Terms and Conditions of Use
This website page states the Terms and Conditions under which You (User, Your) may use In-Portal.com and In-Portal.org (the Site, Website, We, Us, Our, Community) and In-Portal Software (In-Portal CMS). Please read these terms and conditions, carefully, and if you do not accept them, do not use this Website or Service.
By using the Site, you are indicating your acceptance to be bound by these Terms and Conditions. We may revise these Terms and Conditions at any time by updating this document, and you should visit this page periodically to review the Terms and Conditions, because they are binding on you.
The term "you" refers to all individuals and/or entities accessing this Website for any reason. If you have obtained any commercial support services, you may have entered into a Service Agreement in which case these Terms and Conditions, are part of and incorporated into that Service Agreement.
These Terms and Conditions are effective as of January 1, 2010.
2 Binding Agreement
These Terms and Conditions form a binding agreement (the "Agreement") between you and In-Portal. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site and the Software at your own risk.
You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site or the Software for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.
The following definitions apply to this Agreement:
1. “In-Portal.com”, “In-Portal.org”, “Website”, “Web Site”, “Site” includes In-Portal.com and In-Portal.org websites in entirety and its related websites owned or operated by the In-Portal Community, and includes their Content, Tools, Text, Graphics, Design, Programming, and Services as applicable in the context.
2. “In-Portal”, “We”, “Us”, “Our”, “In-Portal Organization”, “Organization” means In-Portal, an Illinois non-profit 501(c)(3) organization operating the Website.
3. "You", "Your" means the individual or entity that is agreeing to these Terms and Conditions
4. “User” means any individual or entity that uses any aspect of the Site.
5. “Community Member”, “Contributor” means any User that registered (opened an account) with the Website.
6. “Services” means any services provided by the Website.
7. “Software”, “In-Portal” Software, means the In-Portal CMS software (computer code) or modules distributed under the GNU GENERAL PUBLIC LICENSE (http://www.in-portal.org/license), or any other software (computer code) that can be downloaded or accessed through the Website.
8. “Content” includes all “Text”, “Graphics”, “Design”, “Downloadables”, “Profiles”, and “Programming” used on the Site.
8.1. “Text” includes all and any text on every page of the Site (whether instructional, navigational or editorial).
8.2. “Graphics” includes all images, logos, icons, buttons, and any other graphical elements on the Site, with the exception of paid advertising banners.
8.3. “Design” includes use of color combinations, Graphics and Text, and the layout of all pages of the Site.
8.4. “Downloadables” or “Files” includes any files (including but not limited to Software files) uploaded to or downloadable from the Site.
8.5. “Profiles” includes any information on the Site that is uploaded or posted by Users of the Site (including but not limited to name, contact information, images, and any postings).
9. “Concepts” includes all business and technical ideas, patents (including provisional patents), processes and methodologies used on the Site.
4 Ownership and Proprietary Notes
© 2010 In-Portal. All Rights Reserved.
The Site, including all Content, is the property of In-Portal Organization. No portion of the Content (including but not limited to Text, Graphics, Design, Downloadables, Profiles, and Programming) used anywhere on the Site may be transferred, sold, reprinted or republished (other than as is necessary to view the page on your monitor) in any form without the express written permission of In-Portal.
“In-Portal™”, “In-Link”, “In-Commerce”, “In-Bulletin”, “In-News”, “In-Auction” are registered trademarks / service marks owned by In-Portal or pending registration in the United States and internationally.
All other trademarks and/or service marks used one this Site are the trademarks and/or service marks of their respective owners.
In-Portal Software (including its modules) is protected by the GNU GENERAL PUBLIC LICENSE (http://www.in-portal.org/license)
The Site is owned and operated by In-Portal in conjunction with others pursuant to contractual arrangements. Unauthorized use of the Site or Content on the Site may violate copyright, trademark, patent and other laws and is prohibited. You acknowledge that you do not acquire or seek to acquire any ownership rights by using the Site.
You must be 16 (sixteen) years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use the Website in any manner. By visiting Website or accepting these Terms and Conditions, You represent and warrant to In-Portal that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms and Conditions. You also represent and warrant to In-Portal that You will use the Website in a manner consistent with any and all applicable laws and regulations.
6 Use of the Site and Content
6.1 Use of Site Content
We permit you to view and access a single copy of the content available on or from the Website solely for your use, unless otherwise specified. Content of the website, such as text, graphics, images, downloadables, logos, buttons, and any other Web Site content, are protected under United States copyright, trademark and other laws. All content on this Site is the property of In-Portal. The arrangement of all content on the site is also the exclusive property of the Organization and protected by U.S. copyright laws.
Unauthorized use of the Web Site Content may violate copyright or trademark or both and you must retain all copyright, trademark, service-mark, and other proprietary notices contained in the original content on any copy you make of the Website Content.
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. Use of the Content on any other web site or in another environment (including but not limited to any networked computer environment) for any purpose is prohibited, unless expressly permitted in writing by us.
6.2 Permitted Site Uses
6.2.1 General Rules
In-Portal hereby grants you limited, terminable and non-exclusive right to use the Website for information purposes or to make use of or contribute to the In-Portal Software as long as you adhere to these Terms and Conditions. Community Members or Contributors may register on the website. You will not be regarded as, or have the privileges of, a Community Member until and unless you receive an E-mail or other written communication from us confirming your registration and acceptance.
You may not use any part of the Site in order to modify, sell, transmit, distribute, store or destroy material, including without limitation Website Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
You may not use the Site or the Content on the Site in any way for any private, public or commercial purpose, in connection with products or services that are not those of In-Portal, in any other manner that is likely to cause confusion, that disparages or discredits In-Portal, dilutes the strength of property of In-Portal, or that otherwise infringes intellectual property rights or In-Portal.
In-Portal reserves the right to limit the amount of data and set download quotas (including resume downloads) that may be accessed by You in any given time period. These quotas may be amended in In-Portal’s sole discretion at any time.
6.2.2 Security Rules
You must not, directly or indirectly, violate or attempt to violate the security of our Site. Such activity includes, but is not limited to:
1. Accessing or attempting to access data not intended for you, logging into a server or account which you are not authorized to access, or attempting to obtain such access by any known or unknown method.
2. Attempting to probe, scan, decrypt or test the vulnerability of a system or network or to breach security, encryption or authentication measures without proper authorization.
3. Interfering or attempting to interfere in any way with any User or service to any User or entity using In-Portal, by any means, known and unknown, including but not limited to viruses, spamming, probing, and ‘phishing’ techniques.
4. Forging or attempting to forge any TCP/IP packet header or any part of the header information used in any services of the Website.
5. Attempting to purchase or making any purchases with stolen or fraudulent credit card or contact information and without a proper authorization from the credit card holder.
Such violations of security may result in civil or criminal liability to you. We will investigate actual and potential violations of our site security and may summon and cooperate with law enforcement authorities (including FBI) in prosecuting anyone involved in such violations of our security.
6.3 Specific Prohibited Uses
The Website may be used only for information purposes to general users and for lawful purposes by Users or Community Members. We specifically prohibit, and you agree not to use the Site or the Software for any of the following:
1. Posting or uploading any false, offensive, derogatory, defamatory, obscene, threatening, abusive, hateful, misleading, deceptive or unlawful information, or any information violating Rules of Conduct (http://www.in-portal.org/open-source-cms/rules-of-conduct.html) for any purposes.
2. Posting, uploading, or committing into code repository or issue tracking, or anywhere on the Website, any software or code containing any malicious or disruptive code (including but not limited backdoors, malware, spyware, adware, viruses, Trojans, etc.)
3. Posting, uploading, or committing into code repository or issue tracking, or anywhere on the Website, any materials that are not work of your own or that violate any licensees, international laws, trademark and copyright laws, privacy laws, Project’s Mission Statement, and any other rules or laws.
4. Sending unsolicited or irrelevant mail, e-mail, and faxes, or making unsolicited or irrelevant phone calls to Community Members or Users.
5. Deleting or revising any material or Content posted by any other person or entity.
6. Attempting or use of any tactics, methods or techniques to affect the Website’s search results.
7. Pose as another registered Users or Community Member by falsifying information or using another User’s identity or login information.
8. Using any means whatsoever to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the site, or taking any action which imposes an unreasonable or disproportionately large load on our Site's infrastructure.
9. Disclosing to or sharing any membership password with anybody, or using the password for any unauthorized purpose.
10. Notwithstanding anything to the contrary contained herein, using or attempting to use any device or software (including but not limited to scripts, browsers, spiders, robots, avatars or intelligent agents) to automatically search, ‘crawl’, index, parse, or navigate the site, other than our own inbuilt search engine using recognized browsers, or unless you are a recognized and legitimate search engine, such as those owned and operated by Yahoo®, Google™ or MSN®, whose purpose is to ‘crawl’ and index the site for the purpose of listing and ranking the site in their search engine. Whether or not a search engine meets these criteria will be determined by us in our sole discretion. We specifically forbid any use of software or hardware designed to automatically collect and extract information from the Website (including but not limited to Website Content).
11. Collecting or copying, in any manner, any of the Website Content or information available from the Site.
7 User Registration and Information
7.1 Quality of Information
Each Community Member Profile and information on the Website is on an “as is” basis. In-Portal does not evaluate the individual, but rather relies on the honesty of that individual. In-Portal cannot warrant that a User is who he or she claims to be.
7.2 User Submissions
You are responsible for your own communications and are responsible for the consequences of their posting on the Site. You must not, and by using the Site you agree not to: post material that is the intellectual property or trade secret of somebody else, unless you can show that you have permission from that person to do so; post anything that infringes the privacy of others; post anything that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post material that is off-topic; post a sexually explicit image or statement; post advertisements or solicitations of business; post chain letters or pyramid schemes; impersonate another person; post material that contains viruses, or any variation of what are commonly called viruses, designed or intended to damage or interfere with the normal operation of the site, the Software, or the content or information on the Site, or on the systems of other users of the site.
7.2.1 Quality of Submissions
In-Portal does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by you or other users, or endorse any opinions expressed by users. You acknowledge that if you rely on material or information posted by others, you do so at your own risk.
In-Portal acts as a passive connection for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. However, whether notified by a user, or by anybody else, the Organization reserves the right to take any action it deems necessary or appropriate, in its sole discretion, to protect itself and users from violation of the law or the terms governing communications and information, including but not limited to removal of communication or expulsion of Users.
7.2.2 License of Submissions
By submitting a transmission or any content (including but not limited to Software or computer code) to any part of the Site, you grant In-Portal complete, perpetual, royalty and fee-free non-exclusive rights to that transmission, and license to use that submission or any part of it in under GNU GENERAL PUBLIC LICENSE and / or under these Terms and Conditions. You also warrant that anybody holding rights in that submission has effectively waived those rights in their entirety and has granted you the right to grant the foregoing license to In-Portal, and permission for the submission to be viewed by anybody who happens to see the submission. Subject to these foregoing terms, however, the owner of such a submission retains any and all rights in it.
Any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the Website, or are otherwise misleading, are prohibited.
7.3 Registration and Passwords
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR LOGIN INFORMATION AND PASSWORD. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR ALL USES OF YOUR REGISTRATION AND ANY AND ALL ACTIVITIES CONDUCTED THROUGH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU, AND YOU AGREE TO NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR REGISTRATION OR PASSWORD BY SENDING AN E-MAIL TO SECURITY [AT] IN-PORTAL.COM.
8 Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. When In-Portal publishes material on our Site, which has not been written by us, we always attempt to locate and contact the copyright owner to ask his or her permission to publish. If that is not possible, because the piece carries no copyright or does not identify or suggest a means to contact the copyright owner, we may publish the material or provide a link to the material, on the basis that the Internet is an information source, and we are providing information to a user. Access to our information is free and no profit is derived from that publication. The purpose of the publication is to inform, educate and sometimes to comment upon it.
If you believe that your copyrighted work has been uploaded, posted or copied to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing the copyright;
3. Identification of the URL or other specific location on this web site where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
4. Your name, address, telephone number and your e-mail address;
5. A statement by you that you have a good faith belief that use on the web site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
7. If we find that we have indeed infringed copyright, our liability in such a case will be limited to removal of the copyrighted material from our site.
Andrew Kucheriavy has been designated as our agent to receive notices of claims of copyright infringement on our web site. You can contact Andrew as follows by e-mail at: Andrew[at]in-portal.com or by mail at 333 E. Higway 83, Suite 201, Mundelein, IL 60060.
8.1 Policy Regarding Violators of DMCA
In-Portal respects the intellectual property of others, and we ask you to do the same. As a condition to your use of this Website, you agree not to use the Website to infringe the intellectual property rights of others in any way. We reserve the right, at our discretion and without notice or liability for loss of use, to terminate at any time the account of, and block access to our Site for any users who infringe the copyrights, or other intellectual property rights, of others.
9 Limitation of Liability
In-Portal Software is Open Source Software that is distributed under GNU GENERAL PUBLIC LICENSE (http://www.in-portal.org/license) and is developed by its Community Members and for the benefits of the Community Members. This Website is part of the supporting infrastructure for the Software and is used by Users and Community Members for collaboration and communication purposes. Please note that your use of this Website and of the Software is at your own risk and without promises or liabilities of any kind.
In the event that you have a dispute with one or more Users, you release the Organization, its officers, agents and employees from claims, demands and damages of any and every kind and nature, arising out of, or in any way connected with such disputes and/or the use of the Site or the Software.
If you are resident somewhere that does not permit an organization to exclude such claims, demands and damages, by Statute, Code, or Common Law, then you should leave this Website. If you use the Site, despite this term, you waive the benefit to you or anybody else of such Statute or Code.
We are under no legal obligation to, and generally do not, control the information provided by other users which is made available to you through the Site. Other people's information may be offensive, harmful, inaccurate, mislabeled, or deceptively labeled.
We expect that you will use caution and common sense when using the Site.
The Website Content may contain inaccuracies or errors or various types. The Organization makes no representations about the accuracy, reliability, completeness, or timeliness of Site or its Content. The use of the Site and its Content is entirely at your own risk. Changes are periodically made to the Site and may be made at any time.
You acknowledge and agree that you are solely responsible for what you transmit on, to, or through the Site.
NEITHER IN-PORTAL NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE AND ITS CONTENT, INCLUDING THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, OR ANY PRODUCT, SERVICE OR SOFTWARE DOWLOADED, OBTAINED OR PURCHASED THROUGH THE SITE, AND WHETHER OR NOT THE COMPANY IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SOFTWARE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR THE SOFTWARE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO ORGANIZATION FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE OR DOWNLOAD THE SOFTWARE.
9.1 Links to Other Sites
The Website may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Organization of the contents or accuracy of such sites. If you decide to access linked third party Web sites, you do so at entirely your own risk. At no time shall In-Portal be responsible for content on these third-party websites.
9.2 No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms, or make any unauthorized use, commercial or otherwise, of the Site.
Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
IN-PORTAL DOES NOT WARRANT THAT THE SITE AND THE SOFTWARE WILL OPERATE ERROR-FREE OR THAT THE SITE, THE SOFTWARE, AND THE SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE ORGANIZATION IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE, THE SOFTWARE AND THE SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE ORGANIZATION, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ORGANIZATION MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SOFTWARE, THE WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
These Terms and Conditions will remain in full force and effect while You are a User of The Website. Even after You are no longer a User of the Website, certain provisions of these Terms and Conditions will remain in effect, including Sections 7.1, 8.2, and 9 through 19, inclusive.
We reserve the right, at our sole discretion, to pursue all possible legal remedies, including but not limited to termination of your account and your access to the Site, if you breach any of these Terms and Conditions, or if we are unable to authenticate any information that you submit to the site, which we choose to verify.
In case of termination, we reserve the right to freeze, block and ban the accounts of users who appear to be misusing our system. By agreeing to these Terms and Conditions, which is part of our sign-up process, you agree that we have discretion over how (and when) we pay out sums of money to users, and over whether the money has been legitimately earned by the user. In the case of what we deem to be misrepresentation, we reserve the right to confiscate funds from the user’s account, and to close the account with no further recourse due to the user.
You agree to defend, indemnify, and hold harmless In-Portal, its officers, owners, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any material you provide to the Site, any Site Content that you use, or your breach of these Terms and Conditions. The Organization shall provide notice to you promptly of any such claim, suit, or proceeding and may choose, in its sole discretion to assist you, at your expense, in defending any such claim, suit or proceeding.
15 Internet Disclaimer
Your connection to the Internet and our site requires access services from your local Internet Service Provider (ISP). Please contact your provider for details if you have any questions regarding your connectivity.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. This Agreement is not assignable, transferable or sub-licensable by you except with prior written consent. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The Organization reserves the right in its sole discretion to terminate the use of the Site by a user at any time.
18 Legal Notices
THESE TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND IN-PORTAL, AND IS ACCEPTED BY YOU UPON YOUR USE OF THE WEBSITE.