This statement
covers all of the Terms of Use for all IGG Factory, Inc. websites including
HandHelditems, News.Handhelditems and any associated content including email
and RSS feeds. By using these web sites (collectively called the "Service(s)");
you consent and agree to these terms and conditions. Please read the
following statements carefully since any access to any of the IGG Factory
sites indicates you've agreed that the Terms are in effect.
You may not use our Services unless you agree to abide by the following
terms.
BY USING OR BY SIGNING UP TO USE OUR SERVICES:
* YOU SIGNIFY THAT YOU AGREE TO THESE TERMS AND CONDITIONS ("Terms of Use");
* YOU CONSENT TO THE INFORMATION PRACTICES OF THE IGG FACTORY PRIVACY
POLICY; AND
* YOU AGREE TO RECEIVE NOTICES AND TERMS FROM US ELECTRONICALLY.
If you do not agree, do not use our Services.
Changes to the Terms of Use
We may change these Terms of Use at any time. You can review the most
current version of these terms by clicking on the "Terms of Use" hypertext
link located at the bottom of our homepage. If we make changes, you are
bound by the new terms if you continue to use our Services.
Use of RSS Feeds
RSS (really simple syndication) service is a means by which IGG Factory,
Inc. (News.HandHelditems Site) offers feeds of story headlines in XML format
("RSS Content") to visitors to News.HandHelditems.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 IGG Factory, Inc. 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 News.HandHelditems.com,
and you may not edit or modify the text, content or links supplied by
News.HandHelditems.com. To request permission for a particular use not
permitted by these Terms of Use, please contact us.
(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 News.HandHelditems.com
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
News.HandHelditems.com site web page. You may not insert any intermediate
page, splash page or other content between the RSS link and the applicable
News.HandHelditems.com Site web page.
(c) Ownership/Attribution
IGG Factory, Inc. retains all ownership and other rights in the RSS Content,
and any and all IGG Factory, Inc. logos and trademarks used in connection
with the RSS Service. You must provide attribution to the appropriate IGG
Factory, Inc. website in connection with your use of the RSS feeds.
Attribution must appear in the form of Source: HandHelditems.com,
News.HandHelditems.com or an appropriate IGG Factory, Inc. website logo. If
you provide this attribution using a graphic, you must use the appropriate
HandHelditems’ or News.HandHelditems’ website's logo available upon request.
(d) Right to Discontinue Feeds
IGG Factory, Inc. 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. IGG Factory, Inc. 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.
About the Service;
Registration
Our Services are intended for general audiences. If you sign up to use any
of our Services, you agree to provide accurate information about you. You
must keep this information up to date. You must be legally competent to
enter into contracts. Our Services are part of a family of websites and
services of IGG Factory. Signing up for any IGG Factory, Inc. Services will
automatically register you for the rest of the family sites. Certain
features of the IGG Factory services, such as online shopping or making blog
comments, are available only to users who register with IGG Factory, Inc.
Registration with HandHelditems.com and News.Handhelditems.com is subject to
the IGG Factory, Inc. Registered User Terms of Service.
Electronic Delivery Policy
and Your Consent
You give us consent to provide you with required notices, agreements and
information concerning our Services electronically. We will provide you our
notices either by sending them to the e-mail address that you give to us. If
you want to withdraw your consent to receive notices electronically, you
must discontinue your use of our Services.
Privacy Statement
The IGG Factory, Inc DBA HandHelditems.com or news.HandHelditems.com Privacy
Statement explains the practices that apply to your information when you use
our Services. Your ongoing use of the Services signifies your consent to the
Privacy Policy. You can review the Privacy Statement by clicking on the
"Privacy Statement" link located on the home page of our Services.
Changes
We may discontinue or change any service or feature on our Services at any
time and without notice. IGG Factory, Inc. 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. IGG Factory, Inc. 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.
Access Cost
You must provide at your own expense the equipment and Internet connections
that you will need to access our Services. If you use a telephone line for
access, please call your local phone company to determine if the access
numbers you select are subject to long distance or other toll charges at
your location. Also, wireless, data or text messaging charges apply if you
access our Services through wireless applications (e.g., cell phones). Check
with your carrier to verify whether there are any such fees that may apply
to you.
Your Responsibilities
You may use our Services for lawful purposes only. You may not engage in any
conduct that:
* violates or infringes the rights of others including, without limitation,
patent, trademark, trade secret, copyright, publicity or other proprietary
rights;
* is unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, obscene, pornographic, invasive of another's privacy,
tortious, or contains explicit or graphic descriptions, or accounts of,
sexual acts;
* victimizes, harasses, degrades, or intimidates an individual or group of
individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
* impersonates any person, licensed professional, business or entity,
including our employees and agents;
* contains viruses or any other computer code, files or programs that
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment, or otherwise permit the
unauthorized use of a computer or computer network;
* encourages conduct that would constitute a criminal offense, or that gives
rise to civil liability;
* offers, promotes or encourages betting or wagering prohibited by law;
* violates these Terms of Use, guidelines or any policy posted on our
services, or
* interferes with the use of our Services by others;
* causes damage or impairs our servers or network;
* interferes with any other party's use and enjoyment of our Services; or
* Attempts to gain unauthorized access to our services, user accounts,
computer systems or networks.
* Users can not to upload to, distribute or otherwise publish through this
Site any message, data, information, text or other material ("Content") that
is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd,
harassing, threatening, invasive of privacy or publicity rights, abusive,
inflammatory or otherwise objectionable.
We may take any legal, disciplinary and technical remedies to prevent the
violation of these Terms of Use.
No Spam
You may not transmit, directly or indirectly, any unsolicited bulk
communications (including e-mails and Comments) through our Services. You
may not harvest information about our users for the purpose of sending, or
to facilitate the sending, of unsolicited bulk communications. You may not
induce or allow others to use our Services to violate the terms of this
section. We may terminate immediately your access to our Services and take
any other legal action if you, or anyone using your access to our Services,
violates these provisions. We may take any technical remedies to prevent
unsolicited bulk communications from entering, utilizing, or remaining
within our computer or communications networks.
Content and Proprietary
Rights
We, our suppliers, and our users who lawfully post text, messages,
information, software, images, audio and video ("Content") on the Services
own the property rights to that Content. The Content is protected by
international treaties, and by copyright, trademark, patent, and trade
secret laws and other proprietary rights. For example, we own a copyright in
the selection, organization, arrangement, and enhancement of the Content, as
well as in our original Content. You acknowledge that our Services do not
give or purport to give medical, legal, financial or other professional
advice. Your use of any information from the Services is at your own risk.
Copyrights
HandHelditems respects the intellectual property of others. If you believe
that your work has been copied in a way that constitutes copyright
infringement, please follow our Notice and Procedures for Making Claims of
Copyright Infringement below.
Notice and Procedure for Making Claims of Copyright Infringement Pursuant to
the Digital Millennium Copyright Act
If you believe that you hold a claim of copyright infringement against
HandHelditems, submit notice of your claim to the following Designated
Agent:
Service Provider: HandHelditems
Email Address to Which Notification Should Be Sent: news AT handhelditems
dot com
To be effective, the notification of your claim of copyright infringement
should be written and should include the following:
A statement that you are the owner of the exclusive right you claim has been
infringed, or a statement that you are authorized to act on behalf of the
owner of an exclusive right that has allegedly been infringed.
A statement, under penalty of perjury, that the information in the
notification is accurate.
Your signature. (The signature may be electronic.)
The identification of the copyrighted work you claim has been infringed. (If
you claim that multiple copyrighted works have been infringed you can submit
one notification with a list of the allegedly infringed works.)
Identification of the material that you claim to be infringing and
information reasonably sufficient to permit HandHelditems to locate the
material.
Information reasonably sufficient to permit HandHelditems to contact you,
including your address, telephone number, fax number and, if available, an
electronic mail address. You can provide contact information for the owner
of the exclusive right that you claim has been infringed if you are not the
owner, but rather authorized to act on behalf of the owner.
A statement you have a good-faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law.
HandHelditems will respond to any DMCA complaints in a timely manner. Should
you be the copyright holder of a specific piece of content featured on this
site without your permission, HandHelditems will remove it in a timely
manner once notified.
Web Syndication Terms of
Use
1.Internal links in the Site content must not be removed.
2.The Site logo and/or URL should appear on each page displaying site
content.
3.The format or branding of the headlines, text and other information
provided in the RSS feeds must not be modified.
4."More From…" links back to original Site at the end of each post must be
included on content pages and may not be removed.
Print Syndication Terms of
Use
1.Reproduction of screenshots from any Site is permissible, without prior
written approval, so long as the site logo and URL is fully visible or
otherwise included on the page. See above for general permissions on partial
content.
2.The Site logo and URL must appear prominently at the top of each section
displaying site content.
3.Content must appear unedited, except for replacement of hyperlinks with
full URLs and use of product manufacturer's site links where appropriate.
4.Images from a Site must not be used in print without you obtaining the
appropriate copyright clearances yourself.
Images Terms of Use
Our editors typically include images as part of their blog posts and the
images that they are authorized to use is the following:
- Images that are licensed from vendors
- Images that are supplied to our editors or released into the public domain
by public relations and marketing companies for press or other purposes
- Images that are supplied by readers, with the implied representation that
the person submitting the image owns the copyright in the image and the
right to give it to us for use on our site
- Images that are published on Photobucket or other public photos sites with
licenses granted under Creative Commons, with attribution in accordance with
the CC license granted in each case
- Images that are commissioned by IGG Factory, Inc. and its affiliated
sites.
Terms for Submitting
Products for Review
(a) First, fill out our Product Review application form. Make sure to
complete all fields. For the "Product Specs" field, please include all
information that you would like us to use, including the retail price,
product release date, and where the product will be available. You must
agree to our terms in order for us to approve any products for review. If
you do not agree to our Terms, all requests will be denied.
(b) Before we approve a product we may request additional information on the
product.
(c) Once your application has been received, we will reply by e-mail
notifying you on whether or not your product review request has been
approved or denied.
(d) If your product review has been denied, we will notify you with an
e-mail that provides the reason to why your request was denied.
(e) If your application is approved we will notify you by e-mail. If you
have any additional information, documents, files, or pictures you would
like us to include on the review, please attach the desired files onto the
e-mail reply.
(f) The e-mail you receive will include directions on where to ship sample(s).
WE MUST RECEIVE ALL SAMPLE(S) WITHIN A 2 BUSINESS WEEK PERIOD. Please let us
know how long we have to work with the sample(s) and whether or not you
would like us to send your sample(s) back when we are finished.
(g) Once we are finished reviewing your product, please advise whether or
not to return your sample(s). You have a 2 month deadline to request any
sample(s) to be shipped back, after that 2 month period we will dispose of
any remaining samples.
(h) IGG Factory and its Services will NOT be liable for any shipping
discrepancies when receiving sample(s). This may include lost packages,
damaged packages, and products that were damaged in the process of the
review. If we receive any damaged or non-working products we will notify you
by e-mail immediately. We will also notify you if there were any damages
caused to the product in the process of the review.
Disclaimer; No Warranty
IGG Factory, Inc. makes no representations or warranties as to the accuracy
of the Content. IGG Factory, Inc. 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 IGG Factory, Inc. of the error or
omission; however, IGG Factory, Inc. 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 IGG
Factory, Inc. 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 IGG Factory, Inc. 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 out of your use of the Service
or any breach by you of these Terms and Conditions. IGG Factory, Inc.
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 IGG Factory,
Inc.
IGG Factory, Inc. shall not be liable for any direct, indirect, incidental,
special, or consequential damages arising out of the use or inability to use
the Service. IGG Factory, Inc. does not warrant that the Service will be
uninterrupted, error free, or virus free; nor does IGG Factory, Inc. 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. IGG Factory, Inc. 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
IGG Factory, Inc. 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.
License to Use the Services
You may use the Services only for personal, non-commercial purposes. You may
use Content offered for downloading, such as photos and music, for personal
use only and subject to the rules that accompany that particular Content.
You may not use the Content in a manner that exceeds the rights granted for
your use of the Content. You may not use any data mining, robots, or similar
data gathering and extraction tools on the Content, frame any portion of our
Services or Content, or reproduce, reprint, copy, store, publicly display,
broadcast, transmit, modify, translate, port, publish, sublicense, assign,
transfer, sell, loan, or otherwise distribute the Content without our prior
written consent. You may not circumvent any mechanisms included in the
Content for preventing the unauthorized reproduction or distribution of the
Content.
Content You Post to Public
Areas
Certain areas of our Services may allow you to post Content that can be
accessed and viewed by others, including the public in general. You may only
post Content to public areas on our Services that you created or that you
have permission to post. You may not post Content that violates these Terms
of Use. We do not claim ownership of any Content that you may post. However,
by submitting Content to public areas of our Services, you grant us, our
parent, affiliates, and distributors the right to use, copy, perform,
distribute, adapt, promote and display this Content in any medium. To make
our comments more interesting and more informative, the list below is a
guideline that all users should use to post/view any comments:
- If a comment is made using your identity it will be deemed to have been
posted by you
- Abusive, obscene, threatening, harassing, defamatory, libelous, offensive
or sexually explicit material are prohibited to post on our site
- Do not intentionally make, false or misleading statements
- Do not post any material that will violate copyright
- Do not post any confidential or sensitive information that may in breach
with the law- Keep all comments relevant and "on topic" to the particular
site posting open for comments
"Discussion Forum" and "Comments" Terms of Use
Registration to our forum is free! We do insist that you abide by the rules
and policies detailed (click here to read guideline and rules). By create
account at any HandHelditems and News.HandHelditems and you are auto agree
to our forum terms of use. If you would like to cancel your account and you
will need to provide us your account user name and email address. You may
request cancellation at our contact us page.
Although the administrators and moderators of News.HandHelditems Message
Board will attempt to keep all objectionable messages off this forum, it is
impossible for us to review all messages. All messages express the views of
the author, and neither the owners of News.HandHelditems Message Board will
be held responsible for the content of any message.
By agreeing to these rules, you warrant that you will not post any messages
that are obscene, vulgar, sexually-oriented, hateful, threatening, or
otherwise violate any laws.
The owners of News.HandHelditems Message Board reserve the right to remove,
edit, move or close any thread for any reason.
You will also agree to our Forum and Comment's complete Acceptable Use
Policy and Rules.
Click here for details
No Duty to Monitor
You agree that we are not liable for Content that is provided by others. We
have no duty to pre-screen Content, but we have the right to refuse to post
or to edit submitted Content. We reserve the right to remove Content for any
reason, but we are not responsible for any failure or delay in removing such
material.
Third Party Sites;
Advertisers
Our Services may include links to third party websites, including links
provided as automated search results. Some of these sites may contain
materials that are objectionable, unlawful, or inaccurate. These links do
not mean that we endorse these third party sites or services. We are not
responsible or liable for any Content or other materials on these third
party sites. Any dealings that you have with advertisers found on our
Services are between you and the advertiser and you acknowledge and agree
that we are not liable for any loss or claim you may have against an
advertiser.
Limitation of Liability
WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR
USE OF, INABILITY TO USE, OR RELIANCE UPON THE SERVICES. THESE EXCLUSIONS
APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES
OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES. 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, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND
SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless us
and our parent and other affiliated companies, and our respective employees,
contractors, officers, directors, and agents from all liabilities, claims,
and expenses, including attorney's fees that arise from your use or misuse
of the Services. We reserve the right, at our 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 us in
asserting any available defenses.
Severability and
Integration
This contract and any supplemental terms, policies, rules and guidelines
posted on our Services constitute the entire agreement between you and us
and supersede all previous written or oral agreements. If any part of these
Terms of Use is held invalid or unenforceable, that portion shall be
construed in a manner consistent with applicable law to reflect, as nearly
as possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect.
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.
Termination
Your right to use our Services automatically terminates if you violate these
Terms of Use or any rules or guidelines posted in connection with our
Services. We also reserve the right, in our sole discretion, to terminate
your access to all or part of our Services, for any reason, with or without
notice. |
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