IVOON TERMS OF SERVICE

 

THIS IS A CONTRACT. By using or visiting this web site (collectively, including all Member Content available through the Ivoon.com domain name, the "Ivoon Site" or "Site") or registering for this service, you represent and warrant that you have read, understand, and have the legal capacity to, and hereby accept all the terms and conditions of this agreement, and agree to be legally bound by this agreement. To view the most recent version of this agreement visit Ivoon.com/terms

Membership

By using Ivoon, you represent and warrant that all registration information is truthful and accurate and that you agree to maintain the accuracy of such information.  You further represent and warrant that you are 14 years of age or older and that your use of Ivoon does not violate any law or regulation in the United States or any other applicable jurisdiction.  Your membership may be terminated without warning if it is found that you are misrepresenting your age or your identity.    If you provide any registration information that is untrue or inaccurate, or if Ivoon has reason to suspect that such information is untrue or inaccurate, Ivoon may suspend or terminate your Membership without notice to you.

User Name and Password

You will need a valid user name and password to use certain features of Ivoon.  You must have a valid email address in order to register for a user name and password on the Ivoon website.  When registering your user name and password, you may not (1) select or use a user name of another person with the intention of impersonating that person, (2) use the user name of anyone else without authorization, (3) use a user name in violation of the intellectual property rights of any person or entity, or (4) use a user name that IVOON considers in its sole discretion as being inappropriate.

Your membership is solely for your personal use and is not transferable.  You shall not authorize others to use your user name. You are solely responsible for the use and maintenance of your user name and password. You may change your password at any time (by going to the Ivoon website and clicking on "Account Settings").   You agree to notify IVOON of any unauthorized use of your account or any other breach of security, and to ensure that you exit from your account at the end of each session.

 

Term/Termination

This Agreement shall remain in full force while you use Ivoon and/or are a Member.  You may terminate your membership at any time, for any reason by sending a request to cancel your account by email to support @ Ivoon.com. Ivoon may terminate your membership and cancel your user name for any reason with or without notifying you.  In the event your membership is terminated or your user name is cancelled, IVOON may, without notification, delete the Content Posted by you, and you will need to re-register for a membership and obtain a new user name to gain access to any registration based service of Ivoon. IVOON shall not be responsible for any losses, damages, claims and actions of any kind, either directly or indirectly related to or arising from the restriction, suspension, or termination of access to Ivoon or cancellation of your user names. 

 

No Duty to Monitor Content

IVOON, in its sole discretion shall have the right (but not the duty) to monitor the Content Posted on Ivoon. IVOON reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others, but IVOON is not responsible for any failure or delay in removing such Content. Ivoon.com is not responsible for the content uploaded by its users, and will periodically monitor the content. If requested Ivoon will take down music that is violating copyright laws with proper proof of ownership or representation.

 

Restrictions on Posting Content

You are solely responsible for all Content Posted by you and all Content Posted under your user name, and all of the audio submitted. You may use Ivoon for lawful purposes only. You may not Post or transmit, whether publicly or privately, any material:

1. that is false, misleading, deceptive, deceitful,  or constitutes "bait and switch";
2. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of the Content Posted;
3. that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful programs;
4. that harasses, threatens, or abuses another person;
5. that is libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable;
6. that violates any applicable law restricting the export or import of data, software, or any other content, or encourages conduct that would constitute a criminal offense;
7. that gives rise to civil liability,
8. that violates the Fair Housing Act or any state or local ordinance by Posting any notice or ad for sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, gender, familial status or handicap;
9. that violates federal, state, or local equal employment opportunity (EEOP) laws, including but not limited to, stating in any Posting for employment a preference or requirement based on race, color, religion, gender, national origin, age or disability;
10. with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. Citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
11. that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law; or
12. Otherwise violates any applicable local, state, national or foreign law or regulation.

You also may not use Ivoon to stalk or harass anyone, disrupt a third party's access and use of Ivoon, or use Ivoon in a way that may cause interruption of the Ivoon.com website or any other service provided by IVOON.  Further, you agree not to Post irrelevant Content or repeatedly Post the same or similar Content.

 

Rights to Content Posted to Public Areas

If you use Ivoon to Post Content or other information to public areas, other people will have access to this information and Content.  You may only Post to public areas, Content that you created or which the owner of the Content has given you permission to Post.  By Posting Content to public areas, you represent and warrant that you own the rights to this Content or are authorized to use and distribute this Content to public areas.  You further represent and warrant that this content does not and will not infringe any other third party right nor violate any applicable law or regulation.

You or the owner of the Content retain ownership of all right, title and interest in Content that you Post to public areas.  However, by submitting or Posting Content to public areas, you grant IVOON, its affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this Content in any medium.   This includes, but is not limited to a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the Content. You will not be compensated for any Content which you Post to public areas.

Public areas of Ivoon are those areas that are generally available to other Members and users of Ivoon, and the general public who will see embedded mp3 players with their respective audio. Public areas do not include Ivoon services intended for Private communications, or areas that are accessible via hypertext or other links to third party websites not part of the Ivoon network or are.

 

Name and Likeness

By registering for and maintaining a Ivoon Account, you grant to IVOON, its affiliates, subsidiaries, assigns, agents and licensees a non-exclusive license to use and to permit others to use throughout the universe your professional name, likenesses, other identifications, and biographical material Posted concerning you solely in connection with the advertising and promotion of Ivoon and IVOON. You will not be compensated for use of your name or likeness used in accordance with the above.

 

Proprietary Rights in Content Created by IVOON

IVOON owns and retains all proprietary rights in Ivoon.  The compilation of all Content on Ivoon is the exclusive property of IVOON (or its partners or Licensors).  Except as otherwise provided in "Rights to Content Posted to Public Areas" above, all Content, including but not limited to text, software, music, sound, photographs, video, graphics, Java script code, and HTML code, presented to you on or through Ivoon by IVOON or IVOON’s partners and advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.  You are only permitted to use this Content as expressly authorized by IVOON, its partner or the advertiser.  You may not copy, reproduce, distribute, or create derivative works from this Content without the express written permission from IVOON, its partner or the advertiser. 

 

Modifications

IVOON may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify Ivoon, and (c) discontinue Ivoon at any time. IVOON shall post any revision to this Agreement to the Ivoon.com website, and the revision shall be effective immediately upon such posting. You agree to review these Terms of Use and other online guidelines posted on the Ivoon.com website periodically to be aware of any revisions. You agree that, by continuing to use or access Ivoon following the notice of any revision, you shall abide by any such revision. Ivoon shall not be liable for any damages or losses related to the modification, cancellation or termination of Ivoon and/or this Agreement.

 

Privacy Policy

Use of Ivoon is also governed by our Privacy Policy.

 

DISCLAIMER OF WARRANTIES

IVOON HEREBY DISCLAIMS ALL WARRANTIES. IVOON IS MAKING IVOON AVAILABLE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IVOON, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.   YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, IVOON . ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH IVOON IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. IVOON DOES NOT WARRANT THAT IVOON WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF IVOON WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN IVOON WILL BE CORRECTED.

 

LIMITED LIABILITY

IVOON’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  IN NO EVENT SHALL IVOON, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) DAMAGES (EVEN IF IVOON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),  ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE IVOON OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU.   

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 LIMITATION MAY NOT APPLY TO YOU.

 

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD IVOON, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST OR MAKE AVAILABLE THROUGH IVOON, YOUR USE OF IVOON, YOUR VIOLATION OF THESE THE TERMS OF SERVICE, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

 

Copyright Infringement

IVOON has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on Ivoon  IVOON has adopted a policy that provides for the immediate suspension and/or termination of any Ivoon user who is found to have infringed on the rights of IVOON, or of a third party, or otherwise violated any intellectual property laws or regulations. IVOON’s policy is to investigate any allegations brought to its attention.

You acknowledge that Member Content transmitted on or through the Network may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Ivoon respects copyright law and expects you to do the same. Member Content identified as belonging to a third party can be transmitted on the Site or Service so long as you obtain permission first and the ownership and rights are clearly indicated You must not upload or present any media or content in which you do not have the appropriate rights to do so. You may be in violation of copyright laws if you do not have the appropriate rights to the media or content you upload or present on Ivoon .It is Ivoon's policy to terminate the accounts of known repeat infringers. In addition, unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the copyright holders' rights. You may not copy, reproduce, distribute, or create derivative works without being authorized to do so by law or by the copyright holder. Ivoon is not responsible for files uploaded by its users and will on request immediately remove the files in question. Once notified Ivoon will remove the files in a timely manner but is not responsible for time that the files have been on the site up until notification by the owner of the copyrighted material.

If you believe that your work, including music content, has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Ivoon's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Please provide our Agent with the following Notice:

    * Identify the copyrighted work or other intellectual property that you claim has been infringed;

    * Identify the material on the Ivoon service that you claim is infringing, with enough detail so that we may locate it on the service;

    * 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;

    * A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

    * Your address, telephone number, and email address; and

    * Your physical or electronic signature.

 

Affiliated Sites

IVOON has no control over, and no liability for any third party websites or materials. IVOON works with a number of partners and affiliates whose Internet sites may be linked with Ivoon. IVOON makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and IVOON assumes no responsibility for unintended, objectionable, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of Ivoon, you may have access to content owned by third parties. You acknowledge and agree that IVOON makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that unless expressly provided otherwise, this Agreement shall govern your use of any and all third party content.

 

Member Disputes

You are solely responsible for any disputes between you and other Members. IVOON reserves the right, but has no obligation to monitor or resolve disputes between Members.

 

Other

Inaction or failure by IVOON 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 shall be held void, invalid or inoperative by a court of law or judicial authorities, no other provision of this Agreement shall be affected as a result thereof, and accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, invalid or inoperative provision had not been contained herein.  Any cause of action arising out of or related to Ivoon and this Agreement must commence within one (1) year after the cause of action arose; otherwise such cause of action is permanently barred.  This Agreement contains the entire understanding between you and IVOON with respect to the subject matter hereof and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their Agreement. The section headings in this Agreement are solely for convenience and have no legal or contractual significance,