Terms of Use

(last modifed march 2012)

Inspiyr.com (“Inspiyr” or the “Site”) is a website operated by Inspiyr.com LLC. Inspiyr.com is made available to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein.  Using the Site, posting comments, or signing up to receive newsletters or RSS feeds constitutes your agreement to all such terms, conditions, and notices. If you do not agree to be bound by these Terms of Use, you may not use the Site or Services.

LICENSE.

In consideration of your agreement to these Terms of Use, Inspiyr.com grants to you a limited personal, non-exclusive and non-transferable revocable right and license to access the Site, the material on the Site and use the services offered by Inspiyr.com thereon (the “Services”). Unless otherwise specified in writing, the Site and Services are for your personal and non-commercial use. You may not use the Site, the material on the Site and/or the Services for any purpose that is unlawful or prohibited by these Terms of Use.  You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, reverse assemble, transfer, or sell any information, software, products or Services obtained from the Site or any of the Services. In addition, you shall not manipulate or otherwise display the Site and/or the Services by using framing or similar navigational technology, nor shall you access the Site or Services by any means other than through the standard industry-accepted or INSPIYR.COM-provided interfaces. The burden of determining that use of any information or materials obtained from the Site is permissible rests solely with you

MATERIALS PROVIDED TO INSPIYR.COM OR POSTED AT THE SITE.

By posting, uploading, inputting, providing or submitting content or images or otherwise engaging in any communication with the Site (“Submissions”) through any means, you hereby grant Inspiyr.com and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submissions; and to publish your name in connection with your Submission. The foregoing license to Inspiyr.com shall be fully paid-up and royalty free. In addition, under no circumstances shall Inspiyr.com have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submissions upon the occurrence of a transfer of all or any portion of Inspiyr.com’s business through a merger, sale or transfer of all or substantially all of the assets of Inspiyr.com, nor shall the sale of advertising on the Site give rise to any obligation to pay a fee to users.

None of the Submissions disclosed or posted via the Site and Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Inspiyr.com’s part and Inspiyr.com is not liable for any use or disclosure of any such Submissions.

By posting, uploading, inputting, providing or submitting Submissions you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to grant the rights set forth herein to Inspiyr.com and provide, post, upload, input or submit the Submissions to the Site and Services.

Inspiyr.com is under no obligation to post or use any Submission you may provide and Inspiyr.com may edit, refuse to post, and remove any Submission at any time in its sole discretion.

INSPIYR.COM’S CONTENT, FACTS, AND OPINIONS.

Inspiyr.com and the content contained therein is provided for general information and entertainment purposes only. Content may not be reviewed or moderated by the Site and reflect the views and opinions of the authors and posters and do not reflect the opinions of Inspiyr.com or any of its subsidiaries or affiliates. Inspiyr.com expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice; information or statement made or displayed in the Site or Services, nor is Inspiyr.com responsible for any errors or omissions in postings, or for hyperlinks embedded in any postings or messages. You understand that by using the Site and Services You may be exposed to content that you find offensive, indecent or objectionable. Under no circumstances will Inspiyr.com, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through the Site and Services.

INSPIYR.COM PRIVACY POLICY AND RIGHT TO DISCLOSE.

These Terms of Use incorporate by this reference the Inspiyr.com Privacy Statement.  Please see the Privacy Policy located at http://www.inspiyr.com/privacy-policy for disclosures relating to the collection and use of your information.  Please note that Inspiyr.com reserves the right to disclose any information it deems necessary to satisfy any applicable law, rule, regulation, governmental request or legal process. 

MODIFICATION OF THESE TERMS OF USE.

Inspiyr.com reserves the right to modify these Terms of Use at any time. Material modifications shall be effective immediately upon notice, such notice to be provided as determined in Inspiyr.com’s discretion. Your use of the Site and/or any of the services after notice of such modifications have been published constitutes your acceptance of such modifications and your agreement to be bound by them. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the Site.

REGISTRATION.

To access certain Services you may be asked to complete the registration process as prompted by the applicable registration form. You then will be required to choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Inspiyr.com immediately of any unauthorized use of your account or any other breach of security. Inspiyr.com will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Inspiyr.com or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

TERMINATION/ACCESS RESTRICTION/NO OBLIGATION TO POST.

Inspiyr.com reserves the right, in its sole discretion, to terminate your access to the Site or any of the Services and the related services or any portion thereof at any time, without notice. Inspitr.com may also terminate or suspend your access to the Site or the Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Inspiyr.com. INSPIYR.COM has no obligation to monitor the Services. However, INSPIYR.COM reserves the right to review materials posted to a Service and to remove or alter any materials in its sole discretion at any time for any reason.

NO UNAUTHORISED OR UNLAWFUL USE.

As a condition of your use of the Site and Services, you will not use the Site or Services for any purpose that is unlawful or prohibited by these Terms of Use and notices. By way of example and not limitation, you may not use the Site or Services in connection with:

  • The transmission of unsolicited e-mail,
  • In any manner which could damage, disable, overburden, or impair the Web Site or any of the Service(s) (or the network(s) connected to the Site and Service(s)) or interfere with any other party’s use and enjoyment of the Site and Service(s).
  • Registration, subscription, attempt to register, attempt to subscribe,  or attempt to unsubscribe, any party for the Site or any Service if you are not expressly authorized by such party to do so.

USE OF SERVICES.

The Site and Services may contain e-mail services, and/or other message or communication facilities designed to enable you to communicate with others. You agree to use these communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular communication Service. You are solely responsible for your own posts and comments and agree to access and use the Site and Services at your own risk on an  as-is-basis. Your postings should be truthful and accurate.  By way of example, and not as a limitation, you agree that you will not make any postings that involve any of the following and when using a communication Service, you will not:

  • Use the communication Service or post a Submission in connection with surveys, contests, pyramid schemes, securities for sale, barter or exchange, advertising, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other textual, graphical or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Personally attack the author of a post.
  • Restrict or inhibit any other user from using and enjoying the communication Services.
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity. 
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable local, state, national or international law or regulation.

CONTENT AND AVAILABLE THROUGH THE SITE AND SERVICES

You acknowledge and agree that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Inspiyr.com or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you by advertisers on the Site or in the Services (whether Concerning Inspiyr.com, the Services or otherwise) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, including international treaty provisions.

Inspiyr.com respects the intellectual property of others, and we ask you and all of our users to do the same. Inspiyr.com may remove content from the Web Site, the Services that violates these policies and/or disable and/or terminate the accounts of users who may violate our policies.

Copyright Policy.

Pursuant to 17 USC Section 512 as amended by Title II of the Digital Millennium Copyright Act  (“DMCA”), the Site has instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA.  If you believe your copyrights are being infringed, by using the Notice of Infringement Form below and mail it to Inspiyr.com.

The Notice of Infringement contains requested information that substantially complies with the safe harbor provisions of the DMCA providing that to be effective under subsection 512 ( c) (3) (A), a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of a copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works at that Site.
  • Identification of the material that is claimed to be infringing or to be a 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.
  • Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number and if available, an electronic mail address at which the complaining party may be contacted.
  • A Statement that the complaining party has a good faith belief that us of the material in a manner complained of is not authorized by the copyright holder, its agent or the law.
  • A statement that the information in the notification is accurate and under penalty of perjury, that he complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Notification from a copyright owner of from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge of an awareness of facts or circumstances from which infringing activity is apparent.

Please mail to Inspiyr.com a separate Notice of Infringement each time you would like to report alleged acts of infringement.

LINKS TO THIRD PARTY SITES.

The Site may contain links to third party web sites, including advertiser web sites and social media platforms and sites (the “Linked Sites”). The Linked Sites are not under the control of Inspiyr.com and Inspiyr.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Inspiyr.com is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Inspiyr.com responsible if the Linked Site is not working appropriately. Inspiyr.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Inspiyr.com of the site or any association with its operators. Inspiyr.com is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the Site or Services or participation in promotions offered by third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Inspiyr.Com shall not be responsible or liable for any part of any such dealings or promotions.

INDEMNIFICATION.

You agree to indemnify and hold Inspiyr.com, its parents, subsidiaries, affiliates, officers, employees, agents and representatives harmless from any claim, demand, or damage, including reasonable attorneys’ fees, due to or arising out of your use of or conduct on the Site and/or Services, including but not limited to any allegation that any materials, comments, posts  that you submit to Inspiyr.com or post in any  Service infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party. Inspiyr.com reserves the right to disclose any personal information about you or your use of the Site and Services, including its contents, without your prior permission if Inspiyr.com has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Inspiyr.com or its affiliated companies; (3) enforce the Site’s Terms of Use; or (4) act to protect the interests of its users, posters, licensees or others. Inspiyr.com performance hereunder is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Inspiyr.com right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site and/or Services or information provided to or gathered by Inspiyr.com with respect to such use.

LIABILITY DISCLAIMER.

THE INFORMATION, CONTENT AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE INSPIYR.COM SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. ADVICE OR OPINIONS RECEIVED VIA THE INSPIYR.COM SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. THE SITE IS NOT AN INTERMEDIARY, BROKER/DEALER, INVESTMENT ADVISOR, OR EXCHANGE AND DOES NTO PROVIDE SUCH SERVICES

INSPIYR.COM AND/OR ITS RESPECTIVE SUPPLIERS AND LICENSEES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SITE AND SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. INSPIYR.COM AND/OR ITS RESPECTIVE SUPPLIERS AND LICENSEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT INSPIYR.COM SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR ANY SERVICE. YOU SPECIFICALLY AGREE THAT INSPIYR.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT INSPIYR.COM IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN ANY SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL INSPIYR.COM AND/OR ITS SUPPLIERS OR LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INSPIYR.COM OR ANY OF ITS SUPPLIERS OR LICENSEES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

INTEGRATION.

These Terms of Use constitutes the entire agreement and understanding between you and INSPIYR.COM and governs your use of the Site and the Services, superseding any prior agreements between you and INSPIYR.COM (including its affiliates and predecessors in interest).

CHOICE OF LAW AND JURISDICTION.

These Terms of Use and the relationship between you and Inspiyr.com shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You and Inspiyr.com irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York, in the State of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

GENERAL.

The failure of Inspiyr.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of User are found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed here from and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use are not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign these Terms of Use to any third party whom we choose without your consent. No waiver by Inspiyr.com of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

Inspiyr.com makes no representation or warranty that the content and materials on the Site and/or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Site or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Inspiyr.com reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.