Triz Journal User Agreement / Terms of Service - old
Welcome to The Triz Journal. We look forward to your involvement with our website. Before you begin using our service, please take a moment to review the following.
1. ACCEPTANCE OF TERMS
Welcome to The Triz Journal. The Triz Journal provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. Please read this page carefully. If you do not accept the TOS stated here, do not use this website and service. By using this website, you are indicating your acceptance to be bound by the terms of these TOS. Triz-Journal.com, a division of Web X.0 Media (the “Company”) may revise these TOS at any time by updating this page. You should visit this page periodically to review the TOS, because they are binding on you. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this website for any reason.
2. DESCRIPTION OF SERVICE
The Triz Journal currently provides users with access to a rich collection of online resources, including, but not limited to, various communications tools, online discussion forums, shopping services, career services, personalized content and branded programming through its marketplace (the “Service”). You understand and agree that the Service is provided “AS-IS” and that The Triz Journal assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Triz Journal has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Triz Journal has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not The Triz Journal, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. The Triz Journal does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will The Triz Journal be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, arassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. impersonate any person or entity, including, but not limited to, an The Triz Journal official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
d. 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, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
f. 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 shopping rooms) that are designated for such purpose;
g. 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;
h. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. 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;
k. collect or store personal data about other users.
You acknowledge that The Triz Journal does not pre-screen Content, but that The Triz Journal and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, The Triz Journal and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by The Triz Journal or submitted to The Triz Journal, including without limitation information in The Triz Journal Forum, The Triz Journal Clubs, and in all other parts of the Service.
You acknowledge and agree that The Triz Journal may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of The Triz Journal, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
7. PUBLIC CONTENT POSTED TO The Triz Journal
(a) For purposes of the TOS, “publicly accessible areas of the Service” are those accessible by the general public. By way of example, a publicly accessible area of the Service would include public The Triz Journal Clubs, the the The Triz Journal Discussion Forum, but would not include private The Triz Journal Clubs, private information posted on the Job Shop career area or private The Triz Journal communication services such as The Triz Journal Mail.
(b) With respect to Content you elect to post for inclusion in publicly accessible areas of The Triz Journal or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant The Triz Journal and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant The Triz Journal and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The Triz Journal or its affiliates for all claims resulting from content you supply. The Triz Journal has the right but not the obligation to monitor and edit or remove any activity or content. The Triz Journal takes no responsibility and assumes no liability for any content posted by you or any third party.
(c) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant The Triz Journal and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The Triz Journal and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The Triz Journal or its affiliates for all claims resulting from content you supply. The Triz Journal has the right but not the obligation to monitor and edit or remove any activity or content. The Triz Journal takes no responsibility and assumes no liability for any content posted by you or any third party.
You agree to indemnify and hold The Triz Journal, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS or your violation of any rights of another.
9. NO RESALE OF SERVICE
The Triz Journal grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Triz Journal. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; or any use of data mining, robots or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Triz Journal. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of The Triz Journal and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing The Triz Journal’s name or trademarks without the express written consent of The Triz Journal. Any unauthorized use terminates the permission or license granted by The Triz Journal. You are granted a limited, revocable and nonexclusive right to create a hyperlink to The Triz Journal so long as the link does not portray The Triz Journal, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any The Triz Journal logo or other proprietary graphic or trademark as part of the link without express written permission.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that The Triz Journal may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on The Triz Journal’s servers on your behalf and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that The Triz Journal has no responsibility or liability for the deletion or failure to store any personal information, messages and other communications, or other Content maintained or transmitted by the Service. You acknowledge that The Triz Journal reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that The Triz Journal reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. MODIFICATIONS TO SERVICE
The Triz Journal reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Triz Journal shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that The Triz Journal, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if The Triz Journal believes that you have violated or acted inconsistently with the letter or spirit of the TOS. The Triz Journal may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that The Triz Journal may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that The Triz Journal shall not be liable to you or any third-party for any termination of your access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that The Triz Journal shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Websites or resources. Because The Triz Journal has no control over such sites and resources, you acknowledge and agree that The Triz Journal is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Triz Journal 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 or resource.
15. The Triz Journal’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by The Triz Journal or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
The Triz Journal grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by The Triz Journal for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Triz Journal EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. The Triz Journal MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Triz Journal OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Triz Journal SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF The Triz Journal HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
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 LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 16 and 17 again as they apply to you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. The Triz Journal shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
21. TRADEMARK INFORMATION
The Triz Journal, the The Triz Journal logo, Triz-Journal.com, the Triz-Journal.com logo and other The Triz Journal logos and product and service names are trademarks of The Triz Journal Inc. (the “The Triz Journal Marks”). Without The Triz Journal’s prior permission, you agree not to display or use in any manner, the The Triz Journal Marks. The Triz Journal’s trademarks and trade dress may not be used in connection with any product or service that is not The Triz Journal’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Triz Journal. All other trademarks not owned by The Triz Journal or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Triz Journal or its subsidiaries. “Six Sigma” is a registered trademark of Motorola, Inc.
22. COPYRIGHTS AND COPYRIGHT AGENTS
All content included on this site, such as text, graphics, logos, button, icons, images, video clips, audio clips, digital downloads, data compilations, and software, is the property of The Triz Journal or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of The Triz Journal and protected by U.S. and international copyright laws. All software used on this site is the property of The Triz Journal or its software suppliers and protected by United States and international copyright laws.
The Triz Journal respects the intellectual property of others, and we ask our users to do the same. Pursuant to Title II of the Digital Millennium Copyright Act, if you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Triz Journal’s Copyright Agent the following information:
* an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
* a description of the copyrighted work that you claim has been infringed;
* a description of where the material that you claim is infringing is located on the site;
* your address, telephone number, and email address;
* 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, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Triz Journal’s Copyright Agent for Notice of claims of copyright infringement on its site can be reached by email at:
Triz-Journal.com, Web X.0 Media
Office of the General Counsel
321 High School Road NE Suite D3-281
Bainbridge Island, WA 98110
23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and The Triz Journal and govern your use of the Service, superceding any prior agreements between you and The Triz Journal. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and The Triz Journal shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and The Triz Journal agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kitsap, Washington. The failure of The Triz Journal to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our General Counsel, as listed above.