IV ResQ TERMS & CONDITIONS

Your Agreement

This web site and other web sites or URL’s directed to this website (collectively “Sites”) are owned and operated by IV ResQ LLC (“IV ResQ”). By accessing or using this Site you agree to these Terms and Conditions of Use (“Terms”). If you do not agree to the Terms and Conditions of Use and the Privacy Policy, you may not use the Site. The Terms are subject to change without notice. Therefore, please review these terms and conditions regularly upon visiting the Site. Your continued use of the Site after the posting of amended Terms shall constitute your agreement to be bound by any such changes. IV ResQ may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability.

Nothing in these Terms, the Privacy Policy, or any information or materials available on the Site shall be construed as creating a partnership, joint venture, or agency relationship between you and IV ResQ.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

Your Use of the Site

All information and content available on this Site (collectively “Site Content”) is protected by copyright and other intellectual property laws. The Site Content is owned by IV ResQ and/or its licensors. You may view, copy, download, and transmit the Site Content for internal information and non-commercial purposes only, provided that you do not modify or delete any copyright, trademark, or other proprietary notices. You shall not view, copy, download, transmit, reproduce, sell, lease, publish, distribute, modify, display, perform, or otherwise use any portion of the Site Content in any other way or for any other purpose without the prior written consent of IV ResQ. These Terms constitute the terms and conditions pursuant to which IV ResQ provides you a non-exclusive, revocable, non-assignable license (“License”) to access the Site and to download Site Content and other materials (collectively, “Materials”). Your use of the Site or Materials may also be governed by a contract between IV ResQ and you or your employer (“Agreement”). In the event of a conflict between these Terms and the Agreement, the Agreement will control.

Material You Submit

Except for any personally identifiable information we may collect from you in accordance with our Privacy Policy, all remarks, suggestions, ideas, graphics or other information that you communicate to IV ResQ through this Site will become the exclusive property of IV ResQ. IV ResQ and its affiliates shall be free to copy, disclose, distribute, incorporate, and otherwise use the materials you submit for any and all commercial or noncommercial purposes, without any obligation to compensate you or others for the materials. You shall have no right to review or approve of any uses that IV ResQ makes of such materials.

You are solely responsible for all content and information that you post on the Site, including photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and all other content that you upload, publish or display (hereinafter, “post”), or otherwise transmit to or share with IV ResQ or other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Site that you did not create yourself, that is original to you, or that you do not have permission to post. You understand and agree that IV ResQ may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the IV ResQ violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to IV ResQ.

When you post User Content to the Site, you authorize and direct IV ResQ to make such copies thereof as IV ResQ deems necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to IV ResQ an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license (with the right to sublicense) to use, copy, modify, create derivative works, incorporate into other works, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute in any and all forms, formats and media, now in existence or hereinafter created, such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, such User Content, and to grant and authorize sublicenses of the foregoing.

Copyright Complaints

We respect the intellectual property rights of others and IV ResQ prohibits users from uploading, posting or otherwise transmitting on its Sites any materials that violate another party’s intellectual property rights. When IV ResQ receives proper Notification of Alleged Copyright Infringement as set forth in the Digital Millennium Copyright Act, IV ResQ will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our IV ResQ On-Line Copyright Policy (below) for more information on how to report infringement of your copyright.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act and other applicable law, IV ResQ has adopted a policy of terminating or blocking access to the Site, in appropriate circumstances and at IV ResQ’ sole discretion, users who are deemed to be repeat infringers. IV ResQ may also at its sole discretion limit access to the Site and/or terminate or block access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

IV ResQ On-Line Copyright Policy

IV ResQ respects the intellectual property rights of others and IV ResQ prohibits Users from uploading, posting or otherwise transmitting on the Site any materials that violate another party’s intellectual property rights. When IV ResQ receives proper Notification of Alleged Copyright Infringement as described below, IV ResQ promptly removes or disables access to the allegedly infringing material and blocks or terminates use of the Site by repeat infringers in accordance with the Digital Millennium Copyright Act.

  1. Notification of Alleged Copyright Infringement

If you believe that your own copyrighted work is accessible on the Site in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) that contains substantially the following information:

  1. Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material.

  2. Identify the URL or other specific location on the Site that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material.

  3. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.

  4. Include 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.

  5. Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

  6. Include your name, mailing address, telephone number and email address.

You may submit your Notification of Alleged Copyright Infringement to our Designated Agent by fax, mail, or E-Mail as set forth below:

      IV ResQ

      Email: flow@ivresq.com

Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on our Site is copyright infringing.

Upon receiving a proper Notification of Alleged Copyright Infringement as described in this Section, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.

  1. Counter Notification

If you believe your own copyrighted material has been removed from our Site as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

  1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.

  2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.

  3. A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party’s agent.

  4. Your name, address and telephone number.

  5. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

  6. Your physical or electronic signature.

You may submit your Counter Notification to our Designated Agent by fax, mail, or E-Mail as set forth below:

      IV ResQ

      Email: flow@ivresq.com

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false notification or counter notification constitutes perjury.

Restrictions on Use

You agree not to do any of the following while using the Site:

  1. harass, stalk or otherwise abuse another user;

  2. transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of IV ResQ or its affiliates), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by IV ResQ in its sole discretion);

  3. upload or transmit viruses, or other harmful, disruptive or destructive files or post material that interferes with any third party’s use and enjoyment of the Site.

  4. transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;

  5. impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to IV ResQ, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;

  6. violate any applicable local, state, federal or international law, rule or regulation.