COMMUNITY TERMS OF SERVICE

Please read the following Terms of Service carefully. It contains important information regarding your rights, obligations, and restrictions in connection with your use of the community. By visiting or using the community you accept and agree to be bound by these Terms of Service ("Terms of Service" or "Agreement"), whether or not you register as a member of the community. If you do not agree to these Terms of Service, you may not use the community and you may not register as a community member.

Modified at any time: Networked Insights may modify this Agreement from time to time at its discretion and without prior notice. Any modification of this Agreement will be posted on the community website. The modified Agreement will become effective upon such posting. Remember, your continued use of the community after posting of the amended Agreement indicates your acceptance of and agreement to be bound by the amended Agreement. Questions regarding these terms should be sent to via e-mail.

Registration

To use some of the community you must register with Networked Insights as a member. As part of the registration process, you agree to: (a) provide limited personal information as prompted by the Service (ensuring that this information is current, complete and accurate); and (b) maintain and update this information to keep it current, complete and accurate. This original sign-up information shall be referred to as registration data ("Registration Data"). Networked Insights reserves the right to delete accounts created by anyone using the name, likeness, e-mail address, or other personally identifiable information of another individual. Additionally, you may not register for multiple member accounts, register for an account on behalf of another individual, or register for a member account on behalf of any group or entity.

Proprietary Rights and Content in the Community

Networked Insights owns and retains all proprietary rights in the community. The community contains the copyrighted material, trademarks, and other proprietary information of Networked Insights, and its licensors. Except for information which is in the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Content Posted by Members in the Community

You are solely responsible for the content that you publish, display or transmit within the community, or to other community members. This includes, but is not limited to; photos, profiles, messages, notes, text, information, music, and videos ("Member Content").

You represent, warrant and agree that no materials of any kind submitted by you or otherwise posted or shared by you through the community will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful material, or violate any other laws or regulations.

You understand and agree that Networked Insights may, but is not obligated to, review and delete any Member Content that, in the sole judgment of Networked Insights, violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Networked Insights, community Members or users, or the public, without notice. Networked Insights assumes no responsibility for monitoring the content posted by members or the conduct of its members.

You retain your rights, if any, in your Member Content. However, by posting Member Content to the community, you automatically grant, and you represent and warrant that you have the right to grant, to Networked Insights (and its successors) an irrevocable, perpetual, non-exclusive, assignable, royalty free, worldwide license to use, copy, perform, display, distribute and to prepare derivative works of such Member Content and to grant and authorize sublicenses of the foregoing.

Illegal and Prohibited Content

The following is a partial list of the kind of Member Content that is illegal or prohibited on the community site. Networked Insights reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision including, without limitation, removing the offending communication and terminating the membership of such violators and reporting you to law enforcement authorities.

It includes Member Content that: is patently offensive to the online community, such as Member Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs (or links to them), provides information to circumvent manufacturer-installed copy-protect devices, or provides pirated music or links to pirated music files; contains hidden images, pages or restricted (password-only) access; displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses or would otherwise create liability or violate any local, state, national or international laws; solicits passwords or personally-identifying information for commercial or unlawful purposes from other users; engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes; solicits people you don't know to add you or accept you as a contact on a Networked Insights enabled site; advertises to, or solicits other members to buy or sell any commercial or personal products or services; impersonates any person or entity, or falsely states or otherwise misrepresents yourself, your age, or your affiliate with any person or entity; contains the private information of any third party including (without limitation), addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers; 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; contains, in the sole judgment of Networked Insights, matter that is objectionable or which restricts or inhibits any other person from using or enjoying the community, or which may expose Networked Insights or its members or users to any harm or liability of any type.

Although each of the aforementioned activities are strictly prohibited, there remains a small possibility that you may be exposed to such items from other members or Member Content. Networked Insights is not responsible for the content that members submit and you hereby waive any legal or equitable rights or remedies you may have against Networked Insights related to such exposure. You must use the community in a manner consistent with any and all applicable laws and regulations.

Although Networked Insights cannot monitor the conduct of the members, it is a violation of these rules to use any information obtained from the community in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect members from such advertising or solicitation, Networked Insights reserves the right to restrict the number of messages which a member may send to other members in any 24-hour period to a number which Networked Insights deems appropriate in its sole discretion.

Copyright Policy

If you believe that any Member Content or other material in the community infringes upon any copyright that you own or control, you may submit a notification to Networked Insights pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed
  2. A description of the copyrighted work that you claim has been infringed
  3. A description of where the material that you claim is infringing is located in the community
  4. Your address, telephone number, and e-mail address
  5. A written 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
  6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please send your notification to the attention of Networked Insights' Designated Copyright Agent to receive notification of infringement claims at: 33 East Main Street, Suite 251, Madison WI 53703

Termination of Repeat Infringers

Networked Insights, in appropriate circumstances and at Networked Insights' sole discretion, may terminate members who are deemed to be repeat infringers. Networked Insights may also at its sole discretion limit access to the community and/or terminate the memberships of any members who infringe upon any intellectual property rights of others, whether or not there is any repeat infringement.

Member Disputes

You are solely responsible for your interactions with other community members or third parties. Networked Insights reserves the right, but has no obligation, to monitor disputes between you and other members or third parties.

Links to Third Party Sites

Any links included within the community site taking users out of the Networked Insights community are not owned by or under the control of Networked Insights. Networked Insights assumes no responsibility for the content, privacy policies, or practices of any third party website. Use of such third party sites shall be at your own risk and is subject to the policies and procedures of the owner of such site. We encourage you to read those policies and know your rights.

Transactions with Organizations or Individuals

Networked Insights shall not be liable for your interactions with any organizations and/or individuals found on or through the community. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are your responsibility, and are solely between you and such organizations and/or individuals. You agree that Networked Insights is not responsible for any damage or loss incurred as a result of any such dealings. Networked Insights is under no obligation to become involved in disputes between participants in the community, or between participants on the site and any third party. In the event of a dispute, you release Networked Insights, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the community.

Privacy Policy

Use of the community is also governed by the Privacy Policy. By using the community, you agree to the terms of the Privacy Policy.

Disclaimers

Networked Insights is not responsible or liable in any manner for any Member Content posted. This includes content by users or members of the community.

Although Networked Insights provides rules for member conduct and postings, we do not control and are not responsible for what members post in the community and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter. Networked Insights is not responsible for the conduct, whether online or offline, of any user or member. Networked Insights assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. Networked Insights is not responsible for any problems or technical malfunction of any telephone network or lines, online computer systems, servers or providers, computer equipment, software, failure of e-mail or media players an account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials. Under no circumstances will Networked Insights be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the community, any content posted on them, including Member Content, or transmitted to members, or any interactions between users of the Web site, whether online or offline. THE COMMUNITY IS PROVIDED "AS IS" AND NETWORKED INSIGHTS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NETWORKED INSIGHTS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE COMMUNITY. The community may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from Networked Insights or through or from the community shall create any warranty not expressly stated herein.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL NETWORKED INSIGHTS OR ANY OF ITS CORPORATE PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS AND LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR THE NETWORKED INSIGHTS SERVICE OR ANY CONTENT OR OTHER MATERIALS ACCESSED THROUGH THE WEBSITE, EVEN IF NETWORKED INSIGHTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NETWORKED INSIGHTS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NETWORKED INSIGHTS FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

Disputes

Any dispute about or involving this Agreement and/or the community will be governed by the laws of the State of Wisconsin without regard to its conflict of law rules. You agree to the exclusive jurisdiction and venue of the Wisconsin state courts in and for Dane County, Wisconsin and the Federal Courts in and for the Southern District of Wisconsin.

Indemnity

You agree to defend, indemnify, and hold harmless Networked Insights, its corporate parents and subsidiaries, officers, directors, employees and agents with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, and expenses. This includes attorneys' fees arising out of or in connection with any Member Content, your use of the community, your conduct in connection with the community or with other users or members of the community, or any breach of this Agreement. Notwithstanding the foregoing, Networked Insights 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 Networked Insights herein under the terms and provisions of this Section. In no event shall you settle any such claim without Networked Insights' prior written approval.

General Practices Regarding Use and Storage

You acknowledge that Networked Insights may establish general practices and limits concerning use of the community including, without limitation: the maximum number of days that messages or other uploaded Content will be retained by the community.

You agree that Networked Insights has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the community. You acknowledge that Networked Insights reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Networked Insights reserves the right to modify these general practices and limits from time to time.

Preservation of Materials

You acknowledge and agree that Networked Insights may preserve any materials submitted or posted by you (including e-mails, profiles, postings or other content) and may disclose such material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce this Agreement; (3) respond to claims that any material violates the rights of third parties; or (4) in our sole judgment, protect the rights, property, or personal safety of Networked Insights, its members, employees or the public.

No Agency

The terms and provisions of this Agreement shall not be interpreted as creating an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Networked Insights and any member of the community.

Special Admonitions for International Use

As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet 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.

Miscellaneous

This Agreement contains the entire agreement between you and Networked Insights regarding the use of the community. The failure of Networked Insights to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Networked Insights without restriction.

Effective Date: February 2010.