Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS ON YOUR USE OF INTELLIGENTPEOPLE.COM, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS WHERE AND HOW DISPUTES WILL BE RESOLVED.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS THIS WEBSITE OR ANY PAGES THEREOF.
1. GENERAL PROVISIONS
Welcome to the IntelligentPeople.com service (in the following referred to as "IntelligentPeople.com" or the "Service"). The owner of the Service, IntelligentPeople.com Limited, 29 Harley Street, London W1G 9QR, United Kingdom, is in the following referred to as "us", "we" or the "Company". To become a member of IntelligentPeople.com, you must read and accept all of these terms and conditions of use (in the following referred to as "Terms of Use" or "Agreement") and the Privacy Policy. If you do not agree to be bound by this Agreement, you may not use the Service. By accessing IntelligentPeople.com (in the following referred to as the "Site"), you signify that you have read, understand and agree to be bound by these Terms and Conditions of Use, whether or not you are a registered member of IntelligentPeople.com. You agree that we may change, modify, add or delete provisions to this Agreement or the Privacy Policy, in our sole discretion, by posting the amended Agreement to the Site. Your continued use of the Service indicates your acceptance of the amended Agreement.
2. ELIGIBILITY
By accessing the Site and accepting this Agreement you warrant and represent to IntelligentPeople.com that you are at least 18 years old. Any registration by, use of or access to the Site by anyone under 18 is unauthorized and in violation of these Terms of Use.
You also agree that to become a member of the Service, you have to pass the IntelligentPeople.com IQ test. By accepting these Terms of Use and accessing the Site you warrant and represent to IntelligentPeople.com that you have taken and passed the IQ test on your own. Any registration by, use of or access to the Site by anyone who has not passed the IQ test is unauthorized and in violation of these Terms of Use. IntelligentPeople.com reserves the right to refuse membership to anyone.
3. REGISTRATION WITH INTELLIGENTPEOPLE.COM
You understand and agree to the following:
(a) if you choose to register, you must submit a valid e-mail address and select a password and user name during the registration process;
(b) You are responsible for maintaining the confidentiality of your member name and password, and all uses of your account - whether or not you've authorized such use;
(c) You agree to notify IntelligentPeople.com immediately of any unauthorized use of your account and
(d) you acknowledge that other users will be able to view your profile. IntelligentPeople.com will not be held liable for any loss or damage for non-compliance. In addition, you understand and agree that the content of all users, including your content, will be collected, aggregated and anonymously integrated into the IntelligentPeople.com. You understand, and agree that, unless expressly stated, IntelligentPeople.com in no way controls, verifies, or endorses any of the information contained on or in the IntelligentPeople.com service, including links, events, messages, message boards and members published classifieds.
(e) you agree that when registering with IntelligentPeople.com, you will pass the IQ test required for admission without help from others. You acknowledge that we may change, modify, add or delete parts of or the entire IQ test at any time at our sole discretion.
To register for the Service, you must complete the IntelligentPeople.com registration forms. As part of the registration process for the Service, you agree to:
(a) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate); and
(b) maintain and update this information as required to keep it current, complete and accurate. The information requested upon original sign up shall be referred to as registration data ("Registration Data"). IntelligentPeople.com reserves the right to delete accounts created by users who appropriate the name, likeness, email address, or other personally identifiable information of another individual.
IntelligentPeople.com reserves the right to refuse the Service to any user.
By accepting these Terms of Use you agree that we may use your e-mail address to contact you. Please read more in our Privacy Policy.
4. USER CONTENT POSTED ON THE SITE
By agreeing to these Terms, members affirm that they will not use this service to harass or abuse other members. Individuals who have demonstrably harassed other individuals via message boards, private messages, classifieds, or using other means may be removed from IntelligentPeople.com.
You are fully responsible for any content you post on the IntelligentPeople.com, including, but not limited to, photos, personal profile(s), message boards, classifieds, events, comments, e-mail messages - and the consequences of any such content.
You understand and agree that IntelligentPeople.com may review from time to time and delete any content that violates this Agreement or which might be offensive, illegal, or harm the safety of or violate the rights of other users and members.
Content that is illegal or prohibited, includes, but is not limited to, material, text, graphics, video or audio that:
Posts or discusses solutions to the IQ test, ways to get around it and similar
Refers to IntelligentPeople.com, the Company or Administrator in a derogatory manner
Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable
Displays sexually explicit material of any kind, including but not limited to, nudity, sexual language and obscene gestures
Is intended or designed to disrupt an ongoing conversation via flaming (a message in which the writer publicly attacks another participant in overly harsh, or personal terms) or trolling (deliberately posting derogatory or inflammatory comments in order to bait other users into responding).
Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation
Transmits or posts any unsolicited or unauthorized advertising, 'spam', junk mail, 'chain letters', 'pyramid schemes', etc.
Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights . If IntelligentPeople.com receives proper notification (cf. provision 5 of this Agreement) that such content have been uploaded to the Site, such content shall be removed from the Site without warning, and the user responsible may be banned from the Site.
Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the IntelligentPeople.com
Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without IntelligentPeople.com prior consent
Contains personally identifiable information about another member that is published without their express consent
Contains material originally posted by another member that is reposted without permission or attribution Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
Has misleading email addresses or other manipulated identifiers to disguise its origin
Note: Hate speech is not acceptable and will not be tolerated on IntelligentPeople.com. As defined by IntelligentPeople.com, hate speech may consist of symbols or images, as well as text.
5. COPYRIGHT COMPLAINTS
If you believe that material infringing on copyright, trademark law or any other proprietary rights have been uploaded to the Site, please let us know by sending an e-mail to: copyright@IntelligentPeople.com. Please include 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. For example, 'The copyrighted work is my content that appears at http://www.IntelligentPeople.com/subpage123.' If multiple copyrighted works at a single online site are covered by your notification, you may provide a representative list of such works at that site.
2. Identify the URL or other specific location on the IntelligentPeople.com website or service 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. For example, 'The content at the following URL infringes on my copyright: http://www.IntelligentPeople.com/subpage999.'
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.
Upon receiving proper notification we will promptly remove the allegedly infringing material, and notify the alleged infringer about your notification. The alleged infringer may set forward a counter notification, if the alleged infringer believes that his or her own copyrighted material has been wrongfully removed from the Site.
6. ANSWERS TO THE IQ TEST
IntelligentPeople.com will not make public the correct answers to the IQ test required for admission.
By agreeing to these Terms of Use and accessing the Site, you agree that you will not make public answers to the IQ test, not on the Site or anywhere else, and you agree that you will not discuss in the Site forum, blogs or anywhere else possible correct answers to the questions in the IQ test. The IQ test as a whole may be discussed, but not the answers. You agree and understand, that a violation of this provision will result in you being held liable, and in addition, you will have to pay a penalty of GBP 10,000 for each violation, and for each month the violation takes place.
7. TERMINATION OF MEMBERSHIP
IntelligentPeople.com may terminate your membership and any and all information, communications or postings, at any time, without notice, for conduct that violates this Agreement.
You may terminate your own membership at any time by deleting your profile.
8. DISCLAIMERS
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE INTELLIGENTPEOPLE.COM SITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE INTELLIGENTPEOPLE.COM SITE ARE PROVIDED ON AN 'AS IS' BASIS. THE COMPANY AND THE ADMINISTRATORS OF INTELLIGENTPEOPLE.COM EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER THE COMPANY, NOR THE ADMINISTRATORS OF INTELLIGENTPEOPLE.COM MAKE ANY WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE COMPANY OR THE ADMINISTRATORS OF INTELLIGENTPEOPLE.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY OR THE ADMINISTRATORS OF INTELLIGENTPEOPLE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, SERVICE, AND/OR ANY GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF INTELLIGENTPEOPLE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER INTELLIGENTPEOPLE.COM SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. INDEMNITY. YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD INTELLIGENTPEOPLE.COM HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST INTELLIGENTPEOPLE.COM ARISING OUT OF YOUR USE OF THE SERVICE OR SOFTWARE.
This Agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. You understand and agree that you are solely responsible for reviewing the terms of this Agreement from time to time. Any continued use of the Software or Service by you after such amended terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended terms. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
9. PROPRIETARY RIGHTS TO INTELLIGENTPEOPLE.COM
The Company owns and retains all proprietary rights to the Site and the Service, including, but not limited to, logo, the IQ test, images, graphics and text which are part of the Site. The Site contains the copyrighted material, trademarks, and other proprietary information of the Company, and its licensors. Except for that information which is in the public domain or for which you have been given expressly written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
10. VENUE, JURISTICTION AND GOVERNING LAW
By visiting or using the Site and/or the Service, you agree that the laws of the Kingdom of Denmark, without regard to conflicts of laws, shall govern this Agreement and any dispute of any sort that might arise between you and the Company or the administrators of IntelligentPeople.com, and that the place of venue shall be Denmark.
1. GENERAL PROVISIONS
Welcome to the IntelligentPeople.com service (in the following referred to as "IntelligentPeople.com" or the "Service"). The owner of the Service, IntelligentPeople.com Limited, 29 Harley Street, London W1G 9QR, United Kingdom, is in the following referred to as "us", "we" or the "Company". To become a member of IntelligentPeople.com, you must read and accept all of these terms and conditions of use (in the following referred to as "Terms of Use" or "Agreement") and the Privacy Policy. If you do not agree to be bound by this Agreement, you may not use the Service. By accessing IntelligentPeople.com (in the following referred to as the "Site"), you signify that you have read, understand and agree to be bound by these Terms and Conditions of Use, whether or not you are a registered member of IntelligentPeople.com. You agree that we may change, modify, add or delete provisions to this Agreement or the Privacy Policy, in our sole discretion, by posting the amended Agreement to the Site. Your continued use of the Service indicates your acceptance of the amended Agreement.
2. ELIGIBILITY
By accessing the Site and accepting this Agreement you warrant and represent to IntelligentPeople.com that you are at least 18 years old. Any registration by, use of or access to the Site by anyone under 18 is unauthorized and in violation of these Terms of Use.
You also agree that to become a member of the Service, you have to pass the IntelligentPeople.com IQ test. By accepting these Terms of Use and accessing the Site you warrant and represent to IntelligentPeople.com that you have taken and passed the IQ test on your own. Any registration by, use of or access to the Site by anyone who has not passed the IQ test is unauthorized and in violation of these Terms of Use. IntelligentPeople.com reserves the right to refuse membership to anyone.
3. REGISTRATION WITH INTELLIGENTPEOPLE.COM
You understand and agree to the following:
(a) if you choose to register, you must submit a valid e-mail address and select a password and user name during the registration process;
(b) You are responsible for maintaining the confidentiality of your member name and password, and all uses of your account - whether or not you've authorized such use;
(c) You agree to notify IntelligentPeople.com immediately of any unauthorized use of your account and
(d) you acknowledge that other users will be able to view your profile. IntelligentPeople.com will not be held liable for any loss or damage for non-compliance. In addition, you understand and agree that the content of all users, including your content, will be collected, aggregated and anonymously integrated into the IntelligentPeople.com. You understand, and agree that, unless expressly stated, IntelligentPeople.com in no way controls, verifies, or endorses any of the information contained on or in the IntelligentPeople.com service, including links, events, messages, message boards and members published classifieds.
(e) you agree that when registering with IntelligentPeople.com, you will pass the IQ test required for admission without help from others. You acknowledge that we may change, modify, add or delete parts of or the entire IQ test at any time at our sole discretion.
To register for the Service, you must complete the IntelligentPeople.com registration forms. As part of the registration process for the Service, you agree to:
(a) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate); and
(b) maintain and update this information as required to keep it current, complete and accurate. The information requested upon original sign up shall be referred to as registration data ("Registration Data"). IntelligentPeople.com reserves the right to delete accounts created by users who appropriate the name, likeness, email address, or other personally identifiable information of another individual.
IntelligentPeople.com reserves the right to refuse the Service to any user.
By accepting these Terms of Use you agree that we may use your e-mail address to contact you. Please read more in our Privacy Policy.
4. USER CONTENT POSTED ON THE SITE
By agreeing to these Terms, members affirm that they will not use this service to harass or abuse other members. Individuals who have demonstrably harassed other individuals via message boards, private messages, classifieds, or using other means may be removed from IntelligentPeople.com.
You are fully responsible for any content you post on the IntelligentPeople.com, including, but not limited to, photos, personal profile(s), message boards, classifieds, events, comments, e-mail messages - and the consequences of any such content.
You understand and agree that IntelligentPeople.com may review from time to time and delete any content that violates this Agreement or which might be offensive, illegal, or harm the safety of or violate the rights of other users and members.
Content that is illegal or prohibited, includes, but is not limited to, material, text, graphics, video or audio that:
Posts or discusses solutions to the IQ test, ways to get around it and similar
Refers to IntelligentPeople.com, the Company or Administrator in a derogatory manner
Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable
Displays sexually explicit material of any kind, including but not limited to, nudity, sexual language and obscene gestures
Is intended or designed to disrupt an ongoing conversation via flaming (a message in which the writer publicly attacks another participant in overly harsh, or personal terms) or trolling (deliberately posting derogatory or inflammatory comments in order to bait other users into responding).
Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation
Transmits or posts any unsolicited or unauthorized advertising, 'spam', junk mail, 'chain letters', 'pyramid schemes', etc.
Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights . If IntelligentPeople.com receives proper notification (cf. provision 5 of this Agreement) that such content have been uploaded to the Site, such content shall be removed from the Site without warning, and the user responsible may be banned from the Site.
Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the IntelligentPeople.com
Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without IntelligentPeople.com prior consent
Contains personally identifiable information about another member that is published without their express consent
Contains material originally posted by another member that is reposted without permission or attribution Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
Has misleading email addresses or other manipulated identifiers to disguise its origin
Note: Hate speech is not acceptable and will not be tolerated on IntelligentPeople.com. As defined by IntelligentPeople.com, hate speech may consist of symbols or images, as well as text.
5. COPYRIGHT COMPLAINTS
If you believe that material infringing on copyright, trademark law or any other proprietary rights have been uploaded to the Site, please let us know by sending an e-mail to: copyright@IntelligentPeople.com. Please include 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. For example, 'The copyrighted work is my content that appears at http://www.IntelligentPeople.com/subpage123.' If multiple copyrighted works at a single online site are covered by your notification, you may provide a representative list of such works at that site.
2. Identify the URL or other specific location on the IntelligentPeople.com website or service 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. For example, 'The content at the following URL infringes on my copyright: http://www.IntelligentPeople.com/subpage999.'
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.
Upon receiving proper notification we will promptly remove the allegedly infringing material, and notify the alleged infringer about your notification. The alleged infringer may set forward a counter notification, if the alleged infringer believes that his or her own copyrighted material has been wrongfully removed from the Site.
6. ANSWERS TO THE IQ TEST
IntelligentPeople.com will not make public the correct answers to the IQ test required for admission.
By agreeing to these Terms of Use and accessing the Site, you agree that you will not make public answers to the IQ test, not on the Site or anywhere else, and you agree that you will not discuss in the Site forum, blogs or anywhere else possible correct answers to the questions in the IQ test. The IQ test as a whole may be discussed, but not the answers. You agree and understand, that a violation of this provision will result in you being held liable, and in addition, you will have to pay a penalty of GBP 10,000 for each violation, and for each month the violation takes place.
7. TERMINATION OF MEMBERSHIP
IntelligentPeople.com may terminate your membership and any and all information, communications or postings, at any time, without notice, for conduct that violates this Agreement.
You may terminate your own membership at any time by deleting your profile.
8. DISCLAIMERS
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE INTELLIGENTPEOPLE.COM SITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE INTELLIGENTPEOPLE.COM SITE ARE PROVIDED ON AN 'AS IS' BASIS. THE COMPANY AND THE ADMINISTRATORS OF INTELLIGENTPEOPLE.COM EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER THE COMPANY, NOR THE ADMINISTRATORS OF INTELLIGENTPEOPLE.COM MAKE ANY WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE COMPANY OR THE ADMINISTRATORS OF INTELLIGENTPEOPLE.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY OR THE ADMINISTRATORS OF INTELLIGENTPEOPLE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, SERVICE, AND/OR ANY GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF INTELLIGENTPEOPLE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER INTELLIGENTPEOPLE.COM SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. INDEMNITY. YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD INTELLIGENTPEOPLE.COM HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST INTELLIGENTPEOPLE.COM ARISING OUT OF YOUR USE OF THE SERVICE OR SOFTWARE.
This Agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. You understand and agree that you are solely responsible for reviewing the terms of this Agreement from time to time. Any continued use of the Software or Service by you after such amended terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended terms. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
9. PROPRIETARY RIGHTS TO INTELLIGENTPEOPLE.COM
The Company owns and retains all proprietary rights to the Site and the Service, including, but not limited to, logo, the IQ test, images, graphics and text which are part of the Site. The Site contains the copyrighted material, trademarks, and other proprietary information of the Company, and its licensors. Except for that information which is in the public domain or for which you have been given expressly written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
10. VENUE, JURISTICTION AND GOVERNING LAW
By visiting or using the Site and/or the Service, you agree that the laws of the Kingdom of Denmark, without regard to conflicts of laws, shall govern this Agreement and any dispute of any sort that might arise between you and the Company or the administrators of IntelligentPeople.com, and that the place of venue shall be Denmark.
