Intelligence Squared - Terms of Use

IQ2 Terms of Use

Effective as of: 30th November 2009

Intelligence Squared Limited makes public lectures, debates, interviews and other spoken word events accessible online via our website located at www.intelligencesquared.com (the "Site") and through other media distribution outlets (the "Services").

Although every effort is taken to ensure the accuracy of the information contained within the pages of the Site, we cannot guarantee that the Content or Services of the Site will always be current, accurate or complete.

Please read the following terms and conditions ("Terms of Use") carefully, these Terms of Usegovern your access to and use of the Site and Services, including without limitation any content, information or products therein.

BY USING THE SITE, SERVICES, SUBSCRIPTIONS (INCLUDING ANY CONTENT PROVIDED THEREIN) OR YOUR USER ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE.

IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.

This is a legal agreement between you and Intelligence Squared Limited (“Agreement”).

I. Content

Certain types of content are made available through the Site. The "Content" is defined as, any text, data, graphics, images, audio and video files made available through the Site, excluding User Submissions.

"User Submissions" as used in these Terms of Use means, collectively or individually, any text, data, graphics, images, photos and video files and other content and information that Registered Users post, upload and otherwise transmit to the Site.

2. Modification

Whilst IQ2 shall use its reasonable endeavours to ensure that this site is normally available 24 hours a day, IQ2 will not be liable if for any reason the site is unavailable at any time or for any period. Access may be suspended temporarily and without notice in circumstances of system failure, maintenance or repair or for reasons beyond our control.

IQ2 reserves the right to remove, vary or amend any of the content of the Site and Services or modify these Terms of Use without notice. All modified terms and conditions will be effective after they are posted on the Site (unless a longer notice period is required by applicable law). By continuing to access or use the Site and Services after IQ2 makes any such revision, you agree to be bound by the revised Terms of Use.

3. Registration

In order to access certain features of the Site and Services, and to post User Submissions, you will have to create an IQ2 account thereby becoming a " Registered User ". To become a Registered User and register with us you must be at least 13 years of age. When you register, you will be asked to choose a user name and a password. You are responsible for your password and agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password. You shall notify IQ2 of any unauthorized use of your password. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete.

This Site is not directed to children under 13. If a parent or guardian becomes aware that a child in their care has provided us with personally identifiable information without their consent, they should contact us. If IQ2 becomes aware that a child under 13 has provided us with personally identifiable information, we will delete such information from our files.

4. Subscription Fees and Sales

At this time, the Site and selected Services are offered free of charge. IQ2 may decide at any time, at its sole discretion, to collect fees related to viewing Content and use of the Site and Services in general. You will be given notice by a posting on the Site and will have the opportunity to opt out or agree to updated Terms of Use and rates.

5. Termination

IQ2 may at any time suspend or terminate your IQ2 account or refuse to provide access to the Site with or without reason or notice to you. Without limiting the rights and remedies available to Intelligence Squared Limited, IQ2 may restrict or terminate your account without notice to you if: (i) IQ2 suspects that you have failed to comply with any provision of these Terms of Use or any policies or rules established by Intelligence Squared Limited; or (ii) IQ2 suspects that your actions may be illegal or cause liability, harm or disruption for you, Intelligence Squared Limited, other users of the Site or Services.

You may terminate your IQ2 account at any time by contacting us. Any suspension, termination or cancellation shall not affect the provisions of this Agreement which by their nature are intended to survive its termination or expiry, including your obligations or Intelligence Squared Limited’s rights under the following Sections 6 through 16.

6. Third Party Links

The Site may provide links to third party websites or resources from the Site. We shall have no liability in respect of any materials provided by third parties, or in respect of any web sites which may be linked to the Site, but which are not under IQ2’s control. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

7. Viruses

Whilst reasonable care is taken to prevent computer viruses being transmitted via the pages and files distributed through this Site, as with all use of the internet, users should ensure that they have their own online security and virus protection before using this Site. We exclude all liability to any User or of any files distributed via this Site for any damage or loss (including loss or corruption of data) resulting directly or indirectly from any visit to or use by any person of this Site or of any files distributed by this Site.

8. Ownership & Intellectual Property Rights

a. Content. You may access and use the Site, Services and Content for your own personal non-commercial use. Subject to the foregoing sentence, you may have the right to download content (as offered on the Site) or stream such content to a media device for your personal non-commercial viewing. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, Content, User Submissions or related products and services and other than as set forth in this section 7(a) you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Services, Content or User Submissions (other than your User Submissions). IQ2 and its partners own all right, title and interest, including all worldwide intellectual property rights in the Site, Content and the trademarks, service marks and logos contained therein other than your User Submissions.

b. User Submissions.

(i) IQ2 does not claim ownership rights in your User Submissions. However, by uploading, submitting, emailing, posting, publishing or otherwise transmitting any User Submission to Intelligence Squared Limited, on the Site or through the Services you hereby grant and agree to grant IQ2 a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites. You warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to Intelligence Squared Limited. IQ2 shall own all right, title and interest in and to all derivative works and compilations of User Submissions that are created by Intelligence Squared Limited, including all worldwide intellectual property rights therein.

(ii)You acknowledge and agree that IQ2 may, at its option, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Submissions on Intelligence Squared Limited’s servers. IQ2 shall have no responsibility or liability and you are solely responsible for creating back-ups of your User Submissions.

(iii) IQ2 does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and IQ2 expressly disclaims any and all liability in connection with User Submissions. You understand that when using the Site and Services, you will be exposed to User Submissions from a variety of sources, and that IQ2 is not responsible for the accuracy, usefulness or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against IQ2 with respect thereto.

9. Restrictions

As a condition to your access and use of the Site, Content or Services, and in connection to such access or use, you agree not to:

Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content.
Use any meta tags or other hidden text or metadata utilizing an IQ2 name, trademark, URL or product name;
Post, upload and otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
Post, upload or otherwise transmit, via the Site or Services, any User Submissions that are unlawful, obscene, harmful, threatening, harassing or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity (including without limitation any pornography), is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of Intelligence Squared Limited;
Post, upload or otherwise transmit any User Submissions that contains software viruses or any other computer code, files or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site;
Post, upload or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of Intelligence Squared Limited’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
Attempt to probe, scan or test the vulnerability of any IQ2 system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by IQ2 or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks.
Collect or store personal data about other users without their express permission;
Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
Violate any applicable law, regulation or ordinance; or
Use the Site or Services in any manner not permitted by this Agreement.

10. Copyright

You shall not use the site or its services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.

11. Enforcement of Terms

IQ2 reserves the right to investigate and prosecute violations of these Terms of Use to the fullest extent of the law. IQ2 reserves the right to involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that IQ2 has no obligation to pre-screen or monitor your access or use of its Site, Content, Services or User Submissions, but has the right to do so for the purpose of operating this Site and Services to ensure your compliance with these Terms of Use or to comply with applicable law or the order or requirement of a court, administrative agency or other government body. You hereby agree that IQ2 may, in the exercise of Intelligence Squared Limited’s sole discretion, remove or delete any Content or User Submissions or portions thereof that violate these Terms of Use or that is otherwise objectionable.

12. Disclaimer

Your use of the Site, Services, Content and User Submissions is at your sole discretion and risk. The Site, Services, Content and User Submissions, and all materials, information, products and services included therein, are provided on an "as is" and "as available" basis without warranties of any kind. IQ2 disclaims all warranties of any kind, express, implied or statutory, relating to the site, services, content and user submissions, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Intelligence Squared Limited, shall create any warranty not expressly stated in this Agreement.

13. Limitation of Liability

In no event shall Intelligence Squared Limited, its officers, directors, employees, or agents, be liable to you for any damages whatsoever, arising out of or in connection with your use of the Site, Services, Content or User Submissions whether the damages are foreseeable and whether or not IQ2 has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and in no event shall Intelligence Squared Limited’s cumulative liability to you exceed £100.

14. Indemnification

You agree to indemnify Intelligence Squared Limited, its officers, directors, employees and agents from and against any third-party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and User Submissions; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.

15. General

If part of this Terms of Use is held to be invalid, that provision shall be deemed not to form part of the Agreement and the remainder of the Agreement will not be affected.

The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of IQ2. IQ2 may assign these Terms of Use or any rights hereunder without your consent.

The relationship of the parties under these Terms of Use is that of independent contractors, and these Terms of Use will not be construed to imply that either party is the agent, employee or partner of the other.

This Agreement is governed by the laws of England and the English Courts shall have exclusive jurisdiction.

These Terms of Use together with the rules and policies of IQ2 constitutes the entire Agreement between IQ2 and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (a) by IQ2 via email (in each case to the address that you provide), (b) a posting on the Site or (c) by contacting us at such address as is made public on the Site (or other addresses as IQ2 may specify in writing). The date of receipt shall be deemed the date on which such notice is transmitted.

16. Feedback

Your feedback is welcome and encouraged.

If you have questions about these Terms of Use or about the Services, please contact IQ2 at info@intelligencesquared.com.

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