Internet Broadcasting Systems, Inc. and its affiliates and subsidiaries (collectively, "IB," "our," "us," or "we")) presents and provides to users such as yourself ("you" or "your") access to the Slantly web site (the "Site") through which you have the ability to: (a) create unique personal profiles in order to publicly debate various topics; (b) access information, features, headline feeds, social networking services; (c) integrate one or more Slantly Widgets (as defined below) into your personal website; (d) integrate the Slantly API (as defined below) into your personal website; and (e) any other services or materials the we may now or in the future provide to you (collectively, the "Services"). IB, in its sole discretion, may suspend, alter or discontinue all or part of the Services or the Site for any reason, at any time, and without liability. Your use of the Site or Services does not imply that we endorse, promote or support any third-party cause, product, service or opinion.

IB grants you a personal, non-exclusive, non-transferable, revocable license to access the Site and use the Services in accordance with the terms of the TOU and all applicable laws, rules and regulations. IB reserves the right to alter, suspend or terminate, at any time and for any reason including breach of any term or condition of the TOU, any license granted under the TOU and such termination shall be without liability to IB.

By accessing, browsing or using the Site or Services, you agree to be bound by the TOU. IB reserves the right, at its sole discretion, to modify or replace the TOU at any time without giving you prior notice. We strongly encourage you to review the TOU whenever you access the Site or utilize the Services. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the TOU as modified. All modifications, updates, new features, or enhancements to the Site and Services are subject to the TOU. The last date the TOU was revised is set forth above.

1. Registration. In order to participate on the Site you will be required to register by selecting a user name and password and providing us with certain non-personally identifiable information. By registering to participate on the Site and utilize the Services, you represent and warrant that: (i) all registration information you submit is complete, truthful and accurate; (ii) you are at least 13 years of age; and (iii) you're use of the Services does not or will not violate any laws, rules or regulations. IB reserves the right to delete your registration if IB believes that you have breached these or any other representations or obligations under the TOU and such deletion will be without liability to IB. From time to time, we receive requests to disclose the identities of users who post messages to the Site. If IB discloses your identity pursuant to the TOU, you understand and agree that we may do so. Furthermore, IB may monitor, record, collect and use for any lawful purpose information generated through your use of the Site or the Services. The collected information is subject to our Privacy Policy. Your obligations under the TOU are in no way conditioned on IB complying with the terms of our Privacy Policy.
2. User Name. Your user name and any other information or Materials, as defined below, that you select to display, and which the Site permits you to display, will be displayed in relation to any comments or postings that you make on the Site. You agree that you will not use a user name: (i) with the intent of impersonating another person; (ii) that infringe upon the intellectual property rights of any other person or entity; or (iii) that may be deemed inappropriate or offensive. Your user name and profile may not contain: telephone numbers, street addresses, last names, or any images that contain nudity, obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter.
3. License. By displaying or posting any text, images, media or other materials (collectively, "Materials") on the Site you are granting IB a royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any Materials worldwide and/or to incorporate the Materials, in whole or in part, without any restriction or responsibilities to you, in any form, media or technology now known or hereafter developed. Notwithstanding the foregoing, you retain all ownership rights in and to the Materials after you post them.
4. Postings. You agree to use the Site and Services for personal, non-commercial and lawful purposes only. You represent and warrant that you own the content posted by you on the Site or otherwise have the right to grant the license provided above. You agree not to post any Materials which: (i) violate or infringe in any way upon the rights of others; (ii) are unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any laws, rules or regulations.
5. Restrictions on Use. You agree not to take any action that: (i) interferes with the proper working of the Site; (ii) imposes an unreasonable or disproportionately large load on the Site's infrastructure; (iii) might compromise the security of the Site; (iv) render, in whole or in part, the Site or the Services inaccessible to others; or (v) otherwise cause damage to the Site or any content contained on the Site.

1. Use of the Slantly Widget. IB grants you a limited, non-exclusive, royalty-free and revocable license throughout the world to incorporate the embedded codes, graphics, text, design, logos, trademarks and intellectual property contained therein (collectively, the "Slantly Widget") into your personal website for the limited purposes defined herein. The Slantly Widget is a free service we offer and you agree that you will only use the Slantly Widget for personal, non-commercial purposes. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the Slantly Widget, are strictly prohibited. You must use the Slantly Widget as provided by us and you agree that you will not edit or modify the html code. Furthermore, you agree that at all times your personal website and any Slantly Widget integrated within your website must be freely accessible to users without charge, without any subscription requirements or in any other way restricted. IB reserves the right to release subsequent versions of the Slantly Widget and you agree to, at all times, use the most recent version.
2. Slantly Widget Hyperlinks. The Slantly Widget may be used only with those platforms from which a functional link is made available and that, when accessed, takes the user directly to the display of the full content on the Site. You may not display the Slantly Widget in a manner that does not permit successful linking to, redirection to or delivery of the Site. You may not insert any intermediate page, splash page or other content between the Slantly Widget and the Site.
3. Right to Discontinue the Slantly Widget. We reserve the right, without prior notice and with or without cause, to require you, and you agree, to cease displaying, distributing or otherwise using any or all of the Slantly Widget for any reason including, without limitation, your violation of any provision of the TOU.
4. Advertising Rights. IB reserves the sole right to sell and retain all of the advertising and promotional rights sold or licensed with respect to the Site or any Slantly Widget and you agree that you will have no claim to any of the advertising or promotional rights or to any revenue generated from such.
5. Data Ownership. All data and intellectual property generated and collected in relation to the Slantly Widget and the Site shall be the sole and exclusive property of IB.

1. Use of Slantly API. We hereby grant you a limited, non-exclusive, royalty-free and revocable license throughout the world to incorporate the Slantly comment application program interface and the Slantly polling application program interface and embedded codes, graphics, text, design, logos, trademarks and intellectual property contained therein (collectively, the "Slantly API") into your personal website for the limited purposes defined herein. The Slantly API is a free service we offer and you agree that you will only use the Slantly API for personal, non-commercial purposes. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards a Slantly API, are strictly prohibited. You must use the Slantly API as provided by us and you agree that you will not edit or modify the html code. Furthermore, you agree that at all times your personal website and any Slantly API integrated within your website must be freely accessible to users without charge, without any subscription requirements or in any other way restricted. IB reserves the right to release subsequent versions of the Slantly API and you agree to, at all times, use the most recent version.
2. Slantly API Hyperlinks. The Slantly API may only be used with those platforms from which a functional link is made available and that, when accessed, takes the user directly to the display of the full content on the Site. You may not display the Slantly API in a manner that does not permit successful linking to, redirection to or delivery of the Site. You may not insert any intermediate page, splash page or other content between the Slantly API and the Site.
3. Right to Discontinue the Slantly API. We reserve the right, without prior notice and with or without cause, to require you, and you agree, to cease displaying, distributing or otherwise using any or all of the Slantly API for any reason including, without limitation, your violation of any provision of this TOU.
4. Advertising Rights. IB reserves the sole right to sell and retain all of the advertising and promotional rights sold or licensed with respect to the Site or the Slantly API and you agree that you will have no claim to any of the advertising or promotional rights or to any revenue generated from such.
5. Data Ownership. All data and intellectual property generated and collected in relation to the Slantly API and the Site shall be the sole and exclusive property of IB.

You agree to use the Site and the Services for lawful purposes only. If you engage in any conduct that we deem to inhibit or restrict any other user's enjoyment of the Site or Services we have the right, but not the obligation, to remove your postings and/or suspend or cancel your access to the Services. We, in our sole discretion, will determine if your actions or postings are in violation of the TOU. Following is list of activities that we deem to be grounds for suspension or cancellation of your access to the Services and/or removal of your postings. This list is not exhaustive. You agree not to post any material on the Site, or utilize or post any Services on any website, that:

• Is patently offensive or promotes racism, bigotry, hatred or physical harm;
• Harasses or advocates harassment of another person;
• Contains nudity, violence or offensive subject matter, contains a link to an adult website or content, or exploits people in a sexual or violent manner;
• Solicits personal information from anyone;
• Contains any personal names, telephone numbers, street addresses email addresses or any personally identifiable information with respect to yourself or anyone else;
• Promotes information that is false or misleading
• Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• Infringes or promote the infringement of any person or entity's intellectual property;
• Contains any advertisements or commercial solicitations of any kind, which may include, but are not limited to: contests, sweepstakes, "chain mail", "junk mail", or "spam"; or
• Encourages, facilitates or provides instructional information about illegal activities, such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;

You understanding that using the account, user name, or password of another user at any time or disclosing your login information with any third party or permitting any third party to access your account is grounds, at our sole discretion, to suspend or cancel your access to the Services.

In addition to any other restrictions stated in the TOU or otherwise applicable under any law, rule or regulation, you agree that you will not, or allow other to:

• Sell, sublicense, modify, translate, copy, publish, transmit, distribute or otherwise disseminate the Site, the Services or any portions thereof;
• Disassemble, reverse engineer, decompile, modify or alter any part of the Site or Services;
• use the Site or Services for any manner that violates the legal rights of others or for inappropriate, obscene or unlawful purposes;
• Delete or fail to display any promotional taglines or advertising materials included in the Services;
• Rent, lease, or otherwise transfer your rights under the TOU;
• Display the name, logo, trademark or other identifier of a person or entity (other than those already fixed in the Site or through the Services) in such a manner as to give the user the impression that such other person is a publisher or distributor of the Site or the Services; or
• Remove, conceal or obliterate any copyright or other proprietary notice or any other mark or source identifier included on the Site or within the Services, including without limitation, the size, color, location or style of any trademarks.

IB may, in its sole discretion, provide access to all or part of the Site or Services via RSS Feeds and for purposes of this TOU, such access constitutes use of the Site and Services.

The Site and the Services contain copyrighted materials, trademarks, service marks, trade names and other proprietary information. By accessing the Site or utilizing any of the Services, you agree not to modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any other way exploit either the Services, in whole or in part, or the Site, including all content contained therein. Except as otherwise expressly permitted under copyright law or this TOU, you agree not to copy, redistribute, publish, display or commercially exploit any material from the Site or Services without the express written permission of IB and, if not IB, the copyright owner. In the event of any permitted copying, redistribution or publication of content from the Site or Services, you agree not to change or delete any author attribution, trademark, legend or copyright notice. You acknowledge that you do not obtain any ownership rights by downloading copyrighted or other proprietary materials.

You agree not to, or allow other to, upload, post or otherwise make available on the Site or through the Services any materials that may or are protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. You understand that you are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submissions made by you.

As a user of the Site, you understand and agree that you are solely responsible for your interactions with the other users of the Site and Services. We've provided you with the ability to "flag" inappropriate behavior or postings in violation of the TOU. You must be logged-in to "flag" a debate, comment or reply. You may only "flag" an item once and you must state why you think the content is inappropriate. Merely disagreeing with another user's viewpoint or position is NOT a reason to flag an item. Any abuse of the "flagging" mechanism will be grounds to suspend or cancel your access to the Services. Notwithstanding the foregoing, IB reserves the right, but not the obligation, to: (a) monitor the user interactions and postings; (b) edit, remove, or re-post, at any time and without notice, any Material submitted to or posted to the Site; and (c) refuse to edit, remove or re-post any material submitted to or posted to the Site. Neither IB nor any of its affiliates, subsidiaries, agents or employees shall assume or have any liability for any action or inaction by IB with respect to any conduct by users of the Services or with respect to any postings on the Site.

The Materials posted by users does not represent the advice, views, opinions or beliefs of IB. You understand and agree that IB is not responsible for the truth, completeness, objectivity or usefulness of any third-party posting, nor does IB endorse any posting. By viewing third-party postings, you assume the risk of believing or disbelieving any content contained therein. Hypertext links to third-party web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by IB of the third-party, the third-party web site, or the information contained therein. You acknowledge and agree that IB is not responsible for the availability of any such web sites and that IB does not endorse or warrant, and is not responsible or liable for any such web site, or the content on such web site, or the services offered by such web site. Under no circumstances will IB be responsible for any loss or damage resulting from your use of any third-party web site or the services offered by it or any content posted on such web site or transmitted from such web site. Any links to other sites are provided for convenience or information only. You need to make your own decisions regarding your interactions or communications with any other web site.

YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SERVICES. IB MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE SERVICES. IB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IB SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE SITE, THE SERVICES OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THE SITE OR THE SERVICES. IB DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED. IB DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BY THE SITE OR THE SERVICES, OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES AND THE INFORMATION OR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THE TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL IB BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR THE INFORMATION OR CONTENT PROVIDED THEREIN, ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICES AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICES, OR ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES, EVEN IF IB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, IB'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

You understand and agree that you are personally responsible for your behavior on the Site and for your use of the Services. You agree to indemnify, defend and hold harmless IB, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use of the Site or the Services, any violation by you of this Agreement, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Site or Services through your user account.

In the event that you claim to be the copyright owner of any Material posted on the Site or through the Services, without your permission, you agree to immediately notify IB of any claimed copyright infringement. You further agree to provide IB's copyright agent the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512:

• your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;
• identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or a representative list of such works at that site;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf;
• a statement that you, the complaining party, have a good faith belief that the use of the material in the manner complained of is not authorized by you the copyright owner, your agent, or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of you, the owner of an exclusive right that is allegedly infringed. IB's Copyright Agent for notice of claims of copyright infringement on or relating to this Site can be reached either by:
  • sending an e-mail request to legal@ibsys.com; or
  • sending a letter via the U.S. Mails to:
    
    Copyright Agent
    Internet Broadcasting Systems, Inc.
    355 Randolph Avenue
    St. Paul, MN 55102

The TOU constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by IB of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of the TOU is found to be invalid or unenforceable, that provision will be enforceable to the maximum extent permissible, and the other provisions of the TOU will remain in force. The TOU shall be construed in accordance with the laws of the State of Minnesota, without regard to its conflict of laws rules. 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 Hennepin County and Ramsey County, Minnesota, U.S.A., regarding any and all disputes relating to the TOU, your use of the Site, any other IB web site, the Services, or Materials. No agency, partnership, joint venture or employment is created by the TOU and you do not have the authority to bind IB in any way whatsoever. The failure of either party to enforce or exercise any rights hereunder shall not be deemed a waiver of any further rights hereunder. IB will investigate and take appropriate legal action against anyone who violates any of the provisions of the TOU, including without limitation, barring violators from use of the Site and pursuing civil, criminal and/or injunctive redress. You agree that in a civil action, IB may obtain full recovery of all damages it suffers and may also obtain punitive and consequential damages.

If you have any questions about this these Terms of Use, our Privacy Policy, or the Site please contact us at the addresses below:

Internet Broadcasting Systems, Inc.
Attn: Legal Department
355 Randolph Avenue
St. Paul, MN 55102
legal@ibsys.com