Welcome to The Evolution of Strategic Management Blog TOS, Terms of Service!
Thanks for using our products and services (Services). These Services are provided by InGenius Results Pty Ltd, (InGeniusResults), located in Sydney, Australia.
By using our Services, you agree to these terms. Please read them carefully.
You must be at least 16 years old to use the Service.
You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, InGeniusResults prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to InGeniusResults upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You agree that you will not solicit, collect or use the login credentials of other InGeniusResults users.
You are responsible for keeping your password secret and secure.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, Content) that you submit, post or display on or via the Service.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or InGeniusResults.
You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a spam) to any InGeniusResults users.
You must not use domain names or web URLs in your username without prior written consent from InGeniusResults .
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any InGeniusResults page is rendered or displayed in a user's browser or device.
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your InGeniusResults account by logging into the Service and completing the form available here: http://ingeniusresults.com/Contact.html . If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
We reserve the right to refuse access to the Service to anyone for any reason at any time.
We reserve the right to force forfeiture of any username for any reason.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that InGeniusResults is not responsible or liable for the conduct of any user. InGeniusResults reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. InGeniusResults does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that InGeniusResults is in no way responsible or liable for any such third-party services or features. Your correspondence and business dealings with third parties found through the service are solely between you and the third party.. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if InGeniusResults has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the InGeniusResults Parties (defined below) harmless for activity related to the Application.
You agree that you are responsible for all data charges you incur through use of the Service.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with InGeniusResults express consent).
Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that InGeniusResults may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
The Service contains content owned or licensed by InGeniusResults (InGeniusResults Content). InGeniusResults Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and InGeniusResults, InGeniusResults owns and retains all rights in the InGeniusResults Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the InGeniusResults Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the InGeniusResults Content.
The InGeniusResults name and logo are trademarks of InGeniusResults, and may not be copied, imitated or used, in whole or in part, without the prior written permission of InGeniusResults. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of InGeniusResults, and may not be copied, imitated or used, in whole or in part, without prior written permission from InGeniusResults.
Although it is InGeniusResults intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, InGeniusResults reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by InGeniusResults, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, InGeniusResults encourages you to maintain your own backup of your Content. In other words, InGeniusResults is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. InGeniusResults will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
It is InGeniusResults policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, InGeniusResults does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that InGeniusResults is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, Content), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blogs URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by InGeniusResults or otherwise.
By submitting Content to InGeniusResults for inclusion on your Website, you grant InGeniusResults a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, InGeniusResults will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, InGeniusResults has the right (though not the obligation) to, in InGeniusResults sole discretion (i) refuse or remove any content that, in InGeniusResults reasonable opinion, violates any InGeniusResults policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in InGeniusResults sole discretion. InGeniusResults will have no obligation to provide a refund of any amounts previously paid.
Optional paid services such as extra storage, or purchases are available on the Website (any such services, an Upgrade). By selecting an Upgrade you agree to pay InGeniusResults the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
Unless you notify InGeniusResults before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time in the Upgrades section of your sites dashboard.
InGeniusResults has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that materials content, use or effects. By operating the Website, InGeniusResults does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. InGeniusResults disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which InGeniusResults links, and that link to InGeniusResults . InGeniusResults does not have any control over those non- InGeniusResults websites and webpages, and is not responsible for their contents or their use. By linking to a non- InGeniusResults website or webpage, InGeniusResults does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. InGeniusResults disclaims any responsibility for any harm resulting from your use of non- InGeniusResults websites and webpages.
As InGeniusResults asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by InGeniusResults violates your copyright, you are encouraged to notify InGeniusResults. InGeniusResults will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. InGeniusResults will terminate a visitors access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of InGeniusResults or others. In the case of such termination, InGeniusResults will have no obligation to provide a refund of any amounts previously paid to InGeniusResults.
5.2 Intellectual Property
This Agreement does not transfer from InGeniusResults to you any InGeniusResults or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with InGeniusResults logo, and all other trademarks, service marks, graphics and logos used in connection with InGeniusResults, or the Website are trademarks or registered trademarks of InGeniusResults or InGeniusResults licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any InGeniusResults or third-party trademarks.
5.3 Reporting Copyright and other Intellectual Property violations
We respect other people's rights, and expect you to do the same.
We provide you with tools to help you protect your intellectual property rights. To report claims of intellectual property infringement, email support@InGeniusResults.com
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
6.1 Entire agreement
This Agreement constitutes the entire agreement between InGeniusResults and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of InGeniusResults , or by the posting by InGeniusResults of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state nominated by InGeniusResults., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located as designated by InGeniusResults. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled as proposed by InGeniusResults, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; InGeniusResults may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
6.2 Reporting issues
If you find an InGeniusResults site that you believe violates our terms of service, please report the case to email@example.com
6.3 Time limitations on claims
You agree that any claim you may have arising out of or related to your relationship with InGeniusResults must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
6.4 Acting for a legal entity
6.5 Territorial restrictions
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject InGeniusResults to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that InGeniusResults provides.
InGeniusResults may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your InGeniusResults account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Content Ownership
7.1 Licence to Reproduce
Content published by the The Author via InGeniusResults services is owned by The Author. Usage of The Authors content by InGeniusResults is allowed for marketing purposes, unless said content is marked as private.
You agree to indemnify and hold InGeniusResults , and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
7.3 Author Responsibility
The Author is entirely responsible for the content of, and any harm resulting from, the Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
(i) The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
(ii) The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
(iii) The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
(iv) The Content does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
(v) Your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
(vi) Your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blogs URL or name is not the name of a person other than yourself or company other than your own;
7.4 Content Removal
Content published by The Author is not pre-screened by InGeniusResults . InGeniusResults shall have the right, in their sole discretion, to refuse publication or remove from their systems, of Content published by The Author.
InGeniusResults is authorized to insert advertisement into content published by The Author. Advertisement shall take the form of advertisement banners. Advertisement shall be clearly marked as such in published pages.
9. Pricing Policy
The pricing policy defines InGeniusResults optional paid services that add features to the blog. The paid services relate to different limits on:
(i) Access to InGeniusResults Service features,
(ii) Storage limits for data stored in InGeniusResults servers,
The pricing policy may change without prior notice or posterior notification to the Author.
10. Blog suspension and deletion for inactivity
InGeniusResults reserves the right to suspend and delete blogs based on activity criteria. Suspension and deletion criteria are applied individually per blog hosted on InGeniusResults. A blog will be considered active if it fulfils at least one of the following conditions:
(i) It subscribes any premium service.
(ii) It contains more than ten posts, and the most recent post is less than eighteen months old.
(iii) It contains more than one post, and the most recent post is less than six months old.
(iv) Its most recent post is less than two weeks old.
Blogs that can not be considered active will be marked as inactive. InGeniusResults may at any time start a deletion process for inactive blogs. The deletion process occurs as follows:
(i) The blog is suspended for inactivity
(ii) An email is sent to the registered owner email address, informing of the suspension
(iii) The blog is deleted thirty days after the suspension date, if it still can not be considered active.
11. Disclaimer of warranties
You expressly understand and agree that:
(a) Your use of the service is at your sole risk. The service is provided on an AS IS and AS AVAILABLE basis. InGeniusResults expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose and non-infringement.
(b) InGeniusResults will make reasonable efforts to maintain the service, however, InGeniusResults is not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or non-delivery of information, restriction or loss of access, bugs or other errors.
Unauthorised use due to your sharing of access to the service, or other interaction with the service. You are responsible for maintaining and backing up your data and information that may reside on the service. InGeniusResultsdoes not warrant that:
(i) The service will meet your specific requirements,
(ii) The service will be uninterrupted, timely, secure or error free.
(iii) The results that may be obtained from the use of the service will be accurate or reliable,
(iv) The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
(v) any errors in the software will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk that you will be solely responsible for any damage to your computer system or loss of data that results from any download.
(d) No advice or information, whether oral, written or obtained through or from the service shall create any warranty not expressly stated in the T.O.S., Terms of Service.
12. Limitation of liability
You expressly understand and agree that InGeniusResults shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages to, damages for loss of profit, goodwill, use, data or other intangible losses (even if InGeniusResults has been advised of the possibility of such damages) resulting from:
(i) The use or the inability to use the service,
(ii) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service.
(iii) unauthorised access to or alteration of your transmissions or data,
(iv) Statements or conduct of any third party on the service, or
(v) Any other matter relating to the service.