Leaders, Professionals and Experts
Sharing and Partnering to Accelerate Innovation and Growth
Terms of Use Agreement

This Terms of Use Agreement (“Agreement”) describes the terms and conditions applicable to your use of the Innovation Global Network (“IGN”).  You must read, agree with and accept all of the terms and conditions contained herein.  If you (“you” or “User”) do not agree to be bound by this Agreement, you may not use IGN’s services or applications (collectively “IGN Services”).  This Agreement governs your access and use of this site.  By accessing or using this site you agree to be bound by this Agreement and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this site.  If you are using IGN on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement.  All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into this Agreement.

This Agreement, as may be modified from time to time, constitutes legally binding terms and applies to your use of IGN’s Services.  By accessing and/or using the IGN Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the IGN Services, including, without limitation, through a mobile or other wireless device, or otherwise use the IGN Services without being registered) or you are a “Member” (which means that you have registered with IGN).  The term “User” refers to a Visitor or a Member.  You are authorized to use the IGN Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement.  In addition, in consideration for becoming a Member and/or making use of the IGN Services, you must indicate your acceptance of this Agreement during the registration process.

IGN reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the IGN Services.  All material modifications will apply prospectively only.  Your continued use of the IGN Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified.  It is therefore important that you review this Agreement regularly.  If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the IGN Services immediately.  

1.    Service Eligibility. 
You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from IGN; (c) are not a direct competitor of IGN; (d) do not have more than one IGN account at any given time; (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party; (f) your use of the IGN Services does not violate any Applicable Law: and, if you are signing up for membership on behalf of an employer or an entity with which you are otherwise affiliated, you have the authority to binding such entity and make purchases on behalf of such entity.

2.    Term.  This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the IGN Services or are a Member.  You may terminate your Membership at any time, for any reason, by following the instructions of Section 11.  IGN may terminate your Membership at any time, for any reason, with or without prior notice or explanation, and without liability.  Furthermore, IGN reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages and emails (collectively “messages”) by you, or to deny, restrict, suspend, or terminate your access to all or any part of The IGN Services at any time, for any or no reason, with or without prior notice or explanation, and without liability.  In addition, IGN expressly reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the IGN Services, if IGN determines, in its sole discretion, that you have violated this Agreement or pose a threat to IGN, its employees, business partners, Users and/or the public.  Even after Membership is terminated, this Agreement will remain in effect.

3.    Fees.  If you subscribe to any services that we offer for a charge, you shall pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.  You acknowledge that IGN reserves the right to charge for any portion of the IGN Services and to change its fee (if any) from time to time in its discretion.  If IGN terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

4.    Password.  When you sign up to become a Member, you will also be asked to choose a password.  You are entirely responsible for maintaining the confidentiality of your password.  You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party.  You agree to notify IGN immediately if you suspect any unauthorized use of your account or access to your password.  You are solely responsible for any and all use of your account.

5.    License and Warrant Your Submissions.   By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights.  You further agree to inform IGN in the event that any such information has changed since your registration with IGN and, if appropriate, you agree to make such modifications yourself to your profile.


6.    Forums/Communities/Chat Rooms.
  IGN may include various forums, communities, chat rooms where you can post your observations and comments on designated topics.  IGN cannot guarantee that other members will not use the ideas and information that you share.  Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Website.  IGN is not responsible for a Member’s misuse or misappropriation of any content or information you post in any forums, communities and chat rooms.

7.    Content/Activity Prohibited.  The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the IGN Services.  IGN reserves the right to investigate and take appropriate legal action against anyone who, in IGN’s discretion, violates this provision, including, without limitation, removing the offending Content from the IGN Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities.  Prohibited Content includes but is not limited to, Content that, in the sole discretion of IGN:

7.1 is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;

7.2 harasses or advocates harassment or another person;

7.3 exploits people in a sexual or violent manner;

7.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

7.5 publicly posts information that poses or creates a privacy or security risk to any person;

7.6 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

7.7 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacturer-installed copy-protect devices;

7.8 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;

7.9 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

7.10 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

7.11 solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;

7.12 involves commercial activities and/or sales without prior written consent from IGN such as contests, sweepstakes, barter, advertising, or pyramid schemes;

7.13 violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

    The following are examples of the kind of activity that is illegal or prohibited on the IGN site and through your use of the IGN Services.  IGN reserves the right to investigate and take appropriate legal action against anyone who, in IGN’s sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities.  Prohibited activity includes, but is not limited to:

7.14 criminal or tortuous activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

7.15 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the IGN Services.  You may not transmit any chain letters or junk mail to other Members.  In order to protect our Members from such advertising or solicitation, IGN reserves the right to restrict the number of emails which a Member may send to other Members in a designated period to a number which IGN deems appropriate in its sole discretion.  If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages or other unauthorized commercial communications of any kind through IGN Services, you acknowledge that you will have caused substantial harm to IGN, but that amount of such harm would be extremely difficult to ascertain.

7.16 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the IGN Services;

7.17 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit that functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;  

7.18 unauthorized modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the IGN Services other than your Content which you legally post on, through or in connection with The IGN Services;

7.19 providing or using “tracking” or monitoring functionality in connection with the IGN Services, including, without limitation, to identify other Users’ views, actions or other activities on the IGN Services;

7.20 covering or obscuring the advertisements on your personal profile page or any other IGN page via HTML/CSS or any other means;

7.21 interfering with, disrupting, or creating an undue burden on the IGN Services or the networks or services connected to the IGN Services;

7.22 impersonating or attempting to impersonate IGN or an IGN employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);

7.23 using the account, username, or password or another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

7.24 selling or otherwise transferring your profile, your email address or URL;

7.25 using or distributing any information obtained from the IGN Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;

7.26 using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the IGN site for the purposes of sending unsolicited or unauthorized material;

6.27 using the IGN Services in a manner inconsistent with any and all Applicable Law.

8.    Protecting Copyrights and Other Intellectual Property.  Each User grants IGN a license to use the content supplied by each such User for the purposes of disclosure on the IGN Website.

This license includes, inter alia, the right for IGN to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or any mailings of IGN and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD).

Each User expressly authorizes IGN to modify said content in order to conform to the interface or display requirements of the IGN Services or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question.  These rights are granted throughout the world and for the entire term of this Agreement.  The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of IGN for any purpose other than for those purposes strictly related to use of the IGN services for personal purposes.

IGN respects the intellectual property of others, and requires that our Users do the same.  You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.  It is IGN’s policy to terminate, in appropriate circumstances, the membership of repeat infringers.

IGN exercises no control over any content you or others submit while using the IGN Services.  IGN has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content which has been provided by Users. [Note that we describe our current practices related to personally identifiable information collected through IGN in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion.  Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform IGN.

By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights.  You further agree to inform IGN in the event that any such information has changed since your registration with IGN and, if appropriate, you agree to make such modifications yourself to your profile.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, IGN has designated an agent to receive notices of claimed copyright infringement.  If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide IGN’s Copyright Agent the following information:

1.    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2.    A description of the copyrighted work that you claim has been infringed;
3.    A description of where the material that you claim is infringing is located on the site;
4.    Your address, telephone number and email address;
5.    A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6.    A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

IGN’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows: or by mail at:

    Coughlin Duffy LLP
350 Mt. Kemble Avenue
Morristown, New Jersey 07961
    
    Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

1.    IGN may remove or disable access to the material that is alleged to be infringing;

2.    IGN may forward the written notification to such alleged infringer; and

3.    IGN may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

9.    Notice and Procedure for Making Complaints Regarding Content.
  To notify of Content the infringes your rights (other than copyright violations) or is otherwise unlawful (“Specified Content”), you must send a notice to the IGN by mail, email, or fax, and provide the following information:
1.    Your name, address, telephone number and email address;
2.    A description of the Specified Content that your claim either infringes your rights or is otherwise unlawful, specifying which parts of it you believe infringe your rights, or are unlawful, and which parts you believe should be removed;
3.    A description of the exact location of the Specified Content on the Website;
(In the event you believe that the Specified Content infringes your rights): A statement specifying in detail which laws you believe are being breached, and why the Specified Content does so;
4.    A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are damaged by the Specified Content or authorized to act on such person’s behalf; and
5.    Your electronic or physical signature (as appropriate).


10.    Member Disputes.
  You are solely responsible for your interactions with other IGN Users, third party developers or any other parties with whom you interact through the IGN Services and/or linked services.  IGN reserves the right, but has no obligation, to become involved in any way with these disputes.

11.    Termination.  You may terminate this Agreement, for any or no cause, at any time, with notice to IGN which shall be effective upon IGN processing such notice.  IGN may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. Termination of your IGN account includes disabling your access to IGN (including any content you submitted or others submitted) and may also bar you from any future use of IGN.

12.    Privacy. 
Use of the IGN Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

13.    Disclaimers.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

Do not rely on IGN, any information therein, or its continuation.  We provide the platform for IGN and all information and services on an “as is” and “as available” basis.  We do not provide any express warranties or representations.

To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability and fitness for a particular purpose, title, and noninfringement.  If you are dissatisfied or harmed by IGN or anything related to IGN, you may leave IGN and terminate the Agreement in accordance with Section 11 hereof and such termination shall be your sole and exclusive remedy.

IGN is not responsible, and makes no representations or warranties for the delivery of any messages (such as posting of answers or transmission of any other user generated content) sent through IGN to anyone.  In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties.  Any material, service, or technology described or used on the site may be subject to intellectual property rights owned by third parties who have licensed to us such material, service or technology.

IGN does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community; therefore, IGN declines all liability for identity theft or any other misuse of your identity or information.

IGN does not guarantee that the services which it provides will function without interruption or errors in functioning.  In particular, their operation may be momentarily interrupted due to maintenance, updates or technical improvements.  IGN disclaims all liability for damages caused by any such interruption or errors in functioning.  Furthermore, IGN disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the IGN site due to inappropriate equipment, disturbances linked to the internet service provider, to the saturation of the internet network, and for any other reason unrelated to IGN.

14.    Limitation on Liability. 
In no event shall IGN be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitations, lost profit damages arising from your use of the IGN Services or linked services, even if IGN has been advised of the possibility of such damages.   Notwithstanding anything to the contrary contained herein, IGN’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to IGN for the IGN Services during the term of Membership.

15.    Disputes. 
The Agreement shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without regard to its conflict of law provisions.  You and IGN agree to submit to the exclusive jurisdiction of the courts located within the State of New Jersey to resolve any dispute arising out of the Agreement or the IGN Services.  EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION (INCLUDING BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.  FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.  EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

16.    Indemnity.  You agree to indemnify and hold IGN, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, demand, including, but not limited to, reasonably attorneys’ fees, made by any third party due to or arising out of your use of the IGN Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the IGN Services.

17.    General Terms.  


Severability:  If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws or a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.

Notices:  We may notify you via postings on www.__________, and via email or any other communications means to contact information you provide to us.

Entire Agreement:  You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the IGN Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

Amendments to this Agreement:  We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www._________ or notifying you otherwise.  If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 11 hereof.

No informal waivers, agreements or representations:  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.  
No injunctive Relief:  In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the IGN Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the IGN Services or any content or other material used or displayed through the IGN Services.

Assignment and Delegation:  You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective.  We may freely assign or delegate all rights and obligations under the Agreement, fully or partially.  We may also substitute, by way of unilateral novation, effective upon notice to you, IGN for any third party that assumes our rights and obligations under this Agreement.

18.    Other.  This Agreement is accepted upon your use of the IGN Website or any of the IGN Services and is further affirmed by you becoming a Member.  Your agreement with IGN will always include this Agreement at a minimum.  Your access and use of certain IGN Services will require you to accept additional terms and conditions applicable to such certain IGN Services, in addition to this Agreement, and may require you to download Software or Content.  The failure of IGN to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  The section titles in this Agreement are for convenience only and have no legal or contractual effect.  IGN is a trademark of Innovation Global Network LLC.  This Agreement operates to the fullest extent permissible by law.  If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.