TERMS OF USE AND SERVICE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE WITH A DOMAIN OF WWW.IPBAONLINE.COM (THE "SITE") OPERATED BY IPBA, AND THE SERVICES, FEATURES AND FUNCTIONALITY ACCESSIBLE BY AND THROUGH THE SITE (COLLECTIVELY AND TOGETHER WITH THE SITE, THE "SERVICES") FROM IPBA. BY ACCESSING OR USING THE SERVICES YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AS IPBA MAY MODIFY THEM FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DISCONTINUE YOUR USE OF THIS SERVICE IMMEDIATELY.

This Terms of Use agreement (the "Agreement") sets forth the terms and conditions that apply to your use of the Services offered by International Professional Basketball Association ("IPBA"). The Services include all means by which IPBA provides content to you or receives content from you, including, without limitation, www.ipbaonline.com, downloadable software applications, delivery of various content to you at your request, mobile web sites, mobile downloadable applications, services that allow you to submit content to IPBA, blog submission services, chat rooms and message boards. Many of the Services may currently be accessed via the site located at http://www.ipbaonline.com ("Site"). In some cases, IPBA's provision to you of products and services featured on or offered through the Site may be subject to additional terms and conditions.

1. Restrictions on Use
IPBA may, in its sole discretion, discontinue, alter or limit the availability of any aspect of the Services and the Site, including, but not limited to:
i. restricting the time of availability;

ii. restricting the availability and/or scope of the Services or restricting the availability of certain content to certain platforms or to certain users;

iii. restricting the amount of use permitted; and

iv. restricting or terminating any user's right to use all or part of the Services, at any time in IPBA's sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone) associated with connecting to the Services through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Services. You certify that you are an individual (i.e., not a corporation). The Services and Site are owned and operated by IPBA and its affiliated companies and contains material that is derived in whole or in part from material supplied and owned by IPBA and other sources. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Services, including but not limited to code and software ("Material").

2. Membership Rules and Guidelines

a. Registration and Authentication
Should IPBA choose to provide member based services or services that are only made available to certain users who meet certain criteria, when you register to use these Services or submit information for authentication, you will be required to provide certain information about yourself. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if IPBA suspects that your information is untrue or inaccurate, not current, or incomplete, IPBA may, in its sole discretion, suspend or terminate your membership and/or access to certain content or features and refuse current or future access to the Service. Any personal information supplied hereunder will be subject to the terms of our privacy policy. Only adults 18 years and older may register with the Services. There may be areas within this Site that require use of a credit card . IPBA reserves the right to make changes to the Service at any time.

b. Your Account
Should IPBA provide to you a password that allows you to access certain parts of the Services, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify IPBA of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Services at the end of each session to prevent fraud on your account by third parties. In order to purchase merchandise or participate in other services/products ("Products") offered for purchase through the Site, you may be required to provide complete and accurate personal information, which may be different than the information you provided upon registration. This information may include, without limitation, your name, address, telephone number, e-mail address, credit card information and billing address. Our Privacy Policy explains how such information collected via the Site may be used by us. Your ability to purchase products and services offered for purchase through the Site is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. By utilizing a credit or debit card for purchase of any of the Products offered for purchase through the Site, you authorize us to charge such card on a periodic basis as specified in the amount described on the applicable product or service.

c. General
IPBA may choose to send you e-mail newsletters or alerts on a variety of topics or you may register to receive emails on various topics. You may elect during registration not to receive e-mail newsletters, and you may start or stop receiving such e-mail newsletters or alerts at any time by sending an e-mail to an address that shall be designated for that purpose, as may be detailed in such e-mail communications. With your permission, IPBA may send you e-mails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may elect during registration to receive these e-mails, and you may start or stop receiving such e-mails at any time by sending an e-mail to an account that shall be designated for that purpose as may be detailed in such email communications.
d. Rules for Use of the Services
It is a condition of your use of the Services that you do not:
i. restrict or inhibit any other user from using and enjoying the Services;

ii. post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any images or other material depicting Nudity (as herein defined) and as determined by IPBA in its sole discretion;

iii. post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments as determined by IPBA in its sole discretion, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use of viruses, bots, worms or trojan horses;

iv. post or transmit any information, software or other material that is fraudulent or violates or infringes the rights of others, including, without limitation, material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder;

v. post or transmit any information, software or other material that contains a virus or other harmful component;

vi. post or transmit content that encourages or provides instructional activities about illegal and/or prohibited activities, including, but without limitation, hacking, cracking, phreaking, executing hidden code to gain extra points, playing a game multiple times when the rules clearly state that is not allowed;

vii. post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, "junk mail," "spam," or "chain letters";

viii. solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;

ix. impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;

x. create multiple "clone" accounts solely with the intention of voting for yourself multiple times on tasks and/or polls;

xi. resell, redistribute, broadcast or transfer the information or use the information derived from the Services in a searchable, machine-readable database;

xii. use the Service to collect personally identifying information about users of the Services in violation of our Privacy Policy;

xiii. disguise a file type to thwart IPBA's detection processes;

xiv. post or transmit any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; or

xv. attempt to gain unauthorized access to other computer systems or networks connected to the Services.
For the purposes of this Agreement, "Nudity" shall include, without limitation, images depicting persons with unclothed genitalia or persons wearing transparent clothing over genitalia and shall be determined in IPBA's sole discretion. You agree that you will not use the Services, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. IPBA, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision. You may not use any material in connection with any site or other use that contains or is associated with information or content prohibited by this section.
e. Monitoring
IPBA has no obligation to monitor the use of the Services by members. You acknowledge and agree that IPBA reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Services constitutes consent to such monitoring. Furthermore, IPBA reserves the right at all times to disclose any information posted on any portion of the Services as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in IPBA's sole and absolute discretion are objectionable or in violation of this Agreement.
f. License
By uploading files, inputting data, or engaging in any other form of communication (a "Communication") through the Services you are granting IPBA a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any such Communication, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of IPBA.

3. User Content
The term "User Content" shall include any materials or information submitted by you, including, without limitation, your name, likeness, videos, photographs, recordings, writings, statements, audio materials, audiovisual materials, ideas or other material furnished by you to IPBA through the Site or otherwise.
ORIGINALITY; RIGHTS: Any User Content that you post or upload on this site must be either (a) an original work by you that does not copy or use other works (such as dialogue from plays, recordings of musical works or clips from other videos, television programs or motion pictures) or (b) User Content for which you have all rights and permissions necessary to grant the rights hereunder. In addition, your User Content must not infringe or violate any rights of any third party or entity, including, without limitation, copyright, trademark, defamation, privacy, publicity, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or any contractual rights. Before posting User Content, you must have all the rights, licenses, permissions and consents necessary to submit the User Content and to grant all of the rights that you have granted to IPBA under these Terms of Service. Before you post User Content, you must have the express consent of everyone who appears in the User Content to submit the User Content for use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity. If you submit an image of someone who is under 18 years of age who is not your child, you must have the permission of that child's parent or legal guardian.
RIGHTS IN CONTENT: By uploading or inputting User Content to IPBA you hereby acknowledge and agree that you are granting IPBA, including without limitation its licensees, successors and assigns, the perpetual and irrevocable, non-exclusive right and license to: (a) use, copy, create derivative works from, reproduce, distribute, display, exhibit, host, cache, store, archive, index, categorize, comment on, tag, transmit, broadcast, stream, edit, alter, modify, synchronize with visual material, create algorithms based thereon, and transcode the User Content to appropriate media formats, standards or mediums; and (b) otherwise use, exhibit and exploit, and sell, license, assign and otherwise transfer to third parties the right to use, exhibit and otherwise exploit the User Content (in whole or in part and as altered by IPBA in its sole discretion) throughout the world in perpetuity, in any and all media, whether now existing or hereafter devised, including, without limitation, on the IPBA television network, and on all owned and affiliated broadcast and cable networks, as well as in connection with any distribution or syndication arrangement with third parties or third party sites, in any media format or medium and through any media channels and for any purpose, including, without limitation, downloads, streams, in audio visual recordings, motion pictures, television programs, productions, advertising, promotion and publicity, including, without limitation, advertising, promotion and publicity for, IPBA and other websites, television channel(s) and its programming, and all owned and affiliated broadcast and cable networks and channels and their programming, all without further notice to, consent from or payment to you. You waive any and all "moral rights" you may have in the User Content.

Without in any way limiting the foregoing, you acknowledge and agree that IPBA, its licensees, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to IPBA under this Agreement, and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. You acknowledge and agree that IPBA, its licensees, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in this Agreement obligates or may be deemed to obligate IPBA or any other person or entity to exercise any of the rights granted by you under this Agreement. IPBA and their successors, licensees and assigns, will have the unlimited right to assign this Agreement and the rights granted by you under this Agreement at any time, in whole or in part, to any party.

You grant the rights hereunder whether or not your User Content or any part thereof is actually used by IPBA. You acknowledge that your consideration for the rights you grant in your User Content is the possibility that IPBA its licensees, successors and/or assigns will review or use your User Content. You will not receive any further compensation of any kind for your User Content or the use thereof, and you agree that IPBA, its licensees, successors and/or assigns in their sole discretion, shall have the right to give you no credit or determine in what form to give you credit for any use of your User Content. Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between IPBA and/or any other person or entity, on the one hand, and you, on the other hand.

In addition to all of the legal and equitable rights and remedies available to IPBA in connection with these terms or your User Content, you acknowledge and agree that IPBA shall have the right, in its sole discretion, not to post the User Content on any website, to remove the User Content from any website on which it has been posted, and not to use, exhibit or otherwise exploit your User Content in any manner whatsoever. Furthermore, IPBA shall have the right to suspend or terminate your access to any IPBA or related websites and refuse to grant you access to use any IPBA or related website in the future with or without warning if IPBA, in its sole discretion, believes you have: (i) violated or tried to violate the rights of IPBA; or (ii) violated or tried to violate any of the representations, warranties or other terms or conditions of this Agreement; or (iii) acted inconsistently with any of the terms or conditions of this Agreement. IPBA has no obligation to inform you of any decision not to post, to remove, or not to use, exhibit or otherwise exploit your User Content.

You recognize that other persons, including IPBA own employees, may have submitted to IPBA or others, or made public, or may in the future originate and submit, or make public, materials that are similar or identical to your User Content. You acknowledge and agree that IPBA, its licensees, successors and/or assigns shall have the right to use such similar or identical materials, and that you will not be entitled to any compensation because of IPBA or its licensees', successors' and/or assigns' use of such similar or identical materials. Nothing in this Agreement, or your submission of the User Content, shall be deemed to place you in any different position from any other member of the public.

USE OF NAME AND LIKENESS: By sending IPBA your User Content, you consent to the recording, use and reuse by IPBA, their licensees, successors and assigns, of your voice, actions, likeness, name, appearance, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content (collectively, "Personal Elements"), as edited, altered, fictionalized or modified by IPBA, in their sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with the Site, or related websites, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity. You acknowledge and agree that IPBA and their licensees, successors and assigns, may use all or any part of your Personal Elements, and may make any changes that any of them may deem necessary, in their sole discretion, including altering, fictionalizing or modifying them regardless of whether or not you are recognizable.

OWNERSHIP: Except as expressly set forth in this Agreement, you shall continue to own all rights in and to the User Content. To the extent your User Content contains other materials or elements owned by IPBA or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws.

4. Content on the Services
Communications and User Content posted through the Services are provided by users such as you who are unaffiliated with IPBA, and the user providing each such Communication or User Content is solely responsible for the content thereof. This means that you, and not IPBA, are entirely responsible for all User Content and Communications that you upload, post, email or otherwise transmit via the Services. In using the Services or receiving e-mail messages from members through the Services, you should not assume that such messages have been reviewed by IPBA, that such Communications contain correct information, or that the persons posting such User Content and Communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Services, you may be exposed to User Content and Communications that are offensive, indecent, or objectionable. Under no circumstances will IPBA be liable in any way for any communication, including, but not limited to, liability for any errors or omissions in any User Content or Communication, or for any loss or damage of any kind incurred as a result of the use of any User Content or Communication posted, e-mailed, or otherwise transmitted via the Services.

5. Rules for Chat rooms, Message Boards, and Other User-Supplied Material
Portions of this Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others ("Post" or "Postings"). Postings do not reflect the views of IPBA and IPBA does not have any obligation to monitor, edit or screen any Postings, but may do so in its sole discretion. Notwithstanding anything else in these Rules of Conduct or IPBA should not be seen as endorsing any Post in any way. Neither IPBA nor its respective officers, directors, and employees, partners and/or affiliates shall be liable for any Posting that is in violation of this Agreement. You acknowledge that anything you submit to IPBA by way of any Posting is routed through IPBA's servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Postings and features on the Site are postings for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
If a Posting originates from you or your account, you hereby agree not to post any materials that
a. interfere with anyone else's use of the Site;
b. are abusive, illegal, defamatory, libelous, indecent, obscene, offensive, or threatening in any way;
c. encourage anyone to break the law;
d. violate anyone's copyright, trademark or other property right;
e. interfere with the privacy of any other user;
f. contain a virus or any other harmful component; or
g. contain false or misleading statements of fact or descriptions of the origin of the material or the Communication. You agree to comply with any additional terms which are referred to on this Site or any subsite within the website.
The message boards provided on IPBA are for the purpose of exchanging views and information about opportunities and activities relating to basketball. IPBA reserves the right to terminate the account or suspend the posting privileges of anyone who Posts materials unrelated to these topics.

You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although IPBA may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like, IPBA is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. IPBA may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate IPBA' policies in any way. Further, IPBA reserves the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so. IPBA will fully cooperate with any law enforcement authorities or court order requesting or directing IPBA to disclose the identity of anyone posting such materials. You may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity without IPBA's express written permission.

If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement, please click here to send us a message about it. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

6. Merchants
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. IPBA will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Services.

7. Disclaimers
IPBA is not responsible for any incorrect or inaccurate User Content or other content posted on the Site or in connection with IPBA's Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on IPBA may contain links to other websites. IPBA is not responsible for the content, accuracy or opinions expressed on the Site or Services, and IPBA has in no way investigated, monitored or checked for accuracy or completeness. Inclusion of any linked website on IPBA does not imply approval or endorsement of the linked website. When you access these third-party sites, you do so at your own risk. IPBA takes no responsibility for third party advertisements which are posted on or through IPBA or through Services, nor does it take any responsibility for the goods or services provided by its advertisers. IPBA is not responsible for the conduct, whether online or offline, of any User of IPBA or the Services provided through the site. IPBA assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. IPBA is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall IPBA be responsible for any loss or damage, including personal injury or death, resulting from use of the IPBA' Services, attendance at a IPBA event, from any User Content or other content posted on or through IPBA, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and IPBA expressly disclaims any warranty of merchantability, fitness for a particular purpose or non-infringement. IPBA cannot guarantee and does not promise any specific results from use of the Services.

8. Limitation on Liability
IN NO EVENT SHALL IPBA OR ITS AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICES, IPBA'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF IPBA OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IPBA, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
9. Indemnification
You agree to defend, indemnify and hold harmless IPBA, its affiliates, licensors and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Services; (c) any breach of any of the representation, warranties or other terms or conditions or any use of your User Content or Personal Elements (d) any non-compliance by you with the terms and conditions of this Agreement; and (e) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Services or your Content to the Services, including the information obtained through the Services.

10. Termination
IPBA may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Service, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Service, or (vi) failure to use the Service or portion thereof on a regular basis. You may terminate your membership hereunder upon thirty (30) days written notice by you to by IPBA of your intent to terminate this Agreement. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which IPBA may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to IPBA and its licensors.

11. Trademarks
All trademarks, service marks and trade names used on the Services are the property of IPBA and/or their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of IPBA or the owner of such trademark, service mark or trade name, except as explicitly permitted under this Agreement.

12. Infringement Policy
IPBA, 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 the Service 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. IPBA 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), IPBA 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 IPBA in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:
By mail:
IPBA
Attn: DMCA Agent
[PO Box 312336
Atlanta, GA 31131]


By e-mail: dmca@ipbaonline.com
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:
A. 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.

B. 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.

C. 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.

D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.

E. 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.

F. 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.
15. Modification
IPBA reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Services. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Services, via e-mail or any other reasonable means. Continued use of the Services by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.

16. Export Control
Information unless otherwise specified, the materials on the Services are presented solely to provide information regarding and to promote IPBA's Services and other products available in the United States, its territories, possessions and protectorates. The Service is controlled and operated by IPBA from its offices within the state of Georgia, United States of America. IPBA makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Service 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.

17. Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Atlanta, Georgia, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Services. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by IPBA to provide the Services hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of IPBA. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Services or access to the Services. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.

18. ARBITRATION
PLEASE READ CAREFULLY. UNDER THIS SECTION 18, YOU ARE GIVING UP YOUR LEGAL RIGHTS TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT OR YOUR SUBMISSION.

IF ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE BREACH OF ANY TERM HEREOF OR YOUR SUBMISSION CANNOT BE SETTLED AMICABLY, THE PARTIES AGREE THAT IT SHALL BE RESOLVED BY BINDING ARBITRATION CONDUCTED IN ATLANTA, GEORGIA, AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. ALL ARBITRATION PROCEEDINGS, INCLUDING DOCUMENTS FILED IN THE COURSE OF SUCH PROCEEDINGS, AND THE FACT THAT THE ARBITRATION IS BEING CONDUCTED, SHALL BE CONFIDENTIAL. THE ARBITRATOR'S DECISION SHALL BE CONTROLLED BY THE TERMS OF THIS AGREEMENT. UPON CONCLUSION OF ANY ARBITRATION PROCEEDINGS HEREUNDER, THE ARBITRATOR SHALL RENDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND A WRITTEN OPINION SETTING FORTH THE BASIS AND REASONS FOR ANY DECISION HE OR SHE HAS REACHED AND SHALL DELIVER SUCH DOCUMENTS TO EACH PARTY TO THE AGREEMENT ALONG WITH A SIGNED COPY OF THE AWARD. ANY JUDGMENT UPON AN AWARD RENDERED BY AN ARBITRATOR MAY BE ENTERED IN ANY STATE OR FEDERAL COURT IN ATLANTA, GEORGIA HAVING JURISDICTION OF THE SUBJECT MATTER HEREOF. YOU MAY COMMENCE AN ACTION AT LAW FOR THE SOLE PURPOSE OF ENFORCING AN ARBITRATION AWARD. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IN NO EVENT SHALL YOU HAVE ANY RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST IPBA, OR AFFILIATED COMPANIES, ITS LICENSEES, SUCCESSOR OR ASSIGNS, OR ANY OTHER PARTY ARISING OUT OF ANY USE OR NON-USE OF THE SUBMISSION. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT IPBA MAY NONETHELESS (1) SEEK TO OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THIS AGREEMENT, AND (2) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH JURISDICTION. YOU MUST COMMENCE A FORMAL ARBITRATION PROCEEDING PURSUANT TO THIS AGREEMENT WITHIN SIX MONTHS AFTER THE DATE ANY SUCH CLAIM ARISES; FAILURE TO DO SO WITHIN THAT SIX-MONTH PERIOD SHALL BE DEEMED AN IRREVOCABLE WAIVER OF ANY RIGHTS YOU MIGHT HAVE PURSUANT TO THIS AGREEMENT WITH RESPECT TO ANY CLAIM AGAINST YOU.

19. Member Disputes
You are solely responsible for any interaction with other members or visitors to IPBA, and the site reserves the right but shall have no obligation to monitor disputes between you and any other member of IPBA.
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