ITOG Terms of Service

1. Parties, Terms and Conditions

1.1. Parties and Terms

This Terms of Service is made and entered between IsThatOneGood LLC (hereafter "ITOG") and visitors to and users of www.itog.com and all related domains and services owned by ITOG (hereafter, Website).

1.2. Acceptance of the ITOG Terms of Service

By using the Website (including any content provided herein), or registering an account, users are agreeing to be bound by this Terms of Service. If a user does not accept these terms of service in their entirety, they may not access or use the Website.

1.3. Modification of the Terms of Service

ITOG reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Website and/or all related Services, or modify these Terms of Service without notice. All modified terms and conditions will be effective as soon as they are posted on the Website (unless a longer notice period is required by applicable law). Should any modified terms and conditions be unacceptable to a user, that user's sole remedy is to cease using ITOG and/or related Services, and if applicable, cancel their Account (defined below). By continuing to access or use ITOG and/or related Services after ITOG makes any such modification, users agree to be bound by the revised Terms of Service. ITOG reserves the right to charge fees for the Website and other services in the future.

2. Using ITOG

2.1. Lack of Warranty

ITOG offers no warranty for this service. All use of the Website is at the user's own risk.

2.2. Users and Accounts

In order to use the Website, users must be at least 18 years of age, or at least 13 years of age and have permission of their parent or guardian. ITOG does not filter its content, and makes no guarantee that users will not be exposed to material they deem offensive. In order to access certain aspects of the Website, a user will need to set up an Account with ITOG by creating a unique username and password, which will permit access to certain secure areas of the Website. See the ITOG Privacy Policy for more information on secure and personal information. Users with Accounts will provide accurate and complete information upon registration, will maintain as current such information, and will promptly update relevant personal information as necessary. Users will not utilize or assume false identities or impersonate any other person. Users may only create a single account per person.

2.3. Agreement upon Account Registration

When a user creates an Account, the account holder consents to the use of electronic means to consent to and fulfill these Terms of Service. Users are responsible for safeguarding and maintaining the confidentiality of all information relating to their use of the Website, including their username and password. Users agree not to disclose their password or related confidential information to any party. Users are entirely and solely responsible for any and all activities or actions that occur under their Account, whether authorized by the user or otherwise. Users will notify ITOG of any unauthorized Account use or other breach of security within (24) twenty-four hours of such use being known to you. In the event of the loss or theft of a password or other related information, users will notify ITOG immediately.

2.4. Responsibilities of All Users

Users are solely responsible for their interactions with other users of the Website. We reserve the right, but have no obligation, to monitor disputes between you and other users. Users may not engage in obscene or otherwise objectionable behavior. Users may not use ITOG to harrass other users or other individuals, including but not limited to advertising or soliciting for pyramid schemes or related. Users agree never to access the site in an automated fashion, whether with scripts or bots or any other automated means. Users may not tamper, interfere, or otherwise attempt to circumvent or disable the security features on the Website. Users will not encourage other users to violate these Terms of Service.

2.5. Termination

ITOG may immediately terminate or suspend a user's access to the Website and remove any material from the Site or our servers in the event that a user breaches these Terms of Service. In addition, ITOG has the right to terminate any the service of any user service at any time, for any reason. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. ITOG is not liable to you or any third party for termination of your use of the Website. ITOG will have no obligation to maintain any information related to your Account or to forward any information to you or any third party. A User may terminate their Account at any time and for any reason by e-mailing HeadHonchoWebGuy (-at-) itog (-dot-) com with "Account Cancellation" in the subject line. Upon termination, the related Account will no longer be accessible. Any suspension, termination or cancellation will not affect your obligations under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

3. Copyright and User Submitted Content

3.1 User Copyright Obligations

Users will not use the Website to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates the intellectual property rights of any third party. ITOG may, in certain circumstances, terminate the Accounts of Members who infringe or are believed to be infringing the rights of copyright holders. See the ITOG Copyright Policy for more information

3.2 User Submitted Content

Users may not upload content to which they do not have the copyright. Users may not upload or submit anything to the Website which contains viruses or any other malicious code. Users grant ITOG the right to publish and reuse all materials generated by Users on the Site free of all royalties. Users are solely responsible for any and all content and/or information uploaded, published or otherwise displayed or transmitted on or through the Website. Users are solely responsible, at their sole cost and expense, for creating backup copies and replacing any of the aforementioned content or information.

4. Other Notices

4.1 Limitation of Liability

ITOG is not responsible or liable in any manner for any information on the Website, whether posted, caused, or derived by users of the Website, by ITOG, by third parties or by any of the equipment or programming associated with or utilized in the Website. Although ITOG provides rules for user conduct and content submission, ITOG does not control and is not responsible for what users post, transmit or share on the Website, and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content encountered on the Website. The Company is not responsible for the conduct, whether online or offline, of any user of the Website. The Website may be temporarily unavailable from time to time for maintenance or other reasons. ITOG assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications between users. ITOG is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to a user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Website, including without limitation any Mobile Client software. Under no circumstances will ITOG be responsible for any loss or damage, including any loss or damage to any User Submitted Content or personal injury or death, resulting from anyone's use of the Website, any User Content or Third Party Applications, Software or Content posted on or through the Website or transmitted to Users, or any interactions between users of the Site, whether online or offline.

4.2 Indemnification

All users agree to defend, indemnify, and hold ITOG, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with a user's access to or use of the Website or any content contained therein; a user's violation of these Terms of Service; a user's violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or any claim that any User Submitted Content caused damage to a third party.

4.3 Partial Invalidity

If any portion of this Terms of Service is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

4.4 Consent to Jurisdiction and Forum Selection

By visiting or using the Website, users agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between any user and ITOG. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the courts and jurisdiction of ITOG's choosing.