The Site is operated by iPondr, SBC and its affiliates (collectively, “iPondr”, “we”, “us” or “our”). “You” refers to you, as a User (as defined below) of the Site and to people that you contact through the Site (or that we contact on your behalf), or a person who you might choose to contact (or that we contact on your behalf) at some point in the future through the use of the Site. Through the Site, our visitors who use our websites, platforms, applications, products or services (“Users”) will be able to access digital media content designed to entertain and inform on political and social topics.
These Terms contain sections labeled “WHAT THIS MEANS” with accompanying explanatory text. Any information or terms provided therein are solely for convenience and are qualified entirely by the full text of these Terms.
What this means: We provide content designed to entertain and inform on political and social topics. These terms govern your use of the Site.
You visiting the Site or sending emails to iPondr, as well as iPondr contacting you through push notifications, email or other electronic means constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. You have the right to opt-out of receiving any communications from us other than communications directly related to providing you access to the Site.
What this means: We may send you emails from time to time. Let us know if you don’t want to receive them, although there may be some emails we have to send you.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that iPondr is not responsible for third party access to your account that results from theft or misappropriation of your account. iPondr and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit Content (as defined below) in our sole discretion.
iPondr does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 13, you may use the Site only with permission of a parent or guardian.
What this means: Keep your account information safe and private. You cannot use iPondr if you are under the age of 13 without the permission of your parent or guardian. Be aware personally identifying information of iPondr users is never shared with third parties.
Code of Conduct
You agree that you will comply with all applicable laws, rules and regulations, and that you will not:
- Engage in any illegal, vulgar or harassing activity with any of our Users;
- Restrict or inhibit any other person from using the Site;
- Use the Site for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Impersonate any person or entity, whether actual or fictitious, including any employee or representative of iPondr;
- Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any information that you are prohibited from submitting, whether by law or by contract; (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication; or (d) any content or information that, in the sole judgment of iPondr, is objectionable or which may expose iPondr or its Users to any harm or liability of any type;
- Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, or contains any personal contact information or other personal information identifying any third party;
- Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals;
- Engage in spamming or flooding;
- Harvest or collect information about Users; or
- Use any area of the Site for commercial purposes, such as to promote your content or your company, products or services.
Unless otherwise expressly authorized herein or in the Site, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Site, Content on the Site, use of the Site, or access to the Site.
What this means: Please be a good customer. Use common sense when using the Site and don’t submit any information or data that you shouldn’t.
Ownership of Content and Grant of Conditional License
The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site (collectively, the “Content”) are owned by us or our licensors. We own a copyright and, in some instances, patents and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time. We do not guarantee that any particular Content will be available at any specific time. From time to time we may remove Content that was previously accessible on the Site, or add new Content.
Parts of the Content are articles and newsletters related to social and political issues, some of which may be deemed controversial or offensive. The information and views expressed in the articles and newsletters may be opinions (either ours or those of other parties) and iPondr in no way endorses or guarantees any such information and views.
We grant you a limited, conditional, non-exclusive, non-transferable, non-sublicensable license to view the Site and the Content as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:
- Submit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
- Link to any portion of the Site other than the URL assigned to the home page of the Site;
- “Frame” or “mirror” any part of the Site;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
- Remove any copyright, trademark or other proprietary rights notices contained on the Site;
- Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past;
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content;
- Use the Site or the Content in an attempt to, or in conjunction with any device, program or service designed to, circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in these Terms. This license exists only so long as you strictly comply with each of the provisions described in these Terms. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in these Terms exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.
The registered and unregistered trademarks, logos and service marks displayed on the Site are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission.
What this means: We own our Site and all the intellectual property in it. Don’t try to steal our name, site, content, etc. or recreate them and don’t try to manipulate or crash our Site.
Access to Content
The Content is accessible on the Site according to different subscription options. Prices for paid Content are as listed on the Site. You agree to pay such fees as are listed and agree that you are not entitled to a refund of any fees except in cases where we violate these Terms. In certain cases, you may access the Content in exchange for your comment, feedback or other reaction to the Content. You agree that you will give us your sincere and personal response to the Content in such cases. Content that may be accessed in this way will be indicated on the Site. You agree that we may use any feedback you give us in these cases to improve the Site and to determine which Content to provide you with. Additionally, your feedback may anonymized and personally identifying information removed for use as data, within iPondr’s mission and business framework.
What this means: Some of the Content you’ll have to pay for. Some of the Content you can view for free if you give us your feedback so we can improve the Content we provide. Collected points of view and feedback become data only after all personally identifying information is removed. Please give us your honest opinion. It matters to us.
Claims of Copyright Infringement on the Site
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent are or is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.
Notices and counter-notices should be sent to iPondr, SBC, 1625 Hennepin Ave, Minneapolis, MN 44303, Attn: Office of the President, email@example.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
If you believe that any comments, links, text or information submitted by you on the Site (“User Content”) that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the President at the address and/or email set forth above: (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and (d) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within District of Minnesota and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our President, iPondr will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or User, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
In accordance with the DMCA and other applicable law, iPondr has adopted a policy of terminating, in appropriate circumstances and at iPondr’s sole discretion, access to the Site for Users who are deemed to be repeat infringers. iPondr may also at its sole discretion limit access to the Site and/or terminate the registrations of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
What this means: We follow intellectual property laws. If you think people are misusing your intellectual property, follow these procedures.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of iPondr and iPondr is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. iPondr is providing these Linked Sites to you only as a convenience, and the inclusion of any Linked Site does not imply endorsement by iPondr of the Linked Site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Sites, you hereby acknowledge and consent that other parties may have access to your information and data. The handling of any such data or information will be governed by those third parties’ privacy policies.
What it means: iPondr may occasionally feature content linked outside of iPondr. We aim to only share outside content that’s in line with our own policies, but we’re not responsible if it’s not or if you just don’t like it. We also can’t control the third party sites used to deliver some of our services.
The Site is controlled, operated and administered by iPondr from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. These Terms shall be governed by the laws of the State of Minnesota, without respect to its conflict of laws principles.
You agree to indemnify, defend and hold harmless iPondr, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any provision of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. iPondr reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with iPondr in asserting any available defenses.
What this means: If someone sues us because of something you posted, uploaded or did on or off the Site, you will be financially responsible.
WE PROVIDE THE SITE AND ANY ACCOMPANYING SERVICES TO YOU “AS IS” AND “AS AVAILABLE”. WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE DO NOT GUARANTEE THE QUALITY OR STANDARD OF ANY OF THE CONTENT, INCLUDING ANY OF THE NEWSLETTERS OR ARTICLES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, INCLUDING COLUMNISTS, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
What this means: Despite our best efforts, the Site may have problems. We try to make sure everything works, but there are limits to what you can sue us for.
Disputes, Including Mandatory Arbitration and Class Action Waiver
Any dispute or claim relating in any way to your use of the Site, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
- You may assert claims in small claims court if your claims apply;
- If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Minneapolis, Minnesota, and both you and we consent to the jurisdiction of those courts for such purposes; and
- In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Minneapolis, Minnesota, and both you and we consent to the jurisdiction of those courts for such purposes.
This arbitration agreement is intended to be broadly interpreted and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: iPondr SBC, 1625 Hennepin Avenue, Minneapolis, MN 55403 Attn: President. You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. You will be responsible for those fees, and in no event will we pay for attorneys’ fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the Minneapolis, Minnesota.
You and we each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
What this means: We hope it never comes to this, but if there is a legal dispute between you and us, we’ll do arbitration instead of going to court.
iPondr reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. If your access to the Site is terminated as a result of your breach of these Terms, any fees you have paid us for access to the Content is subject to forfeiture, even if we restrict or cancel your access to the Site or the Content. To the maximum extent permitted by law, these Terms is governed by the laws of the State of Minnesota and you hereby consent to the exclusive jurisdiction and venue of courts in Minnesota in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and iPondr as a result of these Terms or use of the Site. iPondr’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of iPondr’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by iPondr with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and iPondr with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and iPondr with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
What this means: We want everyone to enjoy the Content we make available. If we have to cancel your access to the Site because of something you did, you might not get your money back.
Changes to Terms
We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on the Site. If a revision, in our discretion, is material, we’ll notify you. By continuing to access or use the Site after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using the Site.
What this means: If we make significant changes to the terms, we’ll keep you posted (probably by email). If you don’t like the new terms, you’ll have to stop using the Site.
iPondr welcomes your questions or comments regarding the Terms:
1625 Hennepin Ave, Minneapolis, MN 55403
Effective as of December, 2020