The following terms and conditions govern all use of the Insight Websites website and blogging platform. Insight Websites is owned and operated by Insight Communication & Design. Insight Websites is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Insight Websites (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using Insight Websites. By accessing or using any part of Insight Websites, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access Insight Websites or use any services. If these terms and conditions are considered an offer by Insight Websites, acceptance is expressly limited to these terms.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to Insight Websites, post links on Insight Websites, or otherwise make (or allow any third party to make) material available by means of Insight Websites (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libellous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by Insight Websites or otherwise.By submitting Content to Insight Websites for inclusion on your Website, you grant Insight Websites a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Insight Websites will use reasonable efforts to remove it from Insight Websites, but you acknowledge that caching or references to the Content may not be made immediately unavailable.Without limiting any of those representations or warranties, Insight Websites has the right (though not the obligation) to, in Insight Websites’ sole discretion (i) refuse or remove any content that, in Insight Websites’ reasonable opinion, violates any Insight Websites policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Insight Websites to any individual or entity for any reason, in Insight Websites’ sole discretion. Insight Websites will have no obligation to provide a refund of any amounts previously paid.
- Fees and Payment. You agree to pay Insight Websites the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
- Paid Services. By signing up for Pro account you agree to pay Insight Websites the fees indicated in exchange for the services. Applicable fees will be invoiced starting from the day your Pro account is established.
- Responsibility of Website Visitors. Insight Websites has not reviewed, and cannot review, all of the material, including computer software, posted to Insight Websites, and cannot therefore be responsible for that material’s content, use or effects. By operating Insight Websites, Insight Websites does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Insight Websites may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Insight Websites may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Insight Websites disclaims any responsibility for any harm resulting from the use by visitors of Insight Websites, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through Insight Websites and webpages to which Insight Websites links, and that link to Insight Websites. Insight Websites does not have any control over those non-Insight Websites websites and webpages, and is not responsible for their contents or their use. By linking to a non-Insight Websites website or webpage, Insight Websites does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Insight Websites disclaims any responsibility for any harm resulting from your use of non-Insight Websites websites and webpages.
- Copyright Infringement and DMCA Policy. As Insight Websites asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Insight Websites violates your copyright, you are encouraged to notify Insight Websites using this form here. Insight Websites will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Insight Websites or others, Insight Websites may, in its discretion, terminate or deny access to and use of Insight Websites. In the case of such termination, Insight Websites will have no obligation to provide a refund of any amounts previously paid to Insight Websites.
- Intellectual Property. This Agreement does not transfer from Insight Websites to you any Insight Websites or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Insight Websites. Insight Websites, Insight Websites, Insight Websites, the Insight Websites logo, and all other trademarks, service marks, graphics and logos used in connection with Insight Websites, or Insight Websites are trademarks or registered trademarks of Insight Websites or Insight Websites’ licensors. Other trademarks, service marks, graphics and logos used in connection with Insight Websites may be the trademarks of other third parties. Your use of Insight Websites grants you no right or license to reproduce or otherwise use any Insight Websites or third-party trademarks.
- Changes. Insight Websites reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to Insight Websites following the posting of any changes to this Agreement constitutes acceptance of those changes. Insight Websites may also, in the future, offer new services and/or features through Insight Websites (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Insight Websites may terminate your access to all or any part of Insight Websites at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Insight Websites account (if you have one), you may simply discontinue using Insight Websites. Notwithstanding the foregoing, your account can only be terminated by Insight Websites if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Insight Websites’ notice to you thereof; provided that, Insight Websites can terminate Insight Websites immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. Insight Websites is provided “as is”. Insight Websites and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Insight Websites nor its suppliers and licensors, makes any warranty that Insight Websites will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, Insight Websites at your own discretion and risk.
- Limitation of Liability. In no event will Insight Websites, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Insight Websites under this agreement during the twelve (12) month period prior to the cause of action. Insight Websites shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Insight Websites, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of Insight Websites, including but not limited to your violation of this Agreement.This Agreement constitutes the entire agreement between Insight Websites and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Insight Websites, or by the posting by Insight Websites of a revised version. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Insight Websites may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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