Michael’s Insight Website Terms of Use
Last Revision Date: August 18, 2008
Welcome to www.MichaelsInsight.com (“Website”), a service of Michael Willner, CEO of Insight Communications Company, Inc. These Terms of Use inform visitors of the rules and policies that govern this Website. We use the terms “visitors” and “you” to include any person that accesses this Website at any point for any amount of time, and we use the terms “we”, “us” and “our” to refer to Michael Willner, his employees and agents, the operator of this Website.
Binding Terms of Use
These Terms of Use constitute a binding legal contract between you and us and sets forth the terms that govern your access to the Website. PLEASE READ THESE TERMS OF USE CAREFULLY. BY VIEWING, BROWSING, ACCESSING OR USING THIS WEBSITE, THROUGH AUTOMATED PROCESSES OR OTHERWISE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. We reserve the right to modify these Terms of Use in the future as we deem necessary. If we do modify these Terms of Use, we will post the updated Terms of Use on this Website and change the “Last Revision Date” above to reflect the date of the changes. By continuing to use this Website after we post any such changes, you accept the Terms of Use as modified.
Disclaimers
The Website has been created by Michael Willner, CEO of Insight Communications Company, Inc., and contains comments and opinions expressed by him. Such comments and opinions reflect his personal viewpoint and not necessarily those of Insight Communications Company, Inc. Similarly, the views expressed by outside contributors, whether in comments posted on this Website or in material linked to or made accessible from the Website, do not represent the views of Michael Willner, Insight Communications Company, Inc., its management or its employees. You acknowledge that any reliance upon any such opinions, comments, statements or other information shall be at your sole risk and you agree that we will not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any content displayed or distributed on our Website.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS AND RELIABILITY OF ALL CONTENT ON THIS WEBSITE. THIS WEBSITE, AND THE INFORMATION AND CONTENT ON THIS SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WE DO NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY CONTENT OR INFORMATION PROVIDED ON THIS WEBSITE AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NONINFRINGEMENT, WITH RESPECT TO THIS WEBSITE AND ANY INFORMATION OR CONTENT ON THIS WEBSITE (INCLUDING THIRD PARTY INFORMATION).
Rights and Restrictions Relating to Website Content
The content and information available through this Website constitutes our property or the property of our affiliates, advertisers, users, third party partners and/or licensors, and is protected by state, national and international copyright, trademark and other intellectual property laws. Unless otherwise specified, this Website is intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any content or material, including code or software, from the Website. You may print material from the Website provided you keep intact all copyright and other proprietary notices.
You may establish a hypertext link to this Website so long as the link does not state or imply any sponsorship of or affiliation with your site by us. However, you may not, without our prior written permission, frame any of the content of the Website or incorporate into another website or other service any material, content or intellectual property belonging to us, or any affiliated companies, or any of our or their licensors.
You will be solely responsible for any and all content and materials of whatever nature that you post, upload, submit or transmit to this Website. By submitting any material or content via this Website, you represent that you are the owner of the material, or are making your submission with the express consent of the owner. You grant us, including our partners, agents, affiliates and service providers, a worldwide, royalty free, perpetual and non-exclusive license to reproduce, modify, disclose, create derivative works from, distribute, perform and display (in whole or part) any materials that you post in public areas of this Website as we see fit in any medium and for any purpose. You also agree that we, including our partners, agents, affiliates and service providers, may identify you as the author of any of your postings by name, email address or screen name as we deem appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. You will not receive any compensation of any kind for any materials submitted by you to a public posting or interactive area of the Website.
By using this Website, you agree that you will not submit, post or otherwise make available on the Website any content or material that:
is profane, sexually explicit, tortious, vulgar, obscene, libelous, abusive, or unlawful, or infringes the rights of others or interferes with the ability of others to enjoy the Website;
harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
harms minors in any way;
impersonates any person or entity, including, but not limited to, an employee or agent of this Website, a forum moderator or another user, or that falsely states or otherwise misrepresents your affiliation with a person or entity;
includes personal or identifying information about another person without that person's explicit consent;
is false, deceptive, misleading, or deceitful;
infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party;
you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
constitutes or includes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website or any computer software or hardware or telecommunications equipment;
interferes with or disrupts the Website or servers or networks connected to the Website, or disobeys any requirements, procedures, policies or regulations of networks connected to the Website; or
intentionally or unintentionally violates any applicable local, state, national or international law.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via this Website in a manner that constitutes copyright infringement, you (or your agent) may send us a notice of such infringement in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA may permit you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.copyright.gov. Notices and counter-notices should be sent to:
Designated Agent: Sherman Hand, Director of Security.
Postal Mail Address:
Sherman Hand, Director of Security
www.MichaelsInsight.com
c/o Insight Communications
10200 Linn Station Road, Suite 125
Louisville, KY 40223
Telephone Number: (502) 410-7145
Facsimile Number: (502) 410-7101
E-mail Address: dmca@insightbb.com
The contact information provided in this paragraph is for suspected copyright infringement only. Please do not use it to contact us for other matters.
Links to Third Party Sites
This Website may include links to websites offered or maintained by third parties. Linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such external websites, and are not responsible or liable for any content, including, without limitation, advertising, products, or other materials, on or available from such sites. In addition, a third party may have privacy and data collection practices that are different from ours, and we have no responsibility or liability for these independent policies; we recommend that you read all applicable policies of such third party website(s) before submitting any personally identifying information.
Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS WEVSITE, OR OF ANY INFORMATION OR CONTENT ON THIS SITE (INCLUDING THIRD PARTY INFORMATION). IF YOU ARE DISSATISFIED WITH THIS WEBSITE, OR ANY CONTENT ON THIS WEBSITE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, AND IN NO EVENT WILL OUR AGGREGATE MAXIMUM LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY) IN ANY WAY CONNECTED WITH THIS WEBSITE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR FIFTY DOLLARS (US $50) (WHICHEVER IS LESS). (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability is limited to the fullest extent permitted by such state law.)
Indemnification
You agree to indemnify, defend and hold us and our affiliated companies, directors, officers, employees, agents, licensors, suppliers and any third party information providers, harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation by you of these Terms of Use or arising out of information, content or material that you submit, post or transmit on this Website.
Termination
You agree that, in our sole discretion, we may terminate your right to use this Website, or any part of the Website, at any time, and may remove and discard any materials that you submit to the Website, without notice, for any reason (including without limitation in the event we believe you have violated, or acted inconsistently with the letter or spirit of, these Terms of Use). The restrictions imposed on you with respect to material accessed via the Website, and the disclaimers and limitations of liabilities set forth in these Terms of Use, will survive any such termination.
Miscellaneous
This Website is operated in the United States, and these Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. We make no representation that any material or content on this Website is appropriate or available for access or use in other locations. Visitors who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any dispute arising out of or relating to these Terms of Use or to any access or use of this Website will be subject to the exclusive jurisdiction of the state and federal courts located within the state of New York, and you hereby expressly submit to the personal jurisdiction of such courts. If any provision in these Terms of Use is held invalid, void or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of these Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website, or these Terms of Use, must be filed within one year after such claim or cause of action arose or be forever barred, and you irrevocably waive any right you may have to a jury trial in any such claim or cause of action.
