INBLF.COM TERMS OF USE
Introduction
Welcome to Inblf.com (the “Site”), the website of the International Network of Boutique Law Firms (“INBLF”). The Site presents comprehensive information about the mission and activities of INBLF. These Terms of Use relate to the use of the Site, including the section of the Site reserved for INLBF members. Please take a moment to review these Terms of Use, which represent an agreement between the INBLF (also referred to as “we”) and you, the end user (referred to herein as “you” or the “user”). By using, visiting or accessing the Site, you signify your acceptance of, and agree to be bound by, these Terms of Use and INBLF’s Privacy Policy, which explains our use of your information and which is incorporated herein by reference (these Terms of Use and the Privacy Policy are sometimes referred to collectively as the “Policies”). If you do not agree to be bound by the Policies, please immediately discontinue your use of the Site. Please know that we may amend these Terms of Use and the Privacy Policy at any time and from time to time. The INBLF shall have no obligation to notify you of any such changes other then posting such modifications on the Site. Therefore, you should review these Terms of Use and our Privacy Policy on the Site each time you use the Site. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the bottom of this page.
These Terms of Use do not extend to any third party websites that may be accessed via the Site, and you are cautioned to consult the terms and conditions governing the use of any such third party websites.
A portion of the Site is restricted to INBLF Members. Additional and alternative terms and conditions and privacy terms apply to that portion of the Site. See Section 7 below and Section 8 of the Privacy Policy for such additional terms.
1. Acknowledgement of Proprietary Rights
The materials published on the Site, including without limitation, the text, software, scripts, graphics, and photos (which we call the “Content”), are protected by copyrights, trademarks, service marks, and/or other proprietary rights and laws of the United States or other countries. You acquire no rights or licenses to the Content other than the limited rights to use it in accordance with these terms, and you agree to abide by all posted copyright notices or restrictions relating to the Content. The Content may not be downloaded, copied or modified except for such personal, noncommercial use as may be authorized by license or by fair use or other provisions of copyright law.
INBLF’s trademarks – its name and design – (the Trademarks) are used to identify INBLF and its activities. You cannot use the INBLF logo without written permission, and only INBLF can grant authorization for use of the logo. For written permission please contact [email protected].
2. Unauthorized Use; Misuse
Your misuse or unauthorized use of any of the Content or the Trademarks is strictly prohibited. You are hereby advised that INBLF is prepared to aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate. INBLF will take such steps as are required by law or otherwise reasonable and necessary to resolve any complaint from a third party alleging that such party’s intellectual property rights have been infringed by material in the Site. If you believe that any material on the Site violates your copyright or that of a party for whom you are authorized to speak, please contact our agent designated under Title II of the Digital Millennium Copyright Act to receive complaints regarding infringement of copyrights on the Site as follows:
Charles Kagay
Spiegel Liao & Kagay, LLP
388 Market Street, Suite 900
San Francisco, CA 94111
Telephone: (415) 956-5959
Facsimile: (415) 632-1431
Email: [email protected]
Upon receiving proper notification of claimed infringement, we will expeditiously take down or block access to the material.
3. Communications and Submissions
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary, including any emails sent when you use the Site’s Contact Us feature. Furthermore, we are free to use any ideas, concepts, copyrights, trademarks, know-how or techniques contained in any user submission for any purpose whatsoever without any compensation to you.
4. Governing Law
The laws of the State of New York shall govern this agreement without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court located in New York City, New York and no other venue. You and INBLF agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
5. No Warranty; Limitation on Liability
YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTY IMPLIED THROUGH COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT THE INBLF DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION.OR THAT THE SITE IS VIRUS-FREE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You understand and agree that the INBLF does not warrant or represent and expressly disclaims any warranties or representations that the Content is accurate, complete, or free from infringement.
You further understand and agree that neither the INBLF nor its affiliates, nor their respective officers directors, employees or agents will be liable to you or any third party for any liabilities, damages, costs, or expenses of any kind and under any theory of law, equity, contract, tort or otherwise which you or such third party may incur as a result of your use of the Site, including, without limitation, your violation of a third party intellectual property right based on your use of the Site. You acknowledge that the information provided at the Site is intended to provide background about the INBLF and assist in the identification of legal resources in specialized areas of practice and geographical areas within the United States and the world, and you agree that the INBLF has no control over the acts or omissions of any member firm and will not be liable for any claim or loss resulting from your interaction with any member firm as a result of your use of the Site.
Without limiting the foregoing, you understand and agree that neither the INBLF nor its affiliates, nor their respective officers, directors, employees or agents are responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site.
6. Indemnity
You hereby agree to defend, indemnify and hold harmless, the INBLF and its affiliates, and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) due to or arising out of your use of the Site in violation of these Terms of Use. This obligation will survive these Terms of Use and your use of the Site.
7. Additional Terms Applicable to Members’ Area of the Site
The portion of the Site (referred to herein as the “Network”) restricted to INBLF members (“Members”) provides a professional networking service that offers a platform and array of features that allow Members to create professional profiles in order to communicate with other Members via the Site. These features include the ability to join and communicate within groups, send public or private messages, and post content.
In order to access the Network, Members will need to choose a user name and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, user name or password of another Member at any time. You agree to notify the INBLF at [email protected] immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
By posting content to the Network (such posting is referred to as a “User Submission”), you affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions (including without limitation, the permission of each and every individual person identifiable in any User Submission), to use and authorize INBLF to use all copyright, patent, trademark, trade secret or other proprietary rights (including the name, voice and/or likeness rights of each identifiable person), in and to your User Submission, to enable inclusion and the use thereof on the Site in accordance with these Terms of Use.
YOU FURTHER AGREE THAT YOU WILL NOT SUBMIT CONTENT THAT (I) IS DEFAMATORY, LIBELOUS, MISLEADING, OFFENSIVE, INDECENT OR OBJECTIONABLE, OR (II) OTHERWISE INFRINGES UPON ANOTHER’S INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS, INCLUDING, WITHOUT LIMITATION, ANY RIGHTS UNDER THE LAWS PERTAINING TO COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, PRIVACY AND/OR PUBLICITY.
You retain all ownership rights in and to your User Submission. However, by making the submission, you grant the INBLF a non-exclusive, universe-wide, perpetual, royalty-free, sublicenseable, and transferrable license to use, distribute, reproduce, prepare derivative works of, display, and perform all User Submission in any media formats and through any media channels now existing or hereafter created without compensation to you for purposes of delivering the services and features of the Network and promoting the same. You also hereby grant each user of the Network a non-exclusive license to access your User Submission through the Network, and to use, reproduce, distribute, display and perform such User Submission as permitted through the functionality of the Network and under these Terms of Use. The INBLF will not use your User Submission for any other commercial purposes without obtaining your prior approval.
When using the Network, you will be exposed to User Submissions from a variety of sources. The INBLF 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 the INBLF with respect thereto, and agree to indemnify and hold the INBLF and its affiliates, and their respective officers, directors, members, employees and agents, or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
The INBLF has the right, but not the obligation, to review any User Submissions and delete any User Submission that in the sole judgment of the INBLF violates this agreement or which may be offensive, illegal, violate the rights, harm or threaten the safety of any member or create liability for the INBLF or any member. The INBLF reserves the right, but has no obligation, to investigate and take appropriate legal action in its sole discretion against you if you violate this provision or any other provision of this agreement, including without limitation, removing the prohibited content from the Network, terminating your account, reporting you to law enforcement authorities and taking legal action against you.
8. Miscellaneous Provisions
These Terms of Use, together with the Privacy Policy, constitute the entire agreement between INBLF and its users. If any portion of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining terms and conditions, which shall remain in full force and effect. In the event that the INBLF fails to enforce any of these terms and conditions, such failure does not constitute a waiver. Moreover, any explicit waiver made by the INBLF as to any term or condition does not constitute a waiver of any other term or condition. The user may not transfer any of his or her rights or obligations to anyone else without written consent of the INBLF. The INBLF retains the right to freely assign its own rights and obligations.
Questions: If you have any questions concerning our Terms of Use please contact the INBLF at [email protected].
Effective: April 14, 20121
Last Updated: April 14, 2012