Generation Iowa - Terms and Conditions

GenerationIowa.com. Thank you for choosing GenerationIowa.com as your one-stop shop for everything young Iowa. This site was developed by young Iowans for young Iowans (age 14-35). References to “Generation Iowa™” throughout this Terms of Use Agreement refers collectively to “GenerationIowa.com,” “Virtual Cube™”, and all services, features and content related to the GenerationIowa.com Web site. The Iowa Department of Economic Development (“IDED”) operates this Web site and makes electronic online services available to Registered Users without charge for the purpose of communicating and exchanging information in an electronic environment. Generation Iowa™ is a social networking service that allows Registered Users to create unique personal profiles online to find and communicate with old and new friends in Iowa.
Virtual Cube™. Virtual Cube™ is a feature available through Generation Iowa™ that allows Registered Users to personalize their own virtual cubicle and view the personalized virtual cubicles of others.
Terms of Use. Similar to other Web sites, Generation Iowa™ has rules, or terms of use, that apply to your use of this Web site. By using the Generation Iowa™ Web site you agree to comply with, and be bound by, this Terms of Use Agreement (“Agreement”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. This Agreement states the terms and conditions that govern and control use of the electronic online services provided by IDED through this Web site . The use of Generation Iowa™ is voluntary and governed and controlled by this Agreement. If you do not accept this Agreement in its entirety, you should leave this Web site and discontinue use of the Generation Iowa™ services immediately. By using Generation Iowa™ you represent that you agree to be bound by the terms and conditions of this Agreement.
Modifications to Terms of Use. IDED may modify this Agreement from time to time. Such modification(s) shall be effective upon posting by the IDED on the Generation Iowa™ Web site. You agree to be bound to any changes to this Agreement when you use Generation Iowa™ services after any such modification is posted. It is important that you review this Agreement regularly to ensure you are updated as to any modifications made to the Agreement.
Registered User.
1. Eligibility. By using Generation Iowa™ services, you represent and warrant that all registration information you submit is truthful and accurate, you will maintain the accuracy of said information, you are at least 14-35 years of age, your use of Generation Iowa™ services does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if IDED believes you are under the age of 14. IDED reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of Generation Iowa™ services at any time, for any or no reason, with or without prior notice, and without liability. Further, IDED reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Generation Iowa™ if IDED determines, in its sole discretion, that you pose a threat to Generation Iowa™ and/or its Users.
2. Registered User. A Registered User means an individual or entity whose login and password is used to electronically view and add User Content (as defined in paragraph “i” below) to the Generation Iowa™ Web site. The Registered User is solely responsible for his/her use of Generation Iowa™. The Registered User may update his/her contact information on the Web site at www.generationiowa.com or call the communications team at the Iowa Department of Economic Development at 515.242.4700.
3. Login and Password Required. To become a Registered User, an individual or entity must choose a password to access Generation Iowa™. You are entirely responsible for maintaining the confidentiality of your password. You agree to not use the account, username, or password of another User at any time or disclose your password to any third party at any time. You agree to notify IDED immediately if you suspect any unauthorized use and/or access to your account. You are solely responsible for any and all uses of your account.
4. Registered User responsible for login and password. A Registered User is responsible for all User Content (defined in paragraph “i” below) submitted with the Registered Users login and password. A Registered User shall not knowingly cause or permit his/her login or password to be used by anyone other than the Registered User. All electronic filings and viewings of electronic files made by use of a login or password shall be deemed to be made with the authorization of the person registered to use the login and password unless and until proven by clear and convincing evidence to the contrary.
5. Changing passwords. Once registered, a Registered User may change his/her password. If the Registered User believes the security of an existing password has been compromised, the Registered User must change the password immediately. IDED may require password changes periodically.
6. Lost, misappropriated or misused logins or passwords. If a login or password is lost, misappropriated, misused or compromised in any way, the person registered to use that login or password must promptly notify IDED. The Registered User should notify IDED through its Web site at www.generationiowa.com or call the communications team at the Iowa Department of Economic Development at 515.242.4700.. For system security reasons, a Registered User’s access to Generation Iowa™ may be immediately suspended.
7. Inappropriate Material Prohibited. Please choose information you post on Generation Iowa™ Web site carefully. Your Generation Iowa™ profile may not include the following information: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Generation Iowa™ Registered Users may contain inaccurate, inappropriate, offensive or sexually explicit material, projects or services. The IDED assumes no responsibility or liability for such material. If you become aware of misuse of Generation Iowa™ services, please notify IDED through its Web site at www.generationiowa.com or call the communications team at the Iowa Department of Economic Development at 515.242.4700.
8. User Conduct. While this list is not exhaustive, you understand and agree to not use Generation Iowa™ to:
  - Post content or initiate communications that are unlawful, libelous, discriminatory or otherwise objectionable;
  - Upload, post, email, transmit, or otherwise make available any content that is deemed to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive or privacy or publicity rights, hateful or racially or ethnically or otherwise objectionable;
  - Use Generation Iowa™ for any illegal purposes, including, but not limited to, violation of state and/or federal law;
  - Falsely state, impersonate, or otherwise misrepresent your identify, including, but not limited to, the use of a pseudonym, or misrepresenting your current or present qualifications or your affiliations with a person or entity, past or present;
  - Upload, post, email transmit or otherwise make available any content or communications which include information that you do not have the right to make available under any law or under contractual or fiduciary relationship insider information, or proprietary and confidential information learned of part of employment relationships or under nondisclosure agreements;
  - Upload, post, email transmit or otherwise make available any unsolicited unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
  - Upload, post, email, transmit, or otherwise make available any material software viruses or any other computer code, files or programs designed to destroy or limit the functionality of any computer software, hardware, or telecommunications equipments.
  - Upload, post, email, transmit, or otherwise make available any content that is deemed to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive or privacy or publicity rights, hateful or racially or ethnically or otherwise objectionable;
  - Upload, post, email, transmit, or otherwise make available any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and/or credit card numbers;
9. User Content. You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings and other content that you upload, publish, share, transmit, or display on or through the Generation Iowa™ Web site.
  
  When you post User Content on the Generation Iowa™ Web site, you automatically authorize and grant, and you represent and warrant that you have the right to grant, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to IDED to use, copy, publicly perform, display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising or otherwise, on or in connection with the Generation Iowa™ Web site or the promotion thereof, to prepare derivative works, of, or incorporate into other works, such as User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the site at any time. If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that IDED may retain archived copies of your User Content. IDED does not assert any ownership over your User Content, rather, it is subject to the rights granted to IDED in this Agreement.
Right to Change IDED may discontinue, edit, delete or change any aspect of Generation Iowa™, including, but not limited to: (i) restricting availability times, (ii) restricting compatibility with certain computer software or hardware, (iii) restricting amounts of use permitted, and (iv) restricting, suspending or terminating any Registered User's right to use Generation Iowa™ at IDED’s sole discretion and without prior notice or liability.
Trademark and Copyright Notices. All contents of the service are Copyright © 2008 Iowa Department of Economic Development, 200 East Grand Avenue, Des Moines, Iowa U.S.A. All rights reserved. Generation Iowa™, Virtual Cube™ and other names used by IDED for products or services are trademarks owned by IDED. The content organization, graphics, design, compilation and other materials on or related to Generation Iowa™ are protected under applicable copyright, trademark and other proprietary and intellectual property rights. The copying, redistribution, use or publication by you of any such materials or any part of Generation Iowa™ is strictly prohibited. Registered Users do not acquire ownership rights to any content, document or other materials viewed through this Web site.
Limited Right to Use. Except as may otherwise be allowed by law (including but not limited to the Iowa Open Records Act), the viewing, printing or downloading of any content, graphic, form or document from Generation Iowa™ grants you only a limited, nonexclusive license for use solely by you for your own personal use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (not for resale or redistribution). You must keep intact all copyright and other proprietary notices. IDED may revoke this license at any time.
Performance. IDED does not guarantee the performance or the availability of Generation Iowa™ either at a particular time or for a particular purpose. IDED does not guarantee, represent or warrant that Generation Iowa™ will be error-free, free of any viruses or other harmful components, or that any errors or defects in Generation Iowa™ will be corrected. IDED reserves the right in its exclusive discretion at any time without notice to amend, limit, modify, suspend or terminate the Service.
WARRANTIES. GENERATION IOWA™ IS PROVIDED ON AN "AS IS" BASIS. IDED EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY FOR A PARTICULAR PURPOSE. IDED DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND WHATSOEVER EITHER RESULTING FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF GENERATION IOWA™.
LIMITATION OF LIABILITY. IDED SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF GENERATION IOWA™. IDED SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) EITHER RESULTING FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF GENERATION IOWA™ REGARDLESS OF THE THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY EVEN IF IDED HAS BEEN EITHER ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IDED WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN GENERATION IOWA™ , OR FOR THE INCOMPATIBILITY BETWEEN THIS WEB SITE AND FILES AND THE REGISTERED USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. IDED WILL ALSO NOT BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE REGISTERED USER DUE TO CAUSES BEYOND IDED’S CONTROL.
INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS IDED, ITS OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS OR PROCEEDINGS, AS WELL AS ANY AND ALL LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) ARISING OUT OF OR RELATED TO YOUR USE OF GENERATION IOWA™ . IDED RESERVES THE RIGHT TO PARTICIPATE IN AND CONTROL ITS DEFENSE AND RESERVES THE RIGHT TO REQUIRE REIMBURSEMENT FOR THE COSTS, EXPENSES AND FEES OF ITS DEFENSE FROM THE REGISTERED USER.
Investigation. IDED reserves the right in its exclusive discretion to investigate complaints or reports of any violation of this Agreement and to take any action it deems appropriate in response thereto including without limitation the restriction, suspension or termination of the use of Generation Iowa™ by the Registered User and the reporting of such violation to law enforcement or regulatory officials. IDED further reserves the right to provide such officials with any information it has collected in the course of its investigation including without limitation individual profiles, electronic mail addresses, usage histories, posted materials and Internet Protocol addresses.
Governing Law. This Agreement shall be treated as though it were executed and performed in Des Moines, Iowa and shall be governed by and construed in accordance with the laws of the State of Iowa (without regard to conflict of law principles).
Miscellaneous: Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with the applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with Generation Iowa™ is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. IDED’s delay or failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. These terms of use are the only understanding and agreement that we have regarding your use of Generation Iowa™. It supersedes all other communications, understandings or agreements we may have had prior to this Agreement.