TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. iSPYCINCY.com is provided by ISPY MEDIA LLC and/or its affiliates and subsidiaries for your and others’ personal, non-commercial enjoyment, subject to the terms of these Terms and Conditions of use, any and all modifications thereto, and the rules that may be published from time to time by iSPYCINCY (“Terms and Conditions”). By using this Web Site, you are deemed to have agreed to these Terms and Conditions. iSPYCINCY may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on iSPYCINCY.com. By using this Web Site after we post any changes, you agree to accept those changes, whether or not you have actually reviewed them. If at any time you choose not to accept these Terms and Conditions, please discontinue use of this site.

Article I. User Conduct

This Web Site, email distribution and any communications service, including the capability to contribute content material ideas or any other ideas by email or by use of a contribution form (each such submission, a “Contribution”), chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the “Services”) are provided to you solely for entertainment purposes. By using the Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, iSPYCINCY reserves the right to terminate your subscription and refuse any and all current or future use of the Services in its sole discretion.

Without limitation of the foregoing, you agree to not use the Web Site or Services to:

1. Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
2. “Stalk” another;
3. Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. Harm minors in any way;
5. Impersonate any person or entity, including, but not limited to, a iSPYCINCY official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
6. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;
7. Upload, post, publish, email, reproduce, distribute 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);
8. Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
9. Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
10. Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, 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 or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
11. Act in a manner that negatively affects other users’ ability to engage in the Web Site or the Services;
12. Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or the Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
13. 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; or
14. Intentionally or unintentionally violate any applicable local, state, national or international law.

You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

You acknowledge that iSPYCINCY is not responsible for material submitted to iSPYCINCY or posted to the Web Site by users. iSPYCINCY and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in iSPYCINCY’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. iSPYCINCY is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to iSPYCINCY. You agree to immediately notify iSPYCINCY of any unauthorized use of the Service or any other breach of security known or suspected by you.

Article II. Access To Password Protected/Secure Areas.

Access to and use of password protected and/or secure areas of the Web Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution. If you use the Web Site or Services, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify iSPYCINCY immediately of any unauthorized use of your account or any other breach of security.

Article III. Restrictions on Use of Material

The content on this Web Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from iSPYCINCY (and from all other entities with an interest in the relevant intellectual property) are you permitted to publish, display or commercially exploit any material from the Web Site. To seek permission, you may write to iSPYCINCY at the address provided below. If permission is granted by iSPYCINCY and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.

You must abide by all additional copyright notices or other restrictions contained on the Web Site.

Article IV. User’s Grant Of Limited License

By communicating with iSPYCINCY, including submitting or sending Content, a Contribution or other information or material to iSPYCINCY, you grant iSPYCINCY the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into an iSPYCINCY or Web Site feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or any portion thereof, or other communication to iSPYCINCY.

You also warrant that any “moral rights” in posted materials have been waived.

Article V. Linked Sites

The Web Site and Services may contain certain links to third parties’ Web Sites (“Linked Sites”) from the iSPYCINCY Web Site. Linked Sites are not, however, reviewed, controlled, or examined by iSPYCINCY in any way and iSPYCINCY is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply iSPYCINCY’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall iSPYCINCY be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. iSPYCINCY reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.

Permission must be granted by iSPYCINCY for any type of link to the Web Site or any iSPYCINCY Content. To seek permission, you may write to iSPYCINCY at the address listed below. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion at any time.

Article VI. Contests, Promotions, Simulations or Games

From time to time, iSPYCINCY may offer as part of the Services, either on or through the Web Site, contests, promotions, simulations or games (collectively, “Promotions”). To participate in Promotions, users may be required to complete a registration form. Upon submission, all registrations become the exclusive property of iSPYCINCY. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Promotion, unless the description of the Promotion expressly invites a user to register multiple times. iSPYCINCY, at its sole discretion, may suspend or revoke the registration of any Registered User.

Registered Users agree to release iSPYCINCY and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Promotion located on, or accessed through, the Web Site. iSPYCINCY is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Promotion.

Each Registered User agrees to be bound by the rules of any Promotion and by the rules of fair play and consideration of fellow Registered Users. A Registered User who violates any of the rules or guidelines for behavior published on the Web Site, or the site where the Promotion is conducted, is subject to immediate disqualification and revocation of their registration. iSPYCINCY is under no obligation to award any prize to any Registered User who violates a published rule or guideline.

Some Promotions may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with respect to that Promotion.

iSPYCINCY reserves the right to cancel, terminate or alter any Promotion or the rules thereof at any time without prior notification.

Article VII. Intellectual Property Rights

All materials contained in this Web Site and the Services are the copyrighted property of iSPYCINCY and its affiliates or licensors. As between iSPYCINCY and you, iSPYCINCY is the sole owner of all content on the Web Site and the Services, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site, the Services or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

Article VIII. Privacy Policy

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.

Article IX. Limitation Of Liability

IN NO EVENT WILL ISPYCINCY, ITS OFFICERS, DIRECTORS, MEMBERS EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE OR SERVICES, EVEN IF ISPYCINCY OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE OR SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ISPYCINCY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Article X. Indemnification

Upon a request by iSPYCINCY, you agree to defend, indemnify and hold iSPYCINCY, its affiliates, officers, directors, members and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Web Site or Services, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions or the rights of a third party by you. iSPYCINCY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with iSPYCINCY in asserting any available defense.

Article XI. Copyrights

iSPYCINCY respects the intellectual property rights of others, and requires that the people who use the Web Site and Services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the address listed below:

1. Your username, address, telephone number, and email address;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the alleged infringing material is located;
4. 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;
5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
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 owner or authorized to act on the copyright owner’s behalf.

ISPY MEDIA LLC
PO BOX 428837
Cincinnati, OH 45242

For any and all other inquiries please email info@ispycincy.com

Thank you for taking the time and interest to review our policies at iSPYCINCY. Please continue to enjoy the information we bring you.