Updated on: October 7, 2011
IEG Nation (“IEG” or “IEG Nation.com” or “we,” “our” or “us”) owns or controls, and provides access to the IEG Nation.com website, at the url www.iegnation.com and related properties (the “Website”), the IEG Nation.com client software, the IEG Nation.com widget, the IEG Nation.com API and all proprietary services, software, data and materials accessed via the Website (the “Services”). The Website and the Services are referred to together in these Terms as the “Properties.”
THESE TERMS GOVERN YOUR USE OF THE PROPERTIES.
These Terms apply to the Properties and not to any other website or any offline activities of IEG Nation.com (unless specifically stated). By accessing or using the Properties, registering for or receiving Services offered on the Website, or by accepting, uploading, submitting or downloading any information or content from or to the Website, you irrevocably agree to be bound by these Terms.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE PROPERTIES.
1. Changes to the Properties and the Terms
We reserve the right to add, delete, change or modify parts of these Terms at our sole discretion and at any time without notice to you. If we do this, we will post the changes on this page and will indicate the effective date of the changes at the top of the page. It is important for you to refer to these Terms from time to time to make sure that you are aware of any additions, revisions or modifications that we may have made to these Terms. Your continued use of the Website constitutes your acceptance of any new Terms.
2. Description of the Website and Services
Access to the Website currently provides users with access to the Services and a rich collection of online resources, including online forums, personalized content, interactive advertising messages, proprietary software (including updates, patches and new versions), audio, videos and other community and entertainment products. Unless explicitly stated otherwise, any new features which may be added to the Website or the Services, including without limitation, the release of new IEG Nation.com services and software, are subject to these Terms.
In some instances, these Terms and a separate end user license or similar agreement may apply to a service or product offered by IEG Nation.com via the Properties. We may add, change, remove, suspend or discontinue any aspect of the Website and/or the Services at any time without notice. We may also impose limits on certain features and/or restrict access to parts of or all of the Properties without notice or liability to you or any other party.
In order to use the Website, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with that access. In addition, you must provide all equipment necessary to make the connection to the Internet, including a computer and modem or other access device.
3. Intellectual Property Ownership; License
The past, present and future content of the Properties, including, without limitation, software graphics, text, photographs, images, audio, videos, designs, compilations, databases, targeting information, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyright material (including source and object code); and all other materials related to the Properties, including without limitation, the “look and feel” of the Website (collectively, “Content”) are protected by applicable copyrights, trademark rights, database rights and other proprietary (including, but not limited to, intellectual property) rights and are the property of IEG Nation.com, its parent, subsidiaries, affiliates or licensors. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by IEG Nation.com, no rights (either by implication, estoppel or otherwise) in or to the Content are granted to you.
The copying, reproduction, re-arrangement, sale, leasing, renting, lending, distribution, redistribution, modification or adaptation, downloading, sideloading, exchanging, creating of derivative works, uploading, posting, transmitting, communication to the public or publication by you, directly or indirectly, of the Content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You shall abide by any and all additional notices, information or restrictions regarding the Properties contained in any part of the Website. Exploiting any part of the Properties for a purpose that is not permitted by these Terms is expressly prohibited without prior written permission from IEG Nation.com or the applicable intellectual property rights holder as identified on the Website.
Subject to your strict compliance with these Terms, IEG Nation.com grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to:
1. listen to music and view videos streamed from the Website, powered by vimeo.com, youtube.com and participate in the IEG Nation.com community areas;
2. create a IEG Nation.com profile page for non-commercial and private use only;
3. communicate with other members of the IEG Nation.com community; and
4. embed and display IEG Nation.com content on your own personal website or other external website.
5. retain and not alter or tamper with any trademark, copyright and other proprietary or legal notices contained in the original Content or any permitted copy you may make of the Content;
7. not insert any code, product or material to manipulate the Content in any way that affects any user’s experience;
8. copy or seek to copy or “rip” any audio and/or audiovisual content from the Website or any part of the Service (including, without limitation, the IEG Nation.com widget or video player);
9. not embed or otherwise exploit the IEG Nation.com widget or video player for commercial gain (which includes, for example and without limitation, selling advertising on your site or otherwise monetizing any element of your site which contains the IEG Nation.com widget); and
10. not adapt, copy, republish, communicate to the public, display, transfer, share, distribute or otherwise exploit the Content, except as under these Terms.
IEG Nation.com shall be responsible for determining, in its sole discretion, whether any use of the IEG Nation.com content constitutes commercial use in each case.
4. Links to Other Websites
5. Acceptable Use
You will not use the Properties to:
1. upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:
1. any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of IEG Nation.com, its parent, subsidiaries or affiliates), anything that adversely affects IEG Nation.com such as discouraging any person or entity from advertising with, linking to or supplying IEG Nation.com, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in IEG Nation.com’s sole discretion;
2. information, software, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, rights management information or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right;
3. material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, adware, malware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user’s uninhibited use and enjoyment of the Properties, interferes with, overburdens, impairs or disrupts the Properties or servers or networks connected to the Properties, or disobeys any requirements, procedures, policies or regulations of networks connected to the Properties;
4. information or material of any kind that is false or misleading or that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Website, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to or from the Website; or
5. any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation.
2. encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity.
3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges on the Website;
5. stalk, abuse, sexually exploit, violently exploit, groom, act violently toward, threaten or otherwise harass another user;
6. use or attempt to use another’s information, account, password, service or system except as expressly permitted;
7. solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users, including without limitation, through such means as spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website; and
8. undertake any commercial purpose or activity without the prior written consent of IEG Nation.com, including, for example and without limitation, inserting your own or a third party’s advertising, branding or promotional content into any of the Website’s or Properties’ content, materials or services (for example, without limitation, in an RSS feed or a podcast received from IEG Nation.com or otherwise available through the Properties).
You represent and warrant that you will comply with the above Acceptable Use requirements. IEG Nation.com reserves the right, in its sole discretion, to terminate any user’s account or take such other action as IEG Nation.com sees fit to any user who breaches IEG Nation.com’s acceptable use policy or any of the other terms set forth herein. In extreme cases or as required by law or regulation, IEG Nation.com reserves the right to take court action and/or report users to the relevant authorities. IEG Nation.com believes in building a caring community based around sharing music and will not tolerate antisocial or unlawful behavior on the Website or in connection with any of the Properties.
6. User Accounts, Additional Terms, End User License Agreements & Subscriptions
If you choose to provide information to the Website, you shall provide only true, accurate, current and complete information. If you create a user account, you accept responsibility for all activities that occur under your account or password, if any, and you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Website or other Properties using your name, user name or password in whole or in part.
IEG Nation.com may decide to run competitions, promotions, prize draws and other opportunities on the Website and these will be governed by a separate set of rules or terms and conditions. A link to these rules or terms and conditions will be found on the Website, alongside details of the specific competition, promotion, prize draw and other opportunities. It is your responsibility to read those rules and terms and conditions for details about the terms that shall apply and any eligibility requirements.
8. Software or Third Party Services
Any software or third party service that we make available for download or use from the Website and/or our servers (“Software”) is the intellectual property of IEG Nation.com, its licensors or suppliers. “Software” shall be considered a “Service” or one of the “Properties” as those terms are defined and used herein. Your use of Software may be governed by the terms of an end user license agreement that may accompany or that may be included with Software (the “Licence Agreement”).
9. Digital Millennium Copyright Act Notice and Policy
1. If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated Copyright Agent to receive notifications of claimed infringement is: Eric Ward, Director of Digital; email: email@example.com; fax: 646-654-4681. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service through firstname.lastname@example.org. If you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
2. Counter-Notice. If you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user submission, you may send a counter-notice containing the following information to the Copyright Agent:
1. your physical or electronic signature;
2. identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York County, NY, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
10. Third Party Content and Information
The Properties contain Content and information that is provided for your convenience and enjoyment. Third parties provide some of the Content and information. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information and inadequacies and that the Content may be subject to terms and conditions, which may be found on the Website or in the documents and policies of third parties. IEG Nation.com makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing.
In addition, third party advertisers or commercial partners may offer goods, services and other materials to you on the Website. Your correspondence and business dealings with others found on or through the Website including, without limitation, the payment and delivery of products and services, the delivery of videos or other content, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the relevant third party. IEG Nation.com will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on the Website. Under certain circumstances, we may permit third party users to upload content, in which event you, at your own risk, may be exposed to offensive, indecent or objectionable content.
Descriptions of, or references to, products, services or publications within the Website do not imply endorsement of that product, service or publication.
11. Information You Submit
From time to time, the Properties may contain functionality through which you can upload or submit information, data, software, messages, photographs, audio, video, text and other materials to, through or on the Website (“Your Upload Information”). For example, the Website may offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas (“User Forums”). IEG Nation.com, its parent, subsidiaries or affiliates or the directors, officers, employees, or other representatives of each of them do not endorse the content posted in User Forums. IEG Nation.com reserves the right, but is not obligated, to delete, move or edit Your Upload Information, in whole or in part, submitted by you to a User Forum for any reason in their sole discretion. IEG Nation.com reserves the right to suspend or terminate your access to the Website and pursue all legal remedies if we believe your Upload Information infringes another’s rights or otherwise violates any law, rule or regulation. You are prohibited from accepting payment for Your Upload Information from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in Your Upload Information.
All of Your Upload Information is your sole responsibility. This means that you, and not IEG Nation.com, are entirely responsible for all of Your Upload Information that you upload, post, e-mail, transmit or otherwise make available via the Website. IEG Nation.com actively discourages you from uploading information or content (including photographs) about your friends or other people without their express prior consent. If you post personal information in User Forums or on other publicly available areas of the Website, then you may receive unsolicited messages from third parties. IEG Nation.com cannot ensure the security of any information you post in User Forums or on publicly available areas of the Website. Under no circumstances will IEG Nation.com be liable in any way for any of Your Upload Information including, but not limited to, any errors or omissions in Your Upload Information, or for any loss or damage of any kind incurred as a result of Your Upload Information.
Neither IEG Nation.com, nor any other entity undertakes any obligation to pre-screen Your Upload Information, but that we have the right, in our sole discretion to monitor, modify, transmit over various networks, refuse, move, block access to or remove any of Your Upload Information. You must evaluate, and bear all risks associated with, the use of any of Your Upload Information including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Upload Information. Since IEG Nation.com may not pre-screen user generated content, you bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in Your Upload Information.
12. Disclaimer of Warranties
THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BILLBOARD.COM AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE PROPERTIES; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE PROPERTIES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE PROPERTIES; (D) THE MESSAGES, CONTENT AND INFORMATION SENT FROM OR THROUGH THE PROPERTIES BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL OR DATA TRANSMITTED BY USERS TO THE PROPERTIES; (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PROPERTIES OR ANY LINKED SITE. BILLBOARD.COM DOES NOT WARRANT THAT THE PROPERTIES, ANY OF THE PROPERTIES’ FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PROPERTIES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BILLBOARD.COM DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE PROPERTIES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, BILLBOARD.COM SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. BY USING ANY OF THE FEATURES OF THE PROPERTIES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE, THE SERVICES OR THE CONTENT. FURTHER, BILLBOARD.COM AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
BILLBOARD.COM, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE IN ANY EVENT FOR THE USE OF THE WEBSITE OR OTHER PROPERTIES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE DISCLAIMER MAY NOT APPLY TO THE EXTENT THE LAW OF SUCH JURISDICTION IS APPLICABLE TO THIS AGREEMENT.
YOUR USE OF THE PROPERTIES IS ENTIRELY AT YOUR OWN RISK.
13. Limitation of Liability
THE BILLBOARD.COM ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF THIS THE PROPERTIES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE PROPERTIES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PROPERTIES OR THE CONTENT.
YOU RECOGNIZE AND CONFIRM THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF BILLBOARD.COM’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY BILLBOARD.COM AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY BILLBOARD.COM WEB SITE, SERVICES, PROPERTIES, PRODUCT, PROGRAM, MUSIC, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
You hereby release IEG Nation.com, its parents, subsidiaries, affiliates, sponsors and advertisers, and their respective owners, officers, managers, members, agents and employees from any liability in connection with, and shall indemnify, defend and hold all of them harmless with respect to, any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with these Terms, including, without limitation: (a) your use of the Properties; (b) your violation of these Terms or any law, rule or regulation; (c) your use of the Content; or (d) your placement or transmission of any of Your Upload Information or any other content or materials on or through the Properties. You will cooperate as fully and reasonably as required by IEG Nation.com in the defense of any claim. Notwithstanding the foregoing, IEG Nation.com retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against IEG Nation.com and in no event shall you settle any claim without IEG Nation.com’s prior written approval.
15. Governing Law
Any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Website or Service are incorporated by this reference into these Terms for all purposes.
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Properties and the Content, including, without limitation, those governing your transmission or use of any software or data.
Nothing in these Terms are intended to confer on any third party (whether referred to in the Terms by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of these Terms.
IEG Nation.com will determine your compliance with these Terms in its sole discretion. IEG Nation.com reserves the right to restrict, suspend, deny or terminate access to all or part of the Website or any Service and to deny access to any person in its sole discretion without notice or liability of any kind. IEG Nation.com maintains a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights. Any violation of these Terms may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by IEG Nation.com, you must destroy all materials obtained from the Properties and all related documentation.