Legal Notices

Terms Of Acceptable Use

Welcome to Independent Discovery (also referred to as "Independent Discovery.com," the "Independent Discovery Site" or the "Website"). Independent Discovery is a subdivision of Virtoren, Inc. Please read these terms and conditions of use (also known as "Terms of Service" or "TOS") before using this web site. By continuing to access or use this Website or any service on this Website, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE.

1. User Acceptance and Consent to Terms and Conditions of Service: By using or registering for the services offered on the Independent Discovery Site (the "Independent Discovery Service"), user(s) (the "User(s)") agrees that he/she is at least thirteen (13) years of age and agrees that he/she will be legally bound and abide by the terms, conditions, and notices set forth or referenced. Additionally, User represents and warrants that User has read and has agreed to be bound by the TOS. If User does not agree to the TOS, User should not use the Independent Discovery Service. Independent Discovery.com expressly rejects any terms and conditions proposed by User which are, in addition to, or which conflict with these Terms of Service, and thereby, the additional terms shall have no force or effect. Independent Discovery.com reserves the right to change the TOS from time to time at its sole discretion. Thus, User should review the Terms of Service periodically for changes. User's continued use of the Independent Discovery Service, following the posting of any changes to the TOS, constitutes acceptance of those changes.
2. Registration; Security: In consideration for User's use of Independent Discovery Service, User expressly agrees to: (a) provide true, accurate, current and complete personal information as prompted by the Independent Discovery Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If User provides any information that is untrue, inaccurate, not current or incomplete or Independent Discovery.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Independent Discovery.com has the right to suspend or terminate User's registration and refuse any and all current or future use of the Independent Discovery Service. As part of the registration creation process necessary to obtain access to portions of the Independent Discovery Service, User shall be asked to select a subscriber identification ID and a password. User shall not: (a) select a subscriber ID already used by another person; (b) use a subscriber ID in which another person has rights without such person's authorization; and/or (c) use a subscriber ID or password that Independent Discovery, in its sole discretion, deems offensive or inappropriate. User shall be solely responsible for maintaining the confidentiality of the password and account, and agrees to immediately notify Independent Discovery of any known or suspected unauthorized use(s) of User's password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User's use of the Website, in Independent Discovery's sole discretion, and Independent Discovery may refer User to appropriate law enforcement agencies if necessary
3. Licenses; Permitted Use: User expressly agrees and warrants that User is the only person authorized, in accordance with, and pursuant to, the TOS, to visit, view, and utilize the Website and that User shall not sell, duplicate, download, publish, modify, display, publicly perform, distribute or otherwise use the Independent Discovery Service for any purpose other than to submit personal information to register on the Website unless any additional action is specifically authorized by Independent Discovery. User also agrees not to link or deep-link to the Independent Discovery Website for any purpose, unless specifically authorized by Independent Discovery to do so. By accessing the Website, User acquires absolutely no rights or licenses in or to the Independent Discovery Service and materials contained therein other than the limited right to utilize the Independent Discovery Service in accordance with the TOS. If User violates any part of the TOS, the permission to use the Independent Discovery Service automatically terminates.
4. Rules of User Conduct: User expressly agrees that User shall not upload, or otherwise distribute or facilitate any content that includes text, communications, software, images, sounds, data or other information that: is patently offensive, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise violates Independent Discovery's TOS; victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party; constitutes unauthorized or unsolicited advertising; contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; impersonates any person or entity, including any employee, agent, or a representative of Independent Discovery or any person or entity or falsely states or otherwise misrepresents User's affiliation with a person or entity; harms minors in any way; and intentionally or unintentionally violates any applicable local, state, federal or international law. User further agrees that User shall not use any robot, spider, other automatic device or manual process to monitor or copy the web pages of the Website or the content contained thereon or for any other unauthorized purpose without Independent Discovery's prior expressed written permission. User agrees that User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Independent Discovery Site. Additionally, User agrees that User will not take any action that imposes an unreasonable or disproportionately large load on the Independent Discovery infrastructure. User understands that the technical processing and transmission of the Independent Discovery Service may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices
5. Representations and Warranties: User represents warrants and covenants that: (a) User is thirteen (13) years old or older; (b) User has the power and authority to enter into this agreement; (c) User shall not use any rights granted hereunder for any unlawful purpose; (d) User shall not upload any content that infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party; and (e) User shall utilize the Independent Discovery Service only as set forth in the TOS.
6. Disclaimer Of Warranties; Limitation of Liability: USER AGREES THAT HIS/HER USE OF THE STAFF VIRTUAL SERVICE IS AT USER’S SOLE RISK AND ACKNOWLEDGES THAT THE STAFF VIRTUAL SERVICE AND ANYTHING CONTAINED THEREIN OR AVAILABLE THROUGH, INCLUDING BUT NOT LIMITED TO, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR USER'S USE, AND THAT STAFF VIRTUAL MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THESE ITEMS, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. STAFF VIRTUAL, ITS HOLDING COMPANY VIRTOREN, INC., ITS AFFILIATES, SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT THE STAFF VIRTUAL SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE STAFF VIRTUAL SERVICE IS FREE OF VIRUSES, WORMS OR "TROJAN HORSES" OR OTHER HARMFUL COMPONENTS, AND THEY ARE NOT LIABLE, JOINTLY OR SEVERALLY, FOR ANY DAMAGE A USER MAY SUFFER AS A RESULT OF ANY SUCH DESTRUCTIVE FEATURE. IF SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO USER.
   
   Moreover, User agrees that Independent Discovery, its suppliers and its third-party agents shall specifically have no responsibility or liability for: (a) any injury or damages, whether caused by the negligence of Independent Discovery, its holding company Virtoren, Inc., its employees, subcontractors, agents, suppliers or otherwise arising in connection with the Independent Discovery Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Independent Discovery by any other party; or (b) any fault, inaccuracy, omission, delay or any other failure in the Independent Discovery Service caused by User's computer equipment or arising from User's use of the Website or the Independent Discovery Service on such equipment.
7. Privacy Policy: By using or registering for the services offered on the Independent Discovery Site, User agrees to be legally bound and abide by the terms, conditions, and notices of the privacy statement (the "Privacy Statement"). Questions regarding this statement should be directed to Independent Discovery through one of the feedback forms the User may find on the Website, or by sending a notice by email to info@independentdiscovery.com; Attention: Director of Online Privacy Policy. The information gathered by Independent Discovery falls only into two categories: (1) information voluntarily supplied by its Users to the Website and (2) tracking information gathered as the Users navigate through the site. Independent Discovery’s web servers automatically collect limited information about the connection of the User's computer to the Internet, including its IP address (a number that informs the computers that are attached to the Internet know where to send the User data, but it does not identify the User personally) and the dates and times that the User visits the Web site. All information gathered on the Website is stored within a Independent Discovery-controlled database accessible only to Independent Discovery, its holding company Virtoren, Inc., and its agents. However, Independent Discovery cannot guarantee absolutely the security of its database and cannot guarantee that information the User supplies will not be intercepted while being transmitted to Independent Discovery over the Internet.
8. Indemnification: User agrees to defend, indemnify and hold harmless Independent Discovery, its holding company Virtoren, Inc., and its subsidiaries, affiliates, officers, directors, contractors, agents, suppliers, co-branders or other partners, and employees, from any and all liabilities, claims, expenses or demands, including reasonable attorneys' fees, made by any third party due to or arising from User's use or misuse of or his or her connection to the Independent Discovery Service; or from User's violation of the TOS; and User agrees to pay any and all costs, damages and expenses, including but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
9. International Use: Independent Discovery makes no representation that materials on the Independent Discovery Service are appropriate, legal or available for use in locations outside the United States or that it is authorized for export from the United States or import into any other country. The Independent Discovery Site is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use is contrary to local law or regulation. Those individuals who choose to access this Website from other locations access on their own initiative and should observe any such laws or regulations and consult a professional if in doubt as to the meaning of any part of the content and services of this Website and the Independent Discovery Services. User is solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States from which User may access the Website.
10. General Information: The TOS and the relationship between User and Independent Discovery shall be governed by the laws of the State of California without regard to its conflict of law provisions. User and Independent Discovery agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Los Angeles County, California.
    
    EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY COURT ACTION ARISING BETWEEN THE PARTIES, WHETHER UNDER THIS AGREEMENT OR OTHERWISE RELATED TO THIS AGREEMENT, AND WHETHER MADE BY CLAIM, COUNTERCLAIM, THIRD PARTY CLAIM OR OTHERWISE. THE AGREEMENT OF EACH PARTY TO WAIVE ITS RIGHT TO A JURY TRIAL WILL BE BINDING ON ITS SUCCESSORS AND ASSIGNS.
    
    The failure of Independent Discovery to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agrees that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect or significance. User accepts that Independent Discovery has the right to change the content, service or technical specification of any aspect of the Independent Discovery Service at any time in Independent Discovery's sole discretion. User further accepts that such changes may result in User's being unable to access the Independent Discovery Service.
11. Termination: In accordance herewith, Independent Discovery may terminate the TOS by discontinuing use of the Independent Discovery Service and destroying all materials obtained therefrom. User's use of the Independent Discovery Service shall terminate immediately without notice from Independent Discovery if User, in Independent Discovery’s sole discretion, fails to comply with any provision of the TOS. Upon notice of termination by Independent Discovery, User must immediately cease all use of the Independent Discovery Service. User agrees and acknowledges that Independent Discovery will have no obligation to retain any content that User has uploaded to the Independent Discovery Site.
12. Entire Agreement: This TOS and any and all other terms and conditions of service on Independent Discovery.com represents and constitutes the entire agreement between User and Independent Discovery regarding User's relationship with Independent Discovery; supersedes any prior statements or representations; and governs User's use of the Independent Discovery Service.

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Copyright And Trademark Notice

Welcome to Independent Discovery.com (also referred to herein as the "Independent Discovery Site"). Please read these terms and conditions of use before using this website. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THIS COPYRIGHT AND TRADEMARK NOTICE.

1. Proprietary Rights; Restrictions on Use: By using or registering for the services offered on the Independent Discovery Site (collectively, the "Independent Discovery Service"), users and the entities or persons they represents (the "User(s)") agree to be legally bound and abide by the terms, conditions, and notices set forth or referenced herein.
   
   User acknowledges and agrees that the Independent Discovery Site is the copyrighted property of Virtoren, Inc. ("Virtoren"), and User further acknowledges that the Independent Discovery Site and the Independent Discovery Service contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, some of which is owned by Virtoren and some of which is owned by third parties (collectively, the "Protected Content") that are protected by copyrights, trademarks, service marks, patents, trade secrets, international treaties and/or other proprietary rights and laws of the United States and other countries, and that these rights are valid and protected in all forms, media, modes of distribution, and technologies existing now or hereinafter developed.
   
   All Protected Content is copyrighted individually or as a collective work under applicable copyright laws and treaties, and Virtoren owns all copyrights in the selection, coordination, arrangement, and enhancement of such Protected Content and in databases pursuant to applicable laws and treaties. Except as expressly authorized by Independent Discovery.com, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content, in whole or in part.
   
   User also acknowledges that User does not acquire any ownership rights by downloading copyrighted material. Systematic retrieval of data or other content from the Independent Discovery Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Virtoren is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Copyright and Trademark Notice is prohibited. User agrees to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Independent Discovery Site and the Independent Discovery Service or this Copyright and Trademark Notice. This Independent Discovery Site or any portion of this Independent Discovery Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Virtoren (and the copyright owner if other than Virtoren). User may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Virtoren and its affiliates without express written consent. User may not use any meta tags or any other "hidden text" utilizing Virtoren's name or trademarks without the express written consent of Virtoren. Any unauthorized use terminates the permission or license granted by Virtoren.
   
   User additionally agrees not to use, transfer, distribute or dispose of any information contained in the Independent Discovery Site and the Independent Discovery Service in any manner that could compete with the business of Independent Discovery.com. User expressly agrees to protect the proprietary rights of Virtoren and all others having rights in the Independent Discovery Site and the Independent Discovery Service during and after the term of this agreement and to comply with all reasonable written requests made by Virtoren or its suppliers of content, equipment or otherwise to protect their and others contractual, statutory and common law rights in the Independent Discovery Site and the Independent Discovery Service. User agrees to notify Virtoren in writing promptly upon becoming aware of any unauthorized access or use of the Independent Discovery Site or the Independent Discovery Service by any party or of any claim that the Independent Discovery Site or the Independent Discovery Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.  Illegal and/or unauthorized uses of the Independent Discovery Site, including but not limited to, unauthorized ticket sales, unauthorized framing of or linking to the Independent Discovery Site or unauthorized use of any robot, spider or other automated devise on the site, shall be investigated and appropriate legal action shall be taken, including without limitation civil, criminal and injunctive redress.
   
   As noted above, except as provided in the preceding paragraphs, or as permitted by the fair use privilege under applicable copyright laws or treaties, if any, User may not upload, post, reproduce or distribute for commercial purposes any materials or design elements on this Independent Discovery Site protected by copyright, or other proprietary right without the express written permission of Virtoren. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please email Independent Discovery at info@independentdiscovery.com
   
   IN FURTHERANCE OF THE ABOVE-NOTED, USER HEREBY AGREES AS FOLLOWS: USER MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE STAFF VIRTUAL SITE OR THE STAFF VIRTUAL SERVICE.
   
   MODIFICATION OF THE STAFF VIRTUAL SITE'S OR THE STAFF VIRTUAL SERVICE'S CONTENT WOULD BE A VIOLATION OF VIRTOREN'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, USER MAY NOT OFFER ANY PART OF THE STAFF VIRTUAL SITE OR THE STAFF VIRTUAL SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM, INCLUDING BUT NOT LIMITED TO, OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF VIRTOREN.
   
   FURTHERMORE, USER MAY NOT USE ANY OF VIRTOREN'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH USER OR ARE USED WITH VIRTOREN'S CONSENT, AND USER ACKNOWLEDGES THAT USER HAS NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. USER SHALL NOT USE THE STAFF VIRTUAL SITE OR THE STAFF VIRTUAL SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. USER WILL NOT USE ANY OF VIRTOREN'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL, AND USER SHALL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE.
   
   
2. Rights Reserved: All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Independent Discovery Site and/or the Independent Discovery Service (collectively, the "Intellectual Property Rights") shall, as between User and Virtoren, at all times be and remain the sole and exclusive property of Virtoren. All present and future rights in and title to the Independent Discovery Site and/or the Independent Discovery Service (including the right to exploit the Independent Discovery Site and/or the Independent Discovery Service and any portions of the Independent Discovery Site and/or the Independent Discovery Service over any present or future technology) are reserved to Virtoren for its exclusive use.
3. Copyrights And Copyright Agents: Virtoren respects the intellectual property of others, and it asks its Users to do the same. If a User believes that his or her work has been copied in a way that constitutes copyright infringement, the User should provide the Virtoren Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that User claim has been infringed; (c) a description of where the material that User claims is infringing is located on the Independent Discovery Site; (d) User's address, telephone number, and email address; (e) a statement by User that User has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by User, made under penalty of perjury, that the above information in User's Notice is accurate and that User is the copyright owner or authorized to act on the copyright owner's behalf. Virtoren's Copyright Agent for Notice of claims of copyright infringement on its Independent Discovery Site is Copyright Agent who can be reached as follows: by mail: Copyright Agent, Legal Dept, Virtoren, Inc., by email: info@independentdiscovery.com.

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