As
a user of the Services, you agree not
to:
-
Systematically
retrieve data or other content from the
Services to create or compile, directly
or
indirectly, a collection, compilation,
database, or directory without written
permission from us.
-
Trick,
defraud, or mislead us and
other
users, especially in any
attempt
to learn sensitive account
information such as user
passwords.
-
Circumvent,
disable, or otherwise
interfere
with security-related
features
of the Services, including
features that prevent or
restrict the use or copying
of
any Content or enforce
limitations on the use of
the
Services and/or the Content
contained
therein.
-
Disparage,
tarnish, or otherwise harm,
in
our opinion, us and/or the
Services.
-
Use
any information obtained
from
the Services in order to
harass,
abuse, or harm another
person.
-
Make
improper use of our support
services or submit false
reports
of abuse or
misconduct.
-
Use
the Services in a manner
inconsistent with any
applicable
laws or
regulations.
-
Engage
in
unauthorized
framing of or linking
to
the
Services.
-
Upload
or transmit (or attempt to
upload or to transmit)
viruses,
Trojan horses, or other
material, including
excessive
use of capital letters and
spamming (continuous posting
of
repetitive text), that
interferes with any party’s
uninterrupted use and
enjoyment
of the Services or modifies,
impairs, disrupts, alters,
or
interferes with the use,
features, functions,
operation,
or maintenance of the
Services.
-
Engage
in any automated use of the
system, such as using
scripts to
send comments or messages,
or
using any data mining,
robots,
or similar data gathering
and
extraction
tools.
-
Delete
the copyright or other
proprietary rights notice
from
any
Content.
-
Attempt
to impersonate another user
or
person or use the username
of
another
user.
-
Upload
or transmit (or attempt to
upload or to transmit) any
material that acts as a
passive
or active information
collection
or transmission mechanism,
including without
limitation,
clear graphics interchange
formats (
"gifs"
), 1×1 pixels, web
bugs,
cookies, or other similar
devices (sometimes referred
to
as
"spyware" or "passive
collection mechanisms" or
"pcms"
).
-
Interfere
with, disrupt, or create an
undue burden on the Services
or
the networks or services
connected to the
Services.
-
Harass,
annoy, intimidate, or
threaten
any of our employees or
agents
engaged in providing any
portion
of the Services to
you.
-
Attempt
to bypass any measures of
the
Services designed to prevent
or
restrict access to the
Services,
or any portion of the
Services.
-
Copy
or adapt the Services'
software,
including but not limited to
Flash, PHP, HTML,
JavaScript, or
other
code.
-
Except
as permitted by applicable
law,
decipher, decompile,
disassemble, or reverse
engineer
any of the software
comprising
or in any way making up a
part
of the
Services.
-
Except
as may be the result of
standard
search engine or Internet
browser usage, use, launch,
develop, or distribute any
automated system, including
without limitation, any
spider,
robot, cheat utility,
scraper,
or offline reader that
accesses
the Services, or use or
launch
any
unauthorized
script or other
software.
-
Use
a buying agent or purchasing
agent to make purchases on
the
Services.
-
Make
any
unauthorized
use of the Services,
including collecting
usernames
and/or email addresses of
users
by electronic or other means
for
the purpose of sending
unsolicited email, or
creating
user accounts by automated
means
or under false
pretenses
.
-
Use
the Services as part of any
effort to compete with us or
otherwise use the Services
and/or the Content for any
revenue-generating
endeavor
or commercial
enterprise.
5. USER
GENERATED
CONTRIBUTIONS
The
Services does not offer
users to submit or post
content.
We may provide
you
with the opportunity to
create, submit, post,
display, transmit,
perform,
publish, distribute, or
broadcast content and
materials to us or on
the
Services, including but
not
limited to text,
writings,
video, audio,
photographs,
graphics, comments,
suggestions, or personal
information or other
material (collectively,
"Contributions"
). Contributions
may
be viewable by other
users
of the Services and
through
third-party websites.
When you create
or
make available any
Contributions, you
thereby
represent and warrant
that:
You
and Services agree that we may access, store,
process, and use any information and personal
data
that you provide
and your choices (including
settings).
By
submitting suggestions or other feedback regarding
the
Services, you agree that we can use and share such
feedback for any purpose without compensation to
you.
We
do not assert any ownership over your Contributions.
You
retain full ownership of all of your Contributions
and
any intellectual property rights or other
proprietary
rights associated with your Contributions. We are
not
liable for any statements or representations in your
Contributions provided by you in any area on the
Services. You are solely responsible for your
Contributions to the Services and you expressly
agree to
exonerate us from any and all responsibility and to
refrain from any legal action against us regarding
your
Contributions.
7. SERVICES
MANAGEMENT
We reserve the right, but not the
obligation, to: (1) monitor the Services for violations of
these
Legal Terms; (2) take appropriate legal action against
anyone
who, in our sole discretion, violates the law or these Legal
Terms, including without limitation, reporting such user to
law
enforcement authorities; (3) in our sole discretion and
without
limitation, refuse, restrict access to, limit the
availability
of, or disable (to the extent technologically feasible) any
of
your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to
remove from the Services or otherwise disable all files and
content that are excessive in size or are in any way
burdensome
to our systems; and (5) otherwise manage the Services in a
manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
8. TERM
AND TERMINATION
These
Legal Terms shall remain in full force and effect while
you
use the Services. WITHOUT LIMITING ANY OTHER PROVISION
OF
THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS
TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE
MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT
ANY
TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you
are
prohibited from registering and creating a new account
under
your name, a fake or borrowed name, or the name of any
third
party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil,
criminal, and injunctive redress.
9. MODIFICATIONS
AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the
contents
of the Services at any time or for any reason at our
sole
discretion without notice. However, we have no
obligation to
update any information on our Services. We will not be liable
to
you or any third party for any modification, price
change,
suspension, or discontinuance of the Services.
We
cannot guarantee the Services will be available at all
times. We may experience hardware, software, or other
problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors.
We
reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any
time or
for any reason without notice to you. You agree that we
have
no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use
the
Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed
to
obligate us to maintain and support the Services or to
supply any corrections, updates, or releases in
connection
therewith.
10. GOVERNING
LAW
These
Legal Terms shall be governed
shall have exclusive jurisdiction to resolve any
dispute which may arise in connection with these Legal
Terms.
11. DISPUTE
RESOLUTION
Informal
Negotiations
To expedite resolution and
control
the cost of any dispute, controversy, or claim related
to
these Legal Terms (each a
"Dispute" and collectively, the "Disputes") brought
by
either you or us (individually, a "Party" and
collectively,
the "Parties"
), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below)
informally for at least days before initiating
arbitration. Such informal
negotiations commence upon written notice from one Party
to
the other Party.
Restrictions
The Parties
agree
that any arbitration shall be limited to the Dispute between
the
Parties individually. To the full extent permitted by law,
(a)
no arbitration shall be joined with any other proceeding;
(b)
there is no right or authority for any Dispute to be
arbitrated
on a class-action basis or to
utilize
class action procedures; and (c) there is no right or
authority
for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other
persons.
Exceptions to
Informal Negotiations and Arbitration
The Parties agree that
the
following Disputes are not subject to the above provisions
concerning informal negotiations binding arbitration: (a)
any
Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a
Party;
(b) any Dispute related to, or arising from, allegations of
theft, piracy, invasion of privacy, or unauthorized use; and (c)
any
claim for injunctive relief. If this provision is found to
be
illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such
Dispute
shall be decided by a court of competent jurisdiction within
the
courts listed for jurisdiction above, and the Parties agree
to
submit to the personal jurisdiction of that court.
12. CORRECTIONS
There may be
information on the Services that contains typographical
errors,
inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the
right to correct any errors, inaccuracies, or omissions and
to
change or update the information on the Services at any
time,
without prior notice.
13.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE
AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,
WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF
ANY
WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES
AND
WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY
UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION
TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH
THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS
OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS
OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA
THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL
NOT
BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING
ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT
OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD
USE YOUR BEST
JUDGMENT
AND
EXERCISE
CAUTION WHERE APPROPRIATE.
14. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU
OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE
OF
THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING
ANYTHING
TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER
AND REGARDLESS OF THE FORM OF THE
ACTION,
WILL AT ALL TIMES BE LIMITED TO
THE LESSER
OF
THE AMOUNT PAID, IF ANY, BY
YOU
TO US
OR
.
CERTAIN
US STATE LAWS AND INTERNATIONAL
LAWS
DO NOT ALLOW LIMITATIONS ON
IMPLIED
WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES.
IF
THESE LAWS APPLY TO YOU, SOME OR
ALL
OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO
YOU,
AND YOU MAY HAVE ADDITIONAL
RIGHTS.
15. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our
subsidiaries,
affiliates, and all of our respective officers, agents,
partners, and
employees, from and against any loss, damage, liability,
claim, or demand, including
reasonable attorneys’ fees and expenses, made by any
third
party due to or
arising out of:
(1)
use
of the Services; (2) breach
of
these Legal Terms; (3) any
breach
of your representations and warranties set forth in
these Legal Terms; (4) your
violation of the rights of a third party, including
but
not limited to intellectual property rights; or
(5) any
overt
harmful act toward any other user of the Services
with
whom you connected via the Services. Notwithstanding
the
foregoing, we reserve the right, at your expense, to
assume the exclusive
defense
and control of any matter for which you are required
to
indemnify us, and you agree to cooperate, at your
expense, with our
defense
of
such claims. We will use reasonable efforts to
notify
you of any such claim, action, or proceeding which
is
subject to this indemnification upon becoming aware
of
it.
16. USER
DATA
We will maintain
certain data that you transmit to the Services for the
purpose of managing the
performance of the Services, as well as data relating to
your use of the Services. Although we perform regular
routine backups
of data, you are solely responsible for all data that
you
transmit or that
relates to any activity you have undertaken using the
Services. You agree
that we shall have no liability to you for any loss or
corruption of any such
data, and you hereby waive any right of action against
us
arising from any such
loss or corruption of such data.
17. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You
consent to receive electronic communications, and you
agree
that all agreements, notices, disclosures, and other
communications we provide to you electronically, via
email
and on the Services, satisfy any legal requirement that
such
communication be in writing. YOU HEREBY AGREE TO THE USE
OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS,
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements
under
any statutes, regulations, rules, ordinances, or other
laws
in any jurisdiction which require an original signature
or
delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other
than
electronic means.
18. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the
Services
constitute the entire agreement and understanding
between
you and us. Our failure to exercise or enforce any right
or
provision of these Legal Terms shall not operate as a
waiver
of such right or provision. These Legal Terms operate to
the
fullest extent permissible by law. We may assign any or
all
of our rights and obligations to others at any time. We
shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a
provision
of these Legal Terms is determined to be unlawful, void,
or
unenforceable, that provision or part of the provision
is
deemed severable from these Legal Terms and does not
affect
the validity and enforceability of any remaining
provisions.
There is no joint venture, partnership, employment or
agency
relationship created between you and us as a result of
these
Legal Terms or use of the Services. You agree that these
Legal Terms will not be construed against us by virtue
of
having drafted them. You hereby waive any and all defenses you may
have
based on the electronic form of these Legal Terms and
the
lack of signing by the parties hereto to execute these
Legal
Terms.
19. CONTACT
US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the
Services, please contact us at:
inyt.app@gmail.com
