Terms of Service. Otherwise known as Legal Jetsam. |
Terms of Service
The gist:
We (the folks at itsdEx) run a service called itsdEx.com and would love for you to fall in love with it and use it everyday. Our basic service is free, and we have pro plans that give you even cooler features like puppets and extra trading tools for the time-starved, itsdEx addicted traders out there.
Our service is designed to give you a fun social trading environment to trade virtual shares in websites, discover new sites through the process and try to take over the world. We encourage you to express your freely, but you should be be responsible in what you blog. In particular, make sure that none of the prohibited items listed below appear on your blog or get linked to from your blog (things like spam, viruses, hate content, etc). Please make sure you read through the list and the rest of the terms and agree with them before you get started.
Creative Commons License (Note, we've decided to make the below Terms of Service available under a Creative Commons Sharealike license, which means you're more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you, and if you want we'd appreciate a link to itsdEx.com somewhere on your site. We spent a lot of money and time on the below, and other people shouldn't need to do the same.)
Terms of Service:
The itsdEx.com website (“Website”) is a hosted service operated by itsdEx (“itsdEx”). Any use of the Website is subject to the following Terms and Conditions of Use (“Terms and Conditions”), as well as to itsdEx’s Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. Your use of the Website will constitute your acceptance of these terms and conditions.
1. Your itsdEx.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and itsdEx may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause itsdEx liability. You must immediately notify itsdEx of any unauthorized uses of your blog, your account or any other breaches of security. itsdEx will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.itsdEx may from time to time set storage limits for your blog, or take any other measures itsdEx considers appropriate to manage the Website. itsdEx will advise you of any such change, and may do so in any reasonable manner, such as posting a change on the dashboard you see when you log in to your itsdEx.com account or via the “itsdEx.com News” blog accessible at itsdEx.com. If you exceed the storage limits, itsdEx may require you to reduce the storage you are using or pay additional fees. itsdEx may also from time to time change its policies on offering commercial content or displaying advertising, and it may do this without notice. However, itsdEx may post blog entries about its policy changes, and you may wish to check your dashboard for itsdEx’s announcements about any such changes.
2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website to material on , or otherwise make material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
* the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
* you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
* the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
* the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
* the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party; and
* you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by itsdEx or otherwise.
By submitting Content to itsdEx for inclusion on your Website, you grant itsdEx a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, itsdEx will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, itsdEx has the right (though not the obligation) to, in itsdEx’s sole discretion (i) refuse or remove any content that, in itsdEx’s reasonable opinion, violates any itsdEx policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in itsdEx’s sole discretion. itsdEx will have no obligation to provide a refund of any amounts previously paid.
3. Responsibility of Website Visitors. itsdEx has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, itsdEx does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. itsdEx disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which itsdEx.com links, and that link to itsdEx.com. itsdEx does not have any control over those non-WordPress websites and webpages, and is not responsible for their contents or their use. By linking to a non-WordPress website or webpage, itsdEx does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. itsdEx disclaims any responsibility for any harm resulting from your use of non-WordPress websites and webpages.
5. Copyright Infringement and DMCA Policy. As itsdEx asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by itsdEx.com violates your copyright, you are encouraged to notify itsdEx in accordance with itsdEx’s Digital Millennium Copyright Act ("DMCA") Policy. itsdEx will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of itsdEx or others, itsdEx may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, itsdEx will have no obligation to provide a refund of any amounts previously paid to itsdEx.
6. Trademarks. itsdEx, itsLets, itsLets.com, itsdEx.com, the itsdEx.com logo, and all other trademarks, service marks, graphics and logos used in connection with itsdEx.com, or the Website are trademarks or registered trademarks of itsdEx or itsdEx’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any itsdEx or third-party trademarks.
7. Changes. The Website, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of itsdEx and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
8. Limitation of warranties of itsdEx, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website is provided “as is”, and itsdEx, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that itsdEx, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. If you're actually reading this, here's a treat. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
9. Limitation of liability of itsdEx, its suppliers and its licensors. Except as otherwise expressly stated, in no event will itsdEx, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if itsdEx, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against itsdEx, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to itsdEx during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section 11 represents a reasonable allocation of risk.
10. General Representation and Warranty. You represent and warrant that your use of the Website will be in accordance with the itsdEx Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and with any other applicable policy or terms and conditions.
11. Indemnification. You agree to defend, indemnify and hold harmless itsdEx, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
12. Miscellaneous. These Terms and Conditions constitute the entire agreement between itsdEx and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of itsdEx, or by the posting by itsdEx of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms; itsdEx may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This part is not part of the whole Creative Commons Share and Share Alike Thing referred to above:
1. The itsdEx Firefox Toolbar.
The Its Toolbar Service that you are using exchanges data with Alexa Internet, Inc. ("Alexa") in order to provide you with information about the web pages you view.
FOR EVERY WEB PAGE YOU VISIT WHILE USING THE ITS FAMILY SERVICE, CERTAIN INFORMATION, INCLUDING YOUR IP ADDRESS, THE URL OF THE WEB PAGE YOU VISIT, AND GENERAL INFORMATION ABOUT YOUR BROWSER AND COMPUTER’S OPERATING SYSTEM, WILL BE TRANSMITTED FROM YOUR COMPUTER TO ALEXA. SOME OF THE URLS YOU VISIT, WHICH ARE TRANSMITTED TO ALEXA, WILL CONTAIN INFORMATION THAT IS PERSONALLY IDENTIFIABLE.
Alexa does not attempt to analyze web usage data to determine the identity of any ITS FAMILY Service user. Alexa aggregates and analyzes the information it collects to improve its service and to prepare reports about aggregate web usage.
Information transmitted to Alexa through the Its Service is subject to Alexa’s Privacy Policy, as that policy applies to information collected through the Alexa Toolbar Service. Please read the Alexa Privacy Policy located at www.alexa.com to understand how Alexa uses the information collected through the Its toolbar Service.
This last setion applies only to those crazy itsdEx traders, sometimes referred to as itsdEx-aholics, who take the game with them by installing the itsdEx firefox bar. If you do really weird things on your computer, this is a good neighborhood so don't join. If this bothers you, then don't install the bar. Or install it on your friend's computer.
If you've read this entire legal jetsam, wow, we're impressed. Now get in there warrior and start trading!
2. itsdEx Cash
As tempting as it might be to give away $100,000 to everyone who wants to play the free game, we're not able to do that. Instead, you receive $100,000 in play money, Monopoly money, itsdEx money, which you can then use to buy virtual shares in your favorite websites. "Play" is the key operative word here. You can't use this money to pay someone for that lunch they bought last week, or any other things that currency as we know it is used for. As well put in the Hitchhiker's Guide to the Galaxy, "This planet has-or rather had-a problem, which was this: most of the people living on it were unhappy for pretty much most of the time [not true of itsdEx'ers]. Many solutions were suggested for this problem, but most of these were largely concerned with the movements of small green pieces of paper, but most of these [people] were largely concerned with the movements of small green pieces of paper, which is odd because on the whole it wasn't the small green pieces of paper that were unhappy."
Happy trading!
