Introduction
These Terms and Conditions of Service (the “Terms of Service”) govern your use of the web site located at www.invconcepts.com and the materials accessible on or from this site (collectively, the “Site”). The Site is the property of Innovative Concepts (“Innovative Concepts”). BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Innovative Concepts reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, Innovative Concepts grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Any computer program designed to access, read, compile or gather content from the Site automatically, including but not limited to web spiders, bots, indexers, robots, crawlers or harvesters (collectively, “Non-Human Visitors”) shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. These individuals shall ultimately be responsible for the behavior of their Non-Human Visitor agents and are liable for violations of the Terms of Service.
Content
All text, graphics, photographs, trademarks, logos, artwork, electronic documents and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Innovative Concepts, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Service, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Innovative Concepts.
Your Use of the Site
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Innovative Concepts server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, systems or networks owned by Innovative Concepts, or any systems or networks connected to the Site or to Innovative Concepts. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise your access to any portion or feature of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Innovative Concepts on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You consent to having your Internet Protocol address, headers, and other identifiers recorded.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of Innovative Concepts or others.
Special Restrictions for Non-Human Visitors
Special restrictions apply to Non-Human Visitors. Non-Human Visitors are restricted from taxing the resources of the Site beyond what would be typical of a human visitor. Furthermore, as specified by the “no-email-collection” flag in the header pages within the Site, email addresses on this site are considered proprietary intellectual property of Innovative Concepts. It is recognized that these email addresses are provided for human visitors alone, and have value in part because they are accessible only to said human visitors. By continuing to access the Site, you acknowledge and agree that each email address the Site contains has a value not less than US $50 derived from their relative secrecy. You further agree that the compilation, storage, and potential distribution of these addresses by Non-Human Visitors substantially diminish the value of these addresses. Intentional collection, harvesting, gathering, or storing email addresses by Non-Human Visitors is recognized under this agreement as a violation of this agreement and expressly prohibited.
Third Party Companies, Products and Services
Mention of independent third-party companies, products and services on the Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. Innovative Concepts assumes no responsibility with regard to the selection, performance or use of these companies, products or services. Innovative Concepts provides this only as a convenience to our visitors.
Links to Other Web Sites
The Site may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under the control of Innovative Concepts, and Innovative Concepts is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Copyright Policy
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written 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; 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. The Innovative Concepts Copyright Agent for notice of claims of copyright infringement can be reached by writing the following: Innovative Concepts, PO Box 370, South Park, PA 15129, or at webmaster@invconcepts.com.
Warranties and Disclaimers
Innovative Concepts intends for the information and data contained in the Site to be accurate and reliable, however, since the information and data have been compiled by Innovative Concepts from a variety of sources, it is provided “as is.”
INNOVATIVE CONCEPTS EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. IN NO EVENT SHALL INNOVATIVE CONCEPTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF, OR RELIANCE ON, THE INFORMATION PRESENTED, OR LOSS OF PROFITS OR REVENUES.
Governing Law and Jurisdiction
The internal laws of the State of Pennsylvania, without reference to any choice of law provisions, shall govern any claims relating to this Site or to the materials on it. Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service shall be governed by the law of the State of Pennsylvania as such laws are applied to agreements between Pennsylvanua residents entered into and performed entirely within the State of Pennsylvania. You consent to the jurisdiction of federal and state courts within the State of Pennsylvania. You consent to the venue in any action brought against you in connection with breaches of these Terms of Service. You consent to electronic service of process regarding actions under the above agreement.
Void Where Prohibited
Innovative Concepts administers and operates the Site from its location in the State of Pennsylvania. Although the Site may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Innovative Concepts reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect. These Terms of Service constitute the entire agreement between you and Innovative Concepts with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Innovative Concepts with respect to such use are hereby superseded and cancelled. Innovative Concepts will not accept any counter-offers to these Terms of Service, and all such offers are hereby categorically rejected. A failure by Innovative Concepts to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by Innovative Concepts of any provision or any right it has to enforce these Terms of Service, nor shall any course of conduct between Innovative Concepts and you or any other party be deemed to modify any provision of these Terms of Service. These Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.