The In2MyHome Terms and Conditions (last updated January 2008)
Access to and use of the In2MyHome.com web site and the content and services available through the In2MyHome.com web site (“In2myhome”) is subject to the following Terms of Use Agreement (the “Agreement”).
PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE “I ACCEPT” BUTTON AND COMPLETING THE REGISTRATION PROCESS OR BY USING IN2MYHOME, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, PLEASE DO NOT COMPLETE THE REGISTRATION PROCESS OR USE IN2MYHOME.
Scope
This Agreement applies to your access to and use of In2MyHome. In2MyHome is owned and operated by In2 Networks (“Provider”). This Agreement does not apply to your use of unaffiliated sites to which Provider only links or to any sites owned or operated by In2 Networks or its affiliates.
Description of In2myhome Online
In2MyHome provides you with access to a wide array of online resources, various home management tools, various communications tools, personalized content and branded programming. In2MyHome may be accessed and used solely by the In2MyHome subscribers. Provider may terminate, modify, or temporarily discontinue In2MyHome or any of the services, features or tools available through In2MyHome at any time. You agree that Provider will not be liable for any termination, modification, or temporary discontinuance of In2MyHome.
In order to use In2MyHome, users must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any fees associated with such access. In addition, users need all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
Registration
You agree to: (a) provide true, accurate, current, and complete information about yourself on all registration forms and (b) maintain and promptly update your registration information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Provider has the right to suspend or terminate your account and refuse any and all current or future use of In2MyHome.
We are concerned about the safety and privacy of all of our users, particularly children. For this reason, parents who wish to allow their children access to In2MyHome must expressly add the children to the account and indicate the names and ages of the children upon registration. When you add your child to your account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed in your registration information. By adding a child to your account, you give your child permission to access all of the services available through In2MyHome. Please remember that In2MyHome is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the services and/or Content (as defined below) available through In2myhome Online is appropriate for your child.
Access Information
In order to access all of the content and services available through In2MyHome, you must use the user name and password issued to you by Provider (“Access Information”). You may not transfer your Access Information to any third party, and you may not permit anyone (other than family members included on your account) to access or use In2MyHome by using your Access Information. You are solely responsible for maintaining the privacy and confidentiality of your Access Information and any usage and activities that occur through use of your Access Information, whether or not you are the individual who undertakes such usage and activities. You agree to immediately notify Provider of any actual or suspected unauthorized use of your Access Information or any other breach of security.
Restrictions on Use of Content
All materials appearing on In2myhome Online, including but not limited to text, graphics, names, logos, service marks and trademarks, and information contained on any linked sites (collectively, the “Content”), are the property of Provider or the party credited as the provider of the content and are protected by United States and international copyright, trademark, and other intellectual property laws. You may access, download and print Content on In2MyHome solely for your own personal and noncommercial use, provided, however that any print-outs of any Content must include all copyright and other proprietary notices. No right, title or interest in or to any of the Content is transferred to you. You may not copy, publish, distribute, sell, display, transmit, adapt, modify, create derivative works of, or in any way exploit any Content. To request our permission, you may click the Help Me link. You must follow and observe all additional copyright notices or other restrictions contained on In2myhome Online.
Links
In2MyHome may provide, or third parties may provide, links to other World Wide Web sites. Because Provider has no control over such sites, you acknowledge and agree that Provider is not responsible for the availability of such sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services. You acknowledge and agree that Provider 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 such content, goods, or services available on or through any such site.
Member Conduct
You agree not to use In2myhome Online to:
· Upload, post, email, or otherwise transmit any content that is harmful, threatening, abusive, harassing, false, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or otherwise violates any applicable law;
· Upload, post, email, or otherwise transmit any content that is harmful to minors in any way;
· Impersonate any person or entity, including, but not limited to, any Provider 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 In2MyHome;
· 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, or 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 (such as classifieds) 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;
· Interfere with or disrupt any services available through In2MyHome or servers or networks connected to In2MyHome, or disobey any requirements, procedures, policies, or regulations of networks connected to In2MyHome;
· 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; or
· Collect or store personal data about other users.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of In2MyHome, use of In2MyHome, or access to In2MyHome.
Modifications
We reserve the right to modify this Agreement or In2MyHome at any time. You should check this Web page periodically for changes to the Agreement. Any changes to this Agreement shall be effective immediately upon posting. By using In2MyHome after we post any changes to this Agreement, you agree to be bound by those changes, whether or not you have reviewed them. If any change to this Agreement or In2MyHome is unacceptable to you, your only recourse is to terminate your use of In2MyHome.
Termination
We may terminate, at our discretion, the registration and access privileges of any user who violates any of the terms and conditions of this Agreement.
Copyright Complaints
We respect the intellectual property rights of others and require that the people who use In2MyHome do the same. In appropriate circumstances, we reserve the right to terminate the registration and access privileges of any user who uses In2MyHome to engage in copyright infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide PROVIDER’s Copyright Agent with the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. 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; 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
PROVIDER’s designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 can be reached as follows: In2 Networks, 79 West 4500 South, Murray, UT 84107.
Disclaimers
UNLESS OTHERWISE EXPLICITLY STATED, In2myhome AND ANY SERVICES, INFORMATION OR MATERIAL AVAILABLE THROUGH In2myhome IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. PROVIDER, ON BEHALF OF ITSELF, AND ITS RESPECTIVE AFFILIATES AND LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES AS TO THE QUALITY, SUITABILITY, RELIABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF (1) ANY SERVICES, INFORMATION, OR MATERIAL CONTAINED ON IN2MYHOME, (2) ANY THIRD PARTY SITE OR INFORMATION ACCESSED THROUGH IN2MYHOME, OR (3) ANY THIRD PARTY INFORMATION, PRODUCTS, OR SERVICES APPEARING ON IN2MYHOME.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES REGARDING YOUR USE OF IN2MYHOME.
Limitation of Liability
NEITHER PROVIDER, NOR ANY OF ITS LICENSORS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS OR THEIR RESPECTIVE EMPLOYEES OR AGENTS SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INABILITY TO GAIN ACCESS TO OR USE IN2MYHOME OR LOSS OF DATA, INCOME OR PROFITS) ARISING OUT OF YOUR USE OF IN2MYHOME, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), AND EVEN IF SUCH ENTITY OR INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
You agree to defend, indemnify, and hold harmless Provider, its representatives, officers, directors, and employees from all liabilities, claims, costs, and expenses, including attorneys fees, arising out of any claim or demand made by any third party that arises out of or relates to your use of In2MyHome, your posting, downloading, or transmission of any communications or material on In2MyHome or from your violation of this Agreement or any applicable law.
No Personal Advice
The information contained in or made available through Provider cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. Neither Provider nor any of its affiliated companies nor any of its or their respective licensors or suppliers make representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through Provider.
Proprietary Rights
In2MyHome, all Content, the layout and organization of the web site, and all trademarks, including but not limited to all material distributed or presented to the organization or its members through any services by Provider or its third party providers or on the linked sites, and all rights and intellectual property rights, are the sole property of Provider or its third party providers, and are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You agree to respect all proprietary rights of Provider and its third party providers in and to the Content, the organization and layout of the In2MyHome web site, and any products or services available through In2MyHome. Any comments, suggestions, or ideas or other information submitted to Provider through In2MyHome, in writing, by e-mail or otherwise will be the property of Provider and Provider will have all rights without any obligation to compensate any user.
Trademarks
Provider, the Provider logo, and other Provider logos and product and service names are trademarks or service marks of Provider (“Provider Marks”). You agree not to display or use in any manner the Provider Marks without Provider’s prior written permission.
Privacy Policy; Confidentiality of User Information
We are committed to protecting your privacy and security and have explained the steps we take to do so in our Privacy Policy. For more information, please read our privacy policy by selecting the Legal Link on the site.
Governing Law
This Agreement will be governed by and construed in accordance with the State of Utah, United States of America, where the Provider offices are located, excluding any principles of law that may direct the application of the law of another state. Except as provided in the Injunctive Relief paragraph below, any action or proceeding related to or arising out of this Agreement will be brought only in a state or federal court located in Salt Lake City, Utah and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.
Injunctive Relief
In the event you breach or threaten breach of this Agreement, you acknowledge and agree that Provider will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, Provider may apply to any court of competent jurisdiction in the United States or any other jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law paragraph above, will apply the laws of its own jurisdiction in determining whether Provider will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding Provider’s rights to relief in either law or equity.
Miscellaneous
If any terms or conditions in this Agreement are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This Agreement is the entire agreement between you and Provider relating to the subject matter it contains.
Contact
Any inquiries concerning this Agreement should be directed to the Help Me link on In2MyHome. |
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The In2MyHome Privacy Policy (last updated January 2008)
In2MyHome is committed to protecting the privacy of members of the In2MyHome community. Please read the following privacy policy to learn more about our information gathering and dissemination practices for this web site, www.In2MyHome.com (the “Site”).
Scope
This policy covers how we treat personal information collected and received through the Site. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. (NOTE: IN2MYHOME DOES NOT STORE CREDIT CARD INFORMATION, SOCIAL SECURITY NUMBERS, ETC.) This policy does not apply to the practices of companies that we do not own or control, or to people that we do not employ or manage.
Information Collection
To use all of the features and services available through the Site, you must complete a contact information registration form. On this form, we ask you to provide certain personally identifiable information about you and the other users of your account, such as names, addresses, email addresses and phone numbers. Users also are provided with unique identifiers (such as username and password) so we can provide a more personalized experience on our site.
We store collected information through server log files and/or clear gifs to create user profiles. A user profile is stored information about an individual user that details his or her viewing preferences. Consequently, collected information is tied to the user’s personally identifiable information to provide information and improve the content of the Site for the user.
Information Use
We may use personal information to communicate with you about services on the Site for which you have expressed interest or groups you have joined, and other general issues related to the maintenance and operation of the Site. Occasionally we may need to send service-related announcements; for example, if the Site is scheduled to be unavailable temporarily for maintenance, we might send you an email to let you know in advance of the scheduled downtime. We communicate on a regular basis to provide requested services and resolve account issues. We also may use personal information to personalize services and customize advertising for you.
We use aggregated information that is not traceable specifically to any individual user in order to evaluate users’ preferences, improve the Site (including the services and content available through the Site and the layout and organization of the Site) and facilitate reporting of Internet usage. User profiles may be used to tailor a user’s visit to the Site and to direct pertinent information to them.
Sharing of Information
We do not rent, sell or share information about you with unaffiliated companies or other people, except to provide products or services you have requested, when we have your permission, or under the following circumstances:
Aggregate Information: We share aggregated demographic information with partners, affiliates and with potential community sponsors. This aggregate information is not linked or traceable to any personally identifiable information about any individual user.
Legal Disclosures: We reserve the right to disclose personal information in order to comply with a court order, subpoena or other legal process, or to establish or exercise our legal rights or defend against legal claims.
Investigation of Illegal Activities: It may be necessary for us to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use Agreement or as otherwise required by law.
Business Transitions: In the event of a business transition involving In2myhome, such as a merger, acquisition by another company, or sale of assets, users’ personal information may be part of the assets transferred. Users will be notified via prominent notice on the Site prior to a change of ownership or control of their personal information.
Children
We ask that you provide certain information about the users of your account, including any children. If you add any child under age 13 to your account either upon registration or later, you agree that you thereby specifically grant us permission to collect, store, use and share information about them in accordance with the terms of this privacy policy. We will not directly contact children under age 13 about special offers or for marketing purposes without the permission of his or her parent or guardian. We will not ask a child under age 13 for more personal information, as a condition of participation, than is reasonably necessary to participate in a given activity or promotion.
Links
This privacy policy applies solely to information collected through your access to and use of this Site. However, the Site contains links to other web sites owned or operated by third parties. Please be aware that we are not responsible for the information gathering and dissemination practices of such other sites, and this privacy policy does not apply to such other sites. When you leave this Site, we encourage you to read the privacy statements of every Web site that collects personally identifiable information about you.
Cookies
In2MyHome may set and access In2MyHome cookies on your computer. In2MyHome will not access other cookies or files on your computer.
Your Ability to Edit Your Account Information and Preferences
You can edit your In2MyHome Account Information at any time.
You can delete your In2MyHome account by requesting deletion with the Help Me link on the home page.
Surveys, Contests or Polls
From time-to-time, we may request additional information via surveys, contests, or polls. Participation in these surveys, contests and polls is completely voluntary; therefore you have a choice about whether or not to participate in the survey, contest or poll and to disclose this information. The requested information will typically include contact information (such as name and address), and demographic information (such as zip code). Contact information will be used or shared with the contest or survey sponsors to notify the winners and award prizes. Anonymous survey information will be used for purposes of monitoring or improving the use and satisfaction of the Site. If we use an intermediary to conduct any surveys or polls, the intermediary will not be permitted to use your personally identifiable information for any secondary purposes other than the conduct of the survey or poll. Except as otherwise stated in this paragraph, any personally identifiable information you provide in the course of participating in a survey, contest or poll will not be not shared with third parties without your prior authorization.
Security
We take every reasonable precaution to ensure that the transmission and storage of your personal information is secure. We limit access to personal information about you to our employees and agents who we believe reasonably need to have that information in order to develop, host, manage, operate and support the Site.
Notification of Changes
If we decide to change this privacy policy, we will post those changes to this privacy policy, the homepage, and other places we deem appropriate so you are always aware of the information we collect, how we use it, and under what circumstances, if any, we disclose it. We may also email users who have opted to receive communications from us notifying them of the changes in our privacy practices. You should check this web page periodically for changes to this privacy policy. Any changes to this privacy policy shall be effective immediately upon posting. If any change to this privacy policy is unacceptable to you, your only recourse is to terminate your use of the Site.
If we would like to use your personally identifiable information in a manner not permitted by the then-current version of our privacy policy, we will request your permission for such use via email. You may in your sole discretion choose whether or not to permit us to use the information in this different manner.
Contact Information
If you have any questions or suggestions regarding this policy, please contact us at:
In2 Networks
79 West 4500 South
Murray, UT 84107 |