and enforced accordingly. Notwithstanding the foregoing, the Terms of Service does not modify, alter or amend any other specific agreement you have entered or will enter into with IWON. To the extent that any provision of the Terms of Service, or any supplemental agreement offered as any part of any registration for additional services on the IWON Site or within the IWON Services, conflicts with any provision of your other agreements with IWON, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of the Terms of Service, unless otherwise expressly provided in such other agreement.

No failure or delay by IWON in exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Service. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

These Terms of Service are binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. Users may not assign their rights or obligations hereunder without IWON's prior written consent.



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