Terms of Use

These terms and conditions, together with our Privacy Policy govern your use of iWAREit.com (“iWAREit”). By using this web site (collectively called the “Service”), you consent and agree to these terms and conditions.

Use of RSS Feeds

RSS (really simple syndication) service is a means by which iWAREit (iWAREit Site) offers feeds of story headlines in XML format (“RSS Content”) to visitors to iWAREit.com who use RSS aggregators. These Terms of Use govern your use of the RSS service.

(a) Our RSS Feed

RSS is a free service offered by iWAREit to individuals for private, non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited. You must use the RSS feeds as provided by iWAREit, and you may not edit or modify the text, content or links supplied by iWAREit. To request permission for a particular use not permitted by these Terms of Use, please email iWAREit.

(b) Link to Content Pages

The RSS service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on the iWAREit Site. You may not display the RSS Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable iWAREit site web page (No frames, lightbox style pop-ups or iframes.). You may not insert any intermediate page, splash page or other content between the RSS link and the applicable iWAREit Site web page.

(c) Ownership/Attribution

iWAREit retains all ownership and other rights in the RSS Content, and any and all iWAREit logos and trademarks used in connection with the RSS Service. You must provide attribution to the appropriate iWAREit website in connection with your use of the RSS feeds. Attribution must appear in the form of Source: iWAREit.com or an appropriate iWAREit website logo. If you provide this attribution using a graphic, you must use the appropriate iWAREit website’s logo available at:

(d) Right to Discontinue Feeds

iWAREit reserves the right to discontinue providing any or all of the RSS feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the RSS feeds for any reason including, without limitation, your violation of any provision of these Terms of Use. iWAREit assumes no liability for any of your activities in connection with the RSS feeds or for your use of the RSS feeds in connection with your website.

Copyright

iWAREit, iWAREit.com, “iWAREit” the name and its Services are protected by Copyright as a collective work and/or compilation. Information, compilations of information, graphics and other material (“Content”) of the Service is copyright iWAREit.com ©2010 iWAREit, Inc. Unless otherwise explicitly stated by iWAREit, you may copy the Content only for your own personal use, provided that you maintain all copyrights and other notices that are contained in the Content, but you may not otherwise download or store Content. Except as allowed by copyright laws, no copying, storage, publication, or redistribution of any Content is permitted without the express written permission of iWAREit, Inc.

Claims of Copyright Infringement

If you believe that this site contains material which infringes upon your copyrighted work, please submit the following information to our designated copyright agent: Christopher Matthews, Email

A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
A description of the copyrighted work that you claim has been infringed upon;
A description of the location on this site of the work that you claim infringes the copyrighted work;
Your contact information, including address, telephone number and e-mail address;
A statement that you have a good faith belief that the use of the alleged infringing material is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the information submitted above is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.

Submit the information above to the following designated copyright agent:
Name: Christopher Matthews Email

This contact information is only for reporting copyright infringement. Contact information for other matters is provided elsewhere on this site.

Correspondence received and Communication

iWAREit reserves the right to use as it sees fit any and all information or correspondence sent to it or its current or future Services via email, letters, phone, or any electronic or other means of communication. You acknowledge that any communication with or transmission to iWAREit may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and iWAREit.

You represent, warrant, and covenant that you shall not upload, post, distribute or transmit through iWAREit any information that (i) restricts or inhibits any other user from using or enjoying iWAREit, (ii) in iWAREit’ discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or violate the law, (iv) violates, plagiarizes, or infringes on the rights of third parties, (v) contains a computer virus or other harmful component, or (vi) constitutes or contains false or misleading indications of origin or statements of fact.

Disclaimer; No Warranty

iWAREit makes no representations or warranties as to the accuracy of the Content. iWAREit is not liable for omissions or typographical errors contained in the Content. You acknowledge that any reliance upon any Content shall be at your own risk. If a party for whom Content has been published discovers an error or omission in the Content, it is that party’s obligation to notify iWAREit of the error or omission; however, iWAREit does not warrant that such error or omission will be corrected.

All transactions made based on information from the Service are solely between you and the Vendor. Your sole rights and remedies shall be against the Vendor. By using the Service, you acknowledge and agree that iWAREit has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Service.

You agree to indemnify, defend, and hold harmless iWAREit and any of its officers, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys’ fees, and costs incurred in connection with any claim arising our of your use of the Service or any breach by you of these Terms and Conditions. iWAREit reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter related hereto without the written consent of iWAREit.

iWAREit shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Service. iWAREit does not warrant that the Service will be uninterrupted, error free, or virus free; nor does iWAREit make any warranty as to the results to be obtained from use of the Service or its Content. The Service and its Content are distributed on an “as is, as available” basis. iWAREit MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OF IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may or may not apply to you. In such states, the liability of iWAREit shall be limited to the greatest extent permitted by law. You expressly agree that the entire risk as to the quality and performance of the Service and the accuracy or completeness of the content is assumed solely by you.

External sites

iWAREit is not responsible for the availability of, or the content located on or through, any external site referenced on its Services or in its communications. You should contact the site administrator of those external sites if you have any concerns regarding the content located on them. Links to and from iWAREit and its sites do not constitute an endorsement by iWAREit of any third party products or services.

Modifications

iWAREit may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any database, feature, or content, without prior notice or liability. iWAREit reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Please review these Terms and Conditions from time to time to ensure that you are aware of any changes.

Forums

iWAREit forums, including all portions of iWAREit permitting user text contributions, are maintained as a convenience for public participation among its members, using their real names. iWAREit is a privately-owned Service, not a public forum, and limits contributions as noted, without limitation, in our Forums and Comments Policies, incorporated herein by reference. All contributions must conform with iWAREit requirements and policies, and may not contain advertising, deceptive content, or direct or indirect attacks on iWAREit users or staff. Users are individually liable for their own contributions and iWAREit expressly disclaims all responsibility or liability for any contributions. By submitting a contribution, you grant to iWAREit a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such contribution, in all media now known or hereafter developed. You hereby waive all rights to any claim against iWAREit for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such contributions. iWAREit reserves the right to monitor contributions and to modify or remove specific content that it deems a violation of its requirements and policies, but iWAREit has no obligation to do this. iWAREit reserves the right to disclose any information necessary to satisfy any law, regulation, or governmental request, or to edit, refuse to post, or remove any information in whole or in part that in iWAREit’s sole discretion is objectionable or in violation of its policies, including these Terms and Conditions. iWAREit may limit or deny your access to the Service if in its sole discretion your contribution violates these Terms and Conditions.

Acceptance; Miscellaneous

Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by iWAREit. If at any time these Terms and Conditions are not acceptable to you, you should immediately cease use of the Service.

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible to further the intent of these Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect.

These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and iWAREit with respect to your use of the Service. Any cause of action you may have with respect to your use of the Service must be commenced with one (1) year after the claim or cause of action arises.

Choice of Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of California without regard to conflicts of laws provisions. Exclusive jurisdiction for any action related to these Terms and Conditions shall be an appropriate state or federal court located in the state of California.