ISUPK WEBSITE(S) TERMS AND CONDITIONS

 

The following are rules or "Terms" that govern use of the ISUPK website or its affiliate websites

sometimes referred to as ("Site"). By using or visiting the Site, you expressly agree to be bound by these

Terms and to follow these Terms and all applicable laws and regulations governing the Site. ISUPK

reserves the right to change these Terms at any time, effect immediately upon posting on the Site.

Please check this page of the site periodically. If you violate these Terms of Use, ISUPK may terminate

your use of the Site, bar you from future use of the Site, cancel your order, and/or take appropriate legal

action against you.

 

1. Permitted Use

You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your

own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute

the material on this Site for any purpose other than to review details and promotional information, for

personal use, or to purchase products or mechandise (from third party vendors ISUPK from time to time

may recommend) for your personal use, unless otherwise specifically authorized in writing by ISUPK to

do so.

 

1. Ownership of Materials

 

All materials on the Site are copyrighted and are protected under treaty provisions and world-wide

copyright laws. ISUPK materials may not be reproduced, copied, edited, published, and transmitted or

uploaded in any way without ISUPK written permission. Except as expressly stated in the limited license

provision of these terms and conditions, ISUPK does not grant any express or implied right to you under

any of its trademarks, copyrights, or other proprietary information. Including but not limited to text,

articles, images, software, photographs, graphics, illustrations, artwork, video, audio, names, logos,

trademarks, service marks, and other material (collectively, the "Content"), is protected by copyright,

trademark, and other laws in both the United States and elsewhere. The content includes both content

or owned, controlled by ISUPK and content owned or controlled by third parties and licensed to ISUPK.

Unless as explicitly indicated on the Website, you may not sell or modify the Content or reproduce,

display, publicly perform, distribute, or otherwise use the Content in any way for any public or

commercial purpose without written permission from ISUPK. If you violate any of these Terms your

permission to use the Content automatically terminates and you must immediately destroy any copies

 

you may have made of the Content. Some Content on or available through this site may have additional

restrictions upon its use and all such restrictions form a part of this Agreement.

 

1. Copyright Policy

 

We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted

material without a license express consent, valid defense or fair use exemption to do so. In particular,

users who submit Content to this Site, whether videos, articles, images, stories, software or other

copyrightable material must ensure that the Content they upload does not infringe the copyrights or

other rights of third parties (such as privacy or publicity rights.) After proper notification of the copyright

holder or its agent to us, and confirmation through court order or admission by the user that they have

used this Site as an instrument of unlawful infringement, we will terminate the infinging users' rights to

use and/or acces to this Site. We may, also in our sole discretion, decide to-terminate a user's rights to

use or access the Site prior to that time if we believe that the alleged information has occurred.

 

1. Links and Search Results

 

The Site may automatically produce search results that reference or link to the third-party sites

throughout the Internet. ISUPK has no control over these sites or the content within them. ISUPK cannot

guarantee, represent or warrant that the content contained in the sites is accurate, legal, and/or

inoffneisve. ISUPK does not endorse the content of any third party site, nor do we warrant that they will

not contain viruses or otherwise impact your computer. By using the Site to search for or link to another

site, you agree and understand that you may not make any claim against ISUPK for any damages or

losses, whatsoever, resulting from your use of the Site to obtsin search results or to link to another site.

If you have a problem with a link from the Site, please notify us at ISUPK and we will investigate your

claim and take any actions we deem appropriate in our sole discretion.

 

1. Disclaimers

 

ISUPK does not promiste that the Site will be error-free, uninterrupted, nor that it will provide specfic

results from use of the Site or any Content, Product(s), search or link on it. The Site and its Content and

Product are delivered on an "as-is" and "as-available" basis. ISUPK cannot ensure that files you access or

download from the Site or third partie(s) linked sites will be free of viruses or contamination or

destructive features. ISUPK disclaims all warranties, express or implied, including also any implied

 

warranties of merchantability and fitness for a particular purpose. ISUPK will not be liable for any

damages of any kind arising from the use of this Site, including without limitation, direct, indirect,

incidental, and punitive and consequential damages.

 

 (5.1) ISUPK makes no guarantee of any specific result from use of this Site or use of the products

and/ or services offered on this Site by ISUPK.

 (5.2) ISUPK disclaims any and all liability for the acts, omissions of and conduct of any third party

users, ISUPK users, advertisers and/or sponsors on the Site, in connection with the ISUPK service or

otherwise related to your use of the Site and/or products and services that are offered.

 (5.3) ISUPK is not responsible for the products, services, actions or failure to act of any provider,

venue, performer, promoter or other third party in connection with or referenced on the Site. Without

limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service

and/or product providers referenced on or included in the Site to ISUPK at ISUPK.COM

 (5.4) ISUPK may investigate the claim and take appropriate action, in its sole discretion.

 

1. Prohibited Content

The following is a partial list of the kind of Content which is illegal or prohibited on the Site. It includes

Content that:

 (6.1) Is blatantly offensive to the online community, such as Content that promote racism,

bigotry, hatred or physical harm of any kind against any group or individual;

 (6.2) Could be harmful to minors;

 (6.3) Harasses or advocates harassment of another person;

 (6.4) Involves the transmission of "junk mail", "chain letters", or unsolicitated mass mailing or

"spamming" promotes information that you know is false, misleading or promotes illegal activities or

conduct that is abusive, threatning, obscene, defamatory or libelous;

 (6.5) Promotes an illegal or unauthorized copy of another person's copyrighted work, such as

providing pirated computer programs or links to them, providing information to circumvent

manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

 (6.6) Contains restricted or password only access pages, or hidden pages or images (those not

linked to or from another accessible page);

 

 (6.7) Displays pornographic or sexually explicit material of any kind.

 (6.8) Provides material that exploits people under the age of 18 in a sexual or violent manner, or

solicits personal information from anyone uner 18;

 (6.9) Provides instructional information about illegal activites such s making or buying illegal

weapons, violating someone's privacy, or providing or creating computer viruses;

 (6.10) Solicits passwords or personal indentifying information for commercial or unlawful

purposes from other users; and engages in commercial activities and/or sales without our prior written

consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

 

1. Offline Conduct

Although ISUPK cannot monitor the conduct of its users of the Site, it is also a violation of these rules to

use any information obtained from this Site in order to harass, abuse, or harm another person, or in

order to contact, advertise to, solicit or sell to any user without their prior explicit consent.

1. No Commercial Use

No area of this Site may be used by our visitors for any commercial purposes such as to conduct sales of

products or services of any kind without express written authorization from ISUPK. You must obtain our

prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links,

or any other form of communication. Without limiting the foregoing, you may not resell or link to other

sites for the purpose of re-selling any products or services available on ISUPK or any of its affiliate Sites.

We will investigate and take appropriate legal actions against anyone who violates this provision,

including without limitation, removing the offending communication from the Site and barring such

violators from use of the products and service available through this Site. We reserve the right to block

access to or cancel an order on any user known or reasonably believed to be associated with aanyone

utilizing automated means to process or place oders from a link to a third party website.

1. Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manuel process to monitor

or copy our web pages or the content contained thereon or for any other unauthorized purpose without

our prior expressed written permission. You agree that you will not use any device, software or routine

to interfere or attempt to interfere with the proper working of the Site. You agre that you will not take

any action that imposes an unreasonable or disproportionately large load on our infrastructure. You

agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any

content (except for your own person, non-commercial use) from our Site without the prior expressed

written permission of ISUPK.

1. Unauthorized Use of the Site

 

Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or

linking to the Site, or unauthorized use of any robot, spider, or other automated device on the site, will

be investigated and appropriate legal action will be taken, including without limitation civil, criminal and

injunctive redress.

1. Violation of the Terms

You understand and agree that in the ISUPK's sole discretion, and without prior notice, ISUPK may

terminate your access to the Site, cancel your order or exercise any other remedhy available to remove

any unauthorized user content, if ISUPK believes that the user Content you provided has violated or is

inconsistent with these Terms of Use violated the rights of ISUPK, any other use or the law. You agree

that monetary damages may not provide a sufficient remedy to ISUPK for violations of these terms and

conditions and you consent to injunctive or other equitable relief for such violations. ISUPK may release

user information about you if required by law or subpoena, or if the information is necessary or

appropriate to release to address an unlawful or harmful activity. ISUPK is not required to provide any

refund to you if you are terminated as a user because you have violated these Terms of Use.

1. Limitation on Liability

In no even will ISUPK be liable to you for any indirect, consequential, exemplary, incidental, special or

punitive damages, including also lost profts, even if ISUPK has been advised of the possibility of such

damages.

1. Disputes

This Site is controlled and operated by ISUPK. If there is any dispute about or involving the Site, by using

the Site, you agree that the dispute will be governed and construed by U.S. Federal law. In the even of a

dispute arising out of or relating to these terms and conditions herein legal jurisdiction shall occur as

indicated in paragraph 22 herein.

1. Indemnification

You agree to indemnify and hold ISUPK, its subsidiaries, affiliates, officers, agents, and other partners

and employees, stock holders, harmless from any loss, liability, claim or demand, including reasonable

attorney's fees, made by any third party due to or arising out of your use of the Site, including also your

use of the Site to provide a link to another site or to upload content or other information to the Site.

1. ISUPK User Accounts

In order to access some features of the website, you will have to register and create a ISUPK user

account or request that an account be created for you. You may never use another's account without

permission. When requesting and/or creating your account, you must provide accurate and complete

information. You are soley responsible for the activity that occurs on your account, and you must keep

your account password secure. You must notify ISUPK immediately of any breach of security or

unauthorized use of your account. Although ISUPK will not be liable for your losses caused by any

 

unauthorized use of your account, you may be liable for the losses of ISUPK or others due to such

unauthorized use.

 

1.Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically

to your use of content on the ISUPK Website.

(a.) The content on the ISUPK Website, except all User Submissions (as defined below), including

without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive

features and the like (“Content”) and the trademarks, service marks and logos contained therein

(“Marks”), are owned by or licensed to ISUPK, subject to copyright and other intellectual property rights

under the law. Content on the Website is provided to you “AS IS” for your information and personal use

only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed,

sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written

consent of the respective owners. ISUPK reserves all rights not expressly granted in and to the Website

and the Content.

(b) You may access and review data including and not limited to linked websites that we have provided

for your information and personal use solely as intended through the provided functionality of the ISUPK

Website. You shall not copy or download any Content unless you see a “download” or similar link

displayed on the ISUPK Website.

(c) User Testimonials and/or Comments are made available to you for your information and personal

use solely as intended through the normal functionality of the ISUPK Website. User Testimonials and/or

Comments are made available “as is”, and may not be used, copied, reproduced, distributed,

transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not

intended by the normal functionality of the ISUPK Website or otherwise as prohibited under this

Agreement. Testimonials and/or User Comments are made by that specific User(s) and are solely their

opinions or experience with certain products and /or services they have received or purchased. ISUPK

offers no guarantee implied or otherwise that every User will receive the same results. Any consumer

who purchases products or services offered from this website shall have researched the products or

services similar or otherwise and performed their due diligence prior to making any purchases. ISUPK

shall not be held liable in any whatsoever if User does not abide by these Terms of Service.

(d) You may access ISUPK Content, User Submissions (where applicable) and other content only as

permitted under this Agreement. ISUPK reserves all rights not expressly granted in and to the Content

and the ISUPK Website.

(e) You agree to not engage in the use, copying, or distribution of any of the Content other than

expressly permitted herein, including any use, copying, or distribution of User Submissions (where

applicable) of third parties obtained through the Website for any commercial purposes.

 

(f) You agree not to circumvent, disable or otherwise interfere with security-related features of the

ISUPK Website or features that prevent or restrict use or copying of any Content or enforce limitations

on use of the ISUPK Website or the Content therein.

(g) You understand that when using the ISUPK Website, you will be exposed to User Submissions from a

variety of sources, and that ISUPK is not responsible for the accuracy, usefulness, safety, or intellectual

property rights of or relating to such User Submissions. You further understand and acknowledge that

you may be exposed to User Submissions that are inaccurate, offensive, indecent , or objectionable, and

you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may

have against ISUPK with respect thereto, and agree to indemnify and hold ISUPK, its Owners/Operators,

affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to

your use of the site.

 

1. Your User Submissions and Conduct

 

(a) As a ISUPK account holder you may additionally (where applicable) submit video content (“User

Videos”) and textual content (“User Comments or Testimonials”). User Videos and User Comments or

Testimonials are collectively referred to as “User Submissions”. You understand that whether or not

such User Submissions are published, ISUPK does not guarantee any confidentiality with respect to any

User Submissions.

(b) You shall be solely responsible for your own User Submissions and the consequences of posting or

publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that; you

own or have the necessary licenses, rights, consents, and permission to use and authorize ISUPK and its

affiliates to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any

and all User Submissions to enable inclusion and use of the User Submissions in the manner

contemplated by the Website and these Terms of Service.

(c) For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting

User Submissions to ISUPK, you hereby grant ISUPK and its affiliates a worldwide, non-exclusive, royalty-

free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of,

display, and perform the User Submissions in connection with the ISUPK Websites and (and its

successors’ and affiliates’) business, including without limitation for promoting and redistributing part or

all of the ISUPK Website (and derivative works thereof) in any media formats and through any media

channels. You also hereby grant each user of the ISUPK Website a non-exclusive license to access your

Video User Submissions (where applicable) through the Website, and to use, reproduce, distribute,

display and perform such User Submissions (where applicable) as permitted through the functionality of

the Website and under these Terms of Service. The above licenses granted by you in User Videos

terminate within a commercially reasonable time after you remove or delete your User Videos from the

ISUPK Website. You understand and agree, however, that ISUPK may retain, but not display, distribute,

 

or perform, server copies of User Submissions that have been removed or deleted. The above licenses

granted by you in User Comments are perpetual and irrevocable.

(d) In connection with User Submissions (audio, video, textual), you further agree that you will not

submit material that is copyrighted, protected by trade secret or otherwise subject to third party

proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have

permission from their rightful owner to post the material and to grant ISUPK all of the license rights

granted herein.

(e) You further agree that you will not , in connection with User Submission, submit material that is

contrary to the ISUPK Guidelines listed in these Terms and Conditions, which may be updated from time

to time, or contrary to applicable local, national, and international laws and regulations.

(f) ISUPK does not endorse any User Submission or ant opinion, recommendation, or advice expressed

therein, and ISUPK expressly disclaims any and all liability in connection with User Submissions. ISUPK

does not permit copyright infringing activities and infringement of intellectual property rights on its

Website, and ISUPK will remove all Content and User Submissions if properly notified that such Content

or User Submission infringes on another’s intellectual property rights. ISUPK reserves the right to

remove Content and User Submissions if properly notified that such Content or User Submission

infringes on another’s intellectual property rights. ISUPK reserves the right to remove Content and User

Submissions without prior notice.

 

1. Account Termination Policy

 

(a) ISUPK will terminate a User’s access to its Website if, under appropriate circumstances, they are

determined to be infringing on copyrights held by a third partie(s).

(b) ISUPK reserves the right to decide whether Content or a User Submission is appropriate and complies

with these Terms of Service for violations other than copyright infringement, such as, but not limited to,

pornography, obscene or defamatory material, or excessive length. ISUPK may remove such User

Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of

Service at any time, without prior notice and at its sole discretion.

1. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any User Submission or other content

infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium

Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see

17 U.S.C 512(c)(3) for further detail):

 

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive

right that is allegedly infringed;

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted

works at single online site are covered by a single notification, a representative list of such works at that

site;

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity

and that is to be removed or access to which is to be disabled and information reasonably sufficient to

permit the service provider to locate the material;

(4) Information reasonably sufficient to permit the service provider to contact you, such as an address,

telephone number, and, if available, an electronic mail;

(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 owner, its agent, or the law; and

(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.

 

ISUPK’s designated Copyright Agent to receive notifications of claimed infringement may be contacted

at: ISUPK.COM attention Copyright Claims. For clarity, only DMCA notices should go to the Copyright

Agent; any other feedback, comments, requests for technical support, and other communications

should be directed to ISUPK customer service you acknowledge that if you fail to comply with all of the

requirements of this Section 19, your DMCA notice may not be valid.

1. Counter-Notice. If you believe that your User Submission that was removed (or to which access was

disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright

owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may

send a counter-notice containing the following information to the Copyright Agent: Your physical or

electronic signature; Identification of the content that has been removed or to which access has been

disabled and the location at which the content appeared before it was removed or disabled; A

statement that you have a good faith belief that the content was removed or disabled as a result of

mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail

address, a statement that you consent to the jurisdiction of the federal court in the county of Dade,

Miami, Florida and a statement that you will accept service of process from the person who provided

notification of the alleged infringement.

2. If a counter-notice is received by the Copyright Agent, ISUPK may send a copy of the counter-notice to

the original complaining party informing that person that it may replace the removed content or cease

disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against

the content provider, member or user, the removed content may be replaced, or access to it restored, in

10 to 14 business days or more after receipt of the counter-notice, at ISUPK’s sole discretion.

 

1. Warranty Disclaimer

 

YOU AGREE THAT YOUR USE OF THE ISUPKWEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST

EXTENT PERMITTED BY LAW, MUSICLIVE 365. ITS OWNERS, OFFICERS, DIRECTORS, STOCK HOLDERS,

EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH

THE WEBSITE AND YOU’RE USE THEREOF. MUSICLIVE 365, LLC MAKES NO WARRANTIES OR

REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE

CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,

OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III)

ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL

INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR

CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES,

OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,

AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND

INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR

OTHERWISE MADE AVAILABLE VIA THE MUSICLIVE 365WEBSITE. MUSICLIVE365 DOES NOT WARRANT,

ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR

OFFERED BY A THIRD PARTY THROUGH THE MUSICLIVE 365 WEBSITE OR ANY HYPERLINKED WEBSITE OR

FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ISUPKINC WILL NOT BE A PARTY TO OR IN

ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY

PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH

ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE

CAUTION WHERE APPROPRIATE.

 

1. Limitation of Liability

IN NO EVENT SHALL MUSICLIVE365, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE

LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL

DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,

(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR

ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE

SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED

THEREIN, (IV) ANY INTERUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY

BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR

WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY

LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,

EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MUSICLIVE 365 WEBSITE,

WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR

 

NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION

OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE

JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ISUPK SHALL NOT BE LIABLE FOR USER

SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND

THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by ISUPK from its facilities in the United States of America. ISUPK

makes no representations that the Website is appropriate or available for use in other locations. Those

who access or use the ISUPK Website from other jurisdictions do so at their own volition and are

responsible for compliance with local law.

 

1. Indemnity

You agree to defend, indemnify and hold harmless ISUPK, its parent corporation, ISUPK Inc., its owners,

officers, directors, stockholders, employees and agents, from and against any and all claims, damages,

obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees)

arising from: (I) your use of and access to the ISUPK Website;(II) your violation of any term of these Term

of Service; (III) your violation of any third-party right, including without limitation any copyright,

property, or privacy right; or (IV) any claim that one of your User Submissions caused damage to third

party. This defense and indemnification obligation will survive these Terms of Service and your use of

any part of the ISUPK Website.

 

1. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal

parental or guardian consent, and are fully able and competent to enter into the terms, conditions,

obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to

abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13,

as the ISUPK Website is not intended for children under 13. If you are under 13 years of age, then please

do not use the ISUPK Website. There are lots of other great web sites for you. Talk to your parents about

what sites are appropriate for you.

 

1. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or

assigned by you, but may be assigned or transferred by ISUPK without restriction.

 

1.General

 

You agree that: (I) the ISUPK Website shall be deemed based in Florida; and (II) the ISUPK Website shall

be deemed a passive website that does not give rise to personal jurisdiction over ISUPK, either specific

or general, in jurisdictions other than Florida, Delaware or New York City. These Terms of Service shall

be governed by the internal substantive laws of the State of Virginia, without respect to its conflict of

laws principles. Any claim or dispute between you and ISUPK that arises in whole or in part from your

use of the ISUPK Website shall be decided exclusively by a court of competent jurisdiction located in

Philadelphia, Pennsylvania. These Terms of Service, together with the Privacy Policy and any other legal

notices published by ISUPK on the Website, shall constitute the entire agreement between you and

ISUPK concerning the ISUPK Website. If any provision of these Terms of Service is deemed invalid by a

court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the

remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of

any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or

any other term, and ISUPK’s failure to assert any right or provision under these Terms of Service shall

not constitute waiver of such right or provision. ISUPK reserves the right to amend these Terms of

Service at anytime and without notice, and it is your responsibility to review these Terms of Service for

any changes. Your use of the ISUPK Website following any amendments of these Terms of Service will

signify your assent to and acceptance of its revised terms. YOU AND ISUPK AGREE THAT ANY CAUSE OF

ACTION ARISING OUT OF OR RELATED TO THE ISUPK WEBSITE MUST COMMENCE WITHIN ONE (1) TEAR

AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY

BARRED.