By entering isopodlabs.net or any other website owned or operated by Isopod Labs, Inc. that posts this Terms of Use ("Isopod"), you are accepting and agreeing to the Terms of Use described below, and your use of the such websites (collectively the "Isopod Websites") is subject, at all times, to the Terms of Use below. Isopod reserves the right to discontinue or modify any Isopod Website and the Terms of Use at any time without prior notice. These changes are effective when posted. You are responsible for reviewing these Terms of Use and your access and/or use of any Isopod Website constitutes acceptance of the Terms of Use herein.
In connection with your use of the Isopod Websites, and subject to any restrictions of its licensors, Isopod grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Isopod Websites and the materials thereon provided that you comply fully with these Terms of Use. You shall not interfere or attempt to interfere with the operation of any Isopod Website in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms of Use.
Isopod has a policy of not accepting ideas, artwork, characters, stories, or any other creative work (the "Creative Materials") unless otherwise specifically requested. In accordance with this policy, Isopod requests that you do not volunteer any Creative Materials.
All title, ownership, and intellectual property rights in and to the Isopod Websites are owned by Isopod and/or Isopod's licensor(s). Except as otherwise provided herein, you may not reproduce, republish, create derivative works from, or in any way distribute any content from an Isopod Website without the prior written permission of the owner of the property.
The Isopod Websites may include online forums, blogs or chat rooms (the "Forums") which allow users to interact with each other by posting messages, comments, links, and/or uploading images, videos, sound, music or other content ("Content"). By contributing Content to Isopod Websites, you automatically grant (or warrant that the owner of such rights has expressly granted) Isopod a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, modify and/or adapt into any form, medium, or technology now known or later developed throughout the universe, and agree that Isopod shall be entitled to unrestricted use of the Content for any purpose whatsoever, commercial or otherwise, without compensation. In addition, you warrant that the Content does not violate any rights, including, without limitation, any so-called "moral rights".
Isopod will have no responsibility to monitor the Forums or any Content posted thereon. However, Isopod reserves the right to edit, move, or delete any Content that Isopod, in its sole discretion, determines to be unsuitable for the Forums. Each Forum user is liable for his or her Content contributions to the Forums. Listed below are some, though not all, violations that may result in Isopod terminating or suspending your access to a Forum:
You agree to indemnify Isopod for any and all claims, damages, losses, and causes of action arising as a result of your Content or your failure to comply with these Terms of Use.
When accessing or using the Isopod Websites, you may be directed to other websites that are not affiliated with Isopod (the "Unaffiliated Sites"). Isopod is not a sponsor of, does not endorse, and is not responsible for the content, security, or privacy practices of an Unaffiliated Site. Your access of the Unaffiliated Sites is at your own risk.
Certain areas of Isopod Websites may require you to register or provide information in order to access or participate in such areas. All such requirements to provide information are subject to both these Terms of Use and any privacy policies posted on such Isopod Websites. If you do decide to provide us with the requested registration information, you agree to provide only true, current and accurate information. Should you choose not provide the information, your access to the Isopod Websites may be limited.
You may download those Materials contained on the Isopod Websites expressly designed for download, solely for non-commercial, personal use, so long you also retain all copyright and other proprietary notices contained on the Materials. You may not, however, use any Isopod Website Materials for public or commercial purposes, without Isopod's written permission.
Isopod may make available to you certain software that may be downloaded from the Isopod Websites. Should you download software from an Isopod Website, the software, including any images, files, or other material incorporated into or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Isopod on a non-exclusive and revocable basis. In no event does Isopod transfer title to the Software to you. Isopod retains full and complete title to the Software, and all intellectual property rights attached thereto. You may not sell, reproduce, redistribute, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Before downloading any Software from an Isopod Website, you will be notified of the Software's rating.
From time to time the Isopod Websites may offer you the ability to enter into sweepstakes contests. These contests are governed by an additional set of rules.
Isopod, in its sole discretion, may determine your compliance with these Terms of use. Isopod reserves the right to prevent or limit your access to the Isopod Websites for any violation of these Terms of Use and may refer your activity to law enforcement authorities in its sole discretion. Upon termination, you must discontinue your use of and destroy any Materials all related materials obtained from the Isopod Websites.
You agree to indemnify, defend and hold Isopod and its licensors, and their respective officers, directors, owners, agents and employees (collectively the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by an Indemnified Party in connection with any breach by you of the Terms of Use. Isopod reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Isopod's defense of such claim.
THE Isopod Websites ARE INTENDED FOR ENTERTAINMENT PURPOSES ONLY. THE Isopod Websites, THE MATERIALS AND THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY, AND ISOPOD EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING THERETO, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ISOPOD DOES NOT WARRANT OR REPRESENT THAT THE Isopod Websites, FORUMS OR SOFTWARE WILL BE AVAILABLE, ACCURATE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES, OR THAT ANY DEFECTS THAT MAY BE CONTAINED THEREIN WILL BE CORRECTED.
IN NO INSTANCE WILL ISOPOD BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE Isopod Websites, THE MATERIALS, OR SOFTWARE, EVEN IF ISOPOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND/OR DISCLAIMERS, IN WHICH CASE SOME OF THESE WARRANTIES AND/OR DISCLAIMERS MAY NOT BE APPLICABLE TO YOU.
If you believe that any Content appearing on the Isopod Websites has been copied in a way that constitutes copyright infringement, please contact Isopod immediately with the relevant information.
The Isopod Websites are operated by Isopod Labs, Inc. from its offices in the State of California in the United States of America. Isopod does not represent that the Isopod Websites are appropriate for use in other locations. Those who choose to access the Isopod Websites from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and not the extent local laws are applicable.
These Terms of Use are governed by the laws of the State of California, without giving effect to any principles of conflicts of law, as they are applied to agreements entered into and to be performed entirely within the State of California. Any action you, any third party, or Isopod brings to enforce these Terms of Use or in connection with any matters relating to the Isopod Websites shall be brought in either the state or federal courts located in Los Angeles County, California, and you expressly consent to the jurisdiction of said courts. If any provision of the Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement and understanding between you and Isopod, and supersede any prior or contemporaneous agreements or understandings, whether written or oral, relating to the matters contained herein.