Terms of Use

STARTUPNATION WEBSITE TERMS OF USE

Terms, Conditions and Notices as of October 2, 2009

StartupNation LLC provides its Website, www.startupnation.com (the “Website”), and its related services to you subject to the following notices, terms and conditions (“Terms of Use”). Please read these Terms of Use carefully BEFORE using the Website. Your continuing access and/or use of this Website SIGNIFIES YOUR ACCEPTANCE TO THESE TERMS OF USE. If at any time you do not wish to accept these Terms of Use, you may choose not to use the Website. Any additional terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by StartupNation and shall be of no force or effect.

Any rights not expressly granted herein are reserved.

MODIFICATIONS AND UPDATE

CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. STARTUPNATION MAY MAKE CHANGES TO THE SERVICES OR PRODUCTS AVAILABLE ON THIS WEBSITE (AT ANY TIME) AT ITS SOLE DISCRETION. The most current version of these terms can be reviewed by clicking on the “Terms of Use” link located at the bottom of our website pages. These notices, terms, and conditions are subject to change in the sole and absolute discretion of StartupNation. All updates, enhancements, new features and or the addition of additional web properties (in the form of additional web pages or websites) are immediately subject to these terms and conditions. Your continued use of the StartupNation website constitutes your continued acceptance to all such notices, terms and conditions as modified.

USE OF SITE

StartupNation may, in its sole discretion and without notice, deny any person or company’s access to this Website or any portion thereof. As a condition of your use of this Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this Website in any manner that could damage, disable, overburden, or impair any StartupNation server or interfere with any other party’s use and enjoyment of the Website and services offered herein. You may not attempt to gain unauthorized access to other’s accounts, information, computer systems or networks connected to the StartupNation server or to any of the services or products offered via the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

This Website, any portion of this Website and any software, products or services obtained herein may not be decompiled, disassembled, reverse engineered, uploaded, reproduced, modified, distributed, transmitted, duplicated, copied, sold, resold, displayed, performed, published, licensed, used to create derivative works from, transferred or otherwise exploited for any commercial purpose that is not expressly granted by StartupNation. StartupNation reserves the right to refuse service, terminate account(s), and/or cancel orders in its discretion, including, without limitation, if StartupNation believes that conduct violates applicable law, is harmful to the interests of StartupNation and its affiliates or any other reason. StartupNation further reserves the right to pursue any legal action available against any user whose use violates the state, federal or local law or these Terms of Use.

Availability of this Website or particular information or services herein is subject to change without notice.

CHILDREN UNDER 18

StartupNation does not sell products for or provide information or services to children. If you are under 18, you may use StartupNation only with involvement of a parent or guardian. StartupNation reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders/ requests in its sole discretion.

UNSOLICITED IDEA SUBMISSION POLICY

StartupNation or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, suggestions, new promotions, new products or technologies, concepts, ideas, notes, processes, materials, marketing plans, new product names or other materials other than those it has specifically requested. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when StartupNation’s products or marketing strategies might seem similar to ideas submitted to StartupNation. So, please do not send your unsolicited ideas to StartupNation or anyone at StartupNation. If despite our request that you not send us your ideas and materials, you still send them, please understand that StartupNation makes no assurances that your ideas and materials will be treated as confidential or proprietary. Unless otherwise agreed, StartupNation may edit, copy, publish, distribute, translate, and otherwise use in any medium any such materials that you forward to StartupNation and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise. StartupNation is and shall be under no obligation to: (1) maintain any of your materials in confidence; (2) to pay to you or any user any compensation for any such materials; or (3) to respond to any of your or any other user’s materials.

LINKS TO THIRD PARTY SITES

StartupNation may contain links to other websites (“Linked Sites”). Linking to such Linked Sites will let you leave the Website. Unless otherwise indicated, StartupNation is not affiliated with any of the Linked Sites. The Linked Sites are not under the control of StartupNation and StartupNation 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. StartupNation does not endorse or make any representations about any Linked Site, any information, software or other products or materials found in a Linked Site, or any results that may be obtained from using these links. StartupNation is providing these links only as a mere convenience, and the inclusion of any link does not imply endorsement by StartupNation. If you decide to access any of the third party websites linked from this Website, you do so entirely at your own risk.

LINKING TO STARTUPNATION

Linking to StartupNation from another website (“Linking Site”) is only allowed under the following conditions. A Linking Site may link to, but not replicate, StartupNation’s content without express written authorization from StartupNation. A Linking Site shall not create a frame, browser or border environment to StartupNation’s content and a Linking Site shall not imply that StartupNation is endorsing it or its products without express written consent from StartupNation. The Linking Site shall not misrepresent the Linking Site’s relationship with StartupNation, shall not provide false information about StartupNation’s products or services, and shall not unlawfully use the copyrights or trademarks owned by StartupNation or others. Linking Sites shall abide by any and all applicable laws.

LIMITATION OF LIABILITY

THIS WEBSITE AND ALL INFORMATION, CONTENT, SERVICES, GOODS, ADVERTISEMENTS, DOCUMENTS AND RELATED GRAPHICS PROVIDED HEREIN ARE PROVIDED ‘AS IS” WITHOUT WARRANTY OF ANY KIND. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERROR. STARTUPNATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, STARTUPNATION AND ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. STARTUPNATION DOES NOT WARRANT THAT THE WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE RELATED SERVICES THEREIN ARE FREE OF ERRORS, VIRUSES, WORMS, “TROJAN HORSES” OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES AND IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. IN NO EVENT, SHALL STARTUPNATION AND OR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM STARTUPNATION THROUGH THIS WEBSITE.

COPYRIGHT NOTICE

Copyright © 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011 StartupNation, L.L.C. All rights reserved.

COPYRIGHT

All content and otherwise protectable features of this Website, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of StartupNation, are the property of StartupNation and are protected by United States and international copyright laws. NO PORTION OF THIS WEBSITE MAY BE COPIED, IMITATED OR RETRANSMITTED UNLESS EXPRESS PERMISSION TO DO SO IS GIVEN BY STARTUPNATION IN WRITING. The compilation, collection, arrangement, and assembly of all content on this site is the exclusive property of StartupNation and is protected by United States and international copyright laws. All software used on this site is the property of StartupNation or its software suppliers and is protected by United States and international copyright laws. The images used on this Website are the property of their respective copyright owners, and are used by StartupNation pursuant to express authorization from the copyright owners or their agents. The content, images and software on this Website may be used as a shopping resource. Any other use, including, the reproduction, modification, distribution, transmission, republication, or display, of the content, images and software on this Website is strictly prohibited.

COPYRIGHT INFRINGEMENT POLICY

StartupNation, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use this Website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. StartupNation accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), StartupNation has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to StartupNation in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:

Contact us by e-mail

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
  3. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit StartupNation to contact you, such as your address, telephone number, and/or electronic mail address.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

TRADEMARKS

“STARTUPNATION,” along with all logos, other tradenames, trademarks, services marks, whether registered or not, set forth on this Website are the sole property of StartupNation, LLC. StartupNation’s trademarks may not be used in connection with any product or service that is not owned by StartupNation in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits StartupNation. Any trademarks not owned by StartupNation that appear on this Website are the property of their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners. All of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of StartupNation or the owner of such trademark, service mark or trade name, except as explicitly permitted by the trademark owner.

LICENSE TO CONTENT

StartupNation does not claim ownership of user submitted content (including text, audio, video, and otherwise) posted, transmitted or otherwise made available by you via the StartupNation website. By submitting content to StartupNation.com, you hereby irrevocably grant StartupNation a worldwide, non-exclusive, royalty-free, fully paid, restriction free license from the date you provide us with your material to distribute, reproduce, copy, record, modify, add to, combine with other materials, remove, adapt, publicly perform, publicly display, broadcast, exhibit, sublicense, freely assign, create derivative works from and otherwise use and exploit any of same, or any part thereof, in any medium now known or hereinafter known, in any language and by any means or manners now or hereafter developed. You also hereby grant each user of the StartupNation website a non-exclusive license to access your submitted content through the StartupNation website, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the website and under the StartupNation Terms of Use described herein.

EXPORT CONTROL

Unless otherwise specified, the materials on thise Website are presented solely to provide information regarding and to promote StartupNation’s services and other products available in the United States, its territories, possessions and protectorates. The Website is controlled and operated by StartupNation from its offices within the state of Michigan, United States of America. StartupNation makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Website is further subject to United States export controls. No software from the Website may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

SEVERABILITY

If any provision of these terms, conditions and notices are found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions with remain in full force.

APPLICABLE LAW

This site is created and controlled by StartupNation LLC in the State of Michigan, USA. As such, the laws of the State of Michigan will govern these notices, terms, and conditions, without giving effect to any principles of conflicts of laws.

PRIVACY

See our Privacy Policy relating to the collection and use of your information.

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