|
Terms of Service
ONLINE TERMS OF USE
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN
YOUR USE OF THIS WEBSITE ON THE WORLD WIDE WEB (THE "SITE") OF
INTERNET INNOVATIONS, INC. (‘INTERNET INNOVATIONS”) AND ARE
LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE
TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY
INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL
BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS
SET FORTH BELOW. YOU AGREE THAT INTERNET INNOVATIONS AND ITS
LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE
PRODUCTS, SERVICES AND PROGRAMS DESCRIBED IN OR OFFERED ON
THIS SITE, IF ANY, AT ANY TIME WITHOUT NOTICE, AND YOU FURTHER
AGREE THAT INTERNET INNOVATIONS CAN REVISE THESE TERMS AT ANY
TIME WITHOUT NOTICE BY UPDATING THIS POSTING. YOU AGREE THAT
YOUR CONTINUED USE OF THE SITE AFTER SUCH MODIFICATIONS HAVE
BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH REVISED TERMS.
GENERAL USE RESTRICTIONS
All documents and other information provided on this Site,
including trademarks, logos, graphics and images (the
"Materials") are provided to you by Internet Innovations.
Internet Innovations grants you the limited right to display
the Materials only on your personal computer, and to copy and
download the Materials on this Site, provided that: (1) both
the Internet Innovations copyright notice (set forth below)
and this permission notice appear in the Materials so
displayed, copied or downloaded; (2) such display, copy or
download is solely for your personal or internal informational
use and is not to be distributed or otherwise transmitted
outside of your home or company, or otherwise broadcast or
reposted in any media. You acknowledge and agree that you have
no right to modify, edit, alter or enhance any of the
Materials in any manner. This limited license terminates
automatically, without notice to you, if you breach any of
these Terms. Upon termination of this limited license, you
agree to immediately destroy any downloaded and/or printed
Materials. You acknowledge that, except as expressly stated
herein, you have no right, title or interest in or to the
Materials.
COMPUTER SOFTWARE
Any computer software which may be downloaded or is
otherwise available from the Site is licensed subject to the
terms of its associated license agreement only, unless
expressly stated otherwise. You will not be able to use,
download or install any software unless you agree to the terms
of such license agreement. Except as expressly permitted in
the applicable license agreement, you may not use, reproduce,
record, publish, publicly exhibit or distribute any software
made available on the Site without Internet Innovation’s
express prior written consent. Internet Innovations and its
licensors retain title to any such software downloaded from
the Site and you are granted only a non-exclusive license to
use such software in accordance with the applicable license
agreement. Such software is warranted, if at all, only
according to the terms of the license agreement. EXCEPT AS
EXPRESSLY WARRANTED IN THE ASSOCIATED LICENSE AGREEMENT,
INTERNET INNOVATIONS DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT. Internet Innovations and its
licensors reserve all other intellectual property rights in
and relating to such software.
THIRD PARTY CONTENT
Certain information and content may be provided by third
parties to Internet Innovations (“Third Party Content”). The
Third Party Content is, in each case, the copyrighted work of
the creator/licensor. You agree to only display the Third
Party Content on your personal computer solely for your
personal or internal business use. You acknowledge and agree
that you have no right to download, cache or display any of
the Third Party Content except as set forth in this paragraph.
You further acknowledge and agree that you have no right to
reproduce, modify, edit, alter or enhance any of the Third
Party Content in any manner.
NO FRAMING
You agree not to “frame” or “mirror” any Materials or Third
Party Content contained on or accessible from this Site on any
other server or Internet-based device without the advance
written authorization of Internet Innovations or its
licensors, respectively.
LINKS TO THIRD PARTY WEBSITES
This Site may be linked to other websites on the World
Wide Web or Internet that are not under the control of or
maintained by Internet Innovations. Such links do not
constitute an endorsement by Internet Innovations of those
websites. You acknowledge that Internet Innovations is
providing these links to you only as a convenience, and
further agree that Internet Innovations is not responsible for
the content of such websites. Your use of other websites is
subject to the terms of use and privacy policies located on
the linked websites.
PASSWORD PROTECTED AREAS OF THE SITE
Certain areas of the Site are password restricted to
registered users (“Password Protected Areas”). If you are a
registered user of the Password Protected Areas, you agree
that you are entirely responsible for maintaining the
confidentiality of your password. You agree that you are
entirely responsible for any and all activities which occur
under your account, including any fees which may be incurred
under your password-protected account, whether or not you are
the individual who undertakes such activities. You agree to
immediately notify Internet Innovations of any unauthorized
use of your account or any other breach of security in
relation to the Site known to you.
PRIVACY POLICY
Your use of the Site is subject to and governed by the
Internet Innovations Privacy Policy that is available at
HERE.
SOFTWARE PURCHASES
Your online purchases of Internet Innovations products may
or may not be hosted and managed by third party providers.
When you make online purchases of Internet Innovations
products our third party fulfillment provider collects all
information necessary to execute your order.
UNAUTHORIZED ACTIVITIES
You acknowledge that any unauthorized use of any Materials
or Third Party Content contained on this Site may violate
copyright laws, trademark laws, the laws of privacy and
publicity, certain communications statutes and regulations and
other applicable laws and regulations, and agree that you are
wholly responsible for your actions or the actions of any
person using your email address or password. As such, you
agree to hold Internet Innovations entirely harmless from and
against any and all costs, damages, liabilities, and expenses
(including attorneys’ fees) incurred by Internet Innovations
in relation to, arising from or for the purpose of avoiding
any claim or demand brought by a third party that your use of
the Site or the use of the Site by any person using your
password or email address violates any applicable law or
regulation, or the rights of any third party.
TRADEMARKS
Internet Innovations is a trademark of Internet Innovations in
the United States, Canada, and other countries. All other
marks, names, and logos mentioned herein are the property of
their respective owners.
COPYRIGHT NOTICE
All information and screens appearing on this Site including
documents, products, software and services, graphics, text
elements, website design, logos, images, and icons, as well as
the selection, assembly, and arrangement thereof, are the sole
property of Internet Innovations, Copyright © Internet
Innovations, unless otherwise specified. All rights not
expressly granted herein are reserved. Except as otherwise
required by applicable law, any reproduction, distribution,
modification, retransmission, or publication of any
copyrighted material is strictly prohibited without the
express written consent of the copyright owner.
COPYRIGHT AGENTS
INTERNET INNOVATIONS RESPECTS THE INTELLECTUAL PROPERTY OF
OTHERS, AND WE ASK OUR USERS TO DO THE SAME. IF YOU BELIEVE
THAT YOUR WORK HAS BEEN COPIED ON THE SITE IN A WAY THAT
CONSTITUTES COPYRIGHT INFRINGEMENT AND APPEARS ON OUR WEBSITE,
PLEASE PROVIDE INTERNET INNOVATION’S COPYRIGHT AGENT 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 you claim has
been infringed;
(c) a description of where the material that you claim is
infringing is located on the Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its
agent, or the law;
(f) a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you
are the copyright owner or authorized to act on the copyright
owner’s behalf.
DISCLAIMER OF WARRANTY
You acknowledge and agree that this Site may include
certain errors, omissions, outdated information which may
affect the quality of the Materials and the Third Party
Content. You acknowledge that neither the Materials nor the
Third Party Content have been independently verified or
authenticated in whole or in part by Internet Innovations, and
agree that Internet Innovations does not warrant the accuracy
or timeliness of the Materials or the Third Party Content, and
further agree that Internet Innovations has no liability for
any errors or omissions in the Materials and the Third Party
Content, whether provided by Internet Innovations or its
licensors.
INTERNET INNOVATIONS, FOR ITSELF AND EACH OF ITS LICENSORS,
MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE
QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY
INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING
WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT.
UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR
MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS
IS" AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY. ALL
CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED
WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY
DISCLAIMED. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, INTERNET INNOVATIONS SHALL NOT BE
LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY
DAMAGES SUFFERED AS A RESULT OF YOUR USING, DISPLAYING,
COPYING, OR DOWNLOADING ANY INFORMATION OR MATERIAL CONTAINED
ON THE SITE. IN NO EVENT SHALL INTERNET INNOVATIONS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY,
EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR
OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH
OR IN TORT, EVEN IF INTERNET INNOVATIONS HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ADDITIONAL RIGHTS
Certain jurisdictions do not allow the exclusion of implied
warranties or limitation of liability for incidental or
consequential damages, so the exclusions set forth above may
not apply to you.
LOCAL LAWS
Internet Innovations controls and operates this Site
from its headquarters in Canada and makes no representation
that the Materials are appropriate or will be available for
use in other locations. If you use this Site from outside
Canada, you are entirely responsible for compliance with
applicable local laws, including but not limited to the export
and import regulations of other countries in relation to the
Materials and the Third Party Content.
GENERAL
Internet Innovations monitors your data and transmissions,
Internet Innovations also actively monitor overall Site usage
for system utilization. You agree that if Internet Innovations
becomes aware of inappropriate use of the Site or any Internet
Innovations service, Internet Innovations may respond. You
acknowledge that Internet Innovations will report to law
enforcement authorities any actions that may be considered
illegal, as well as any reports it receives of such conduct.
When requested, Internet Innovations will cooperate fully with
law enforcement agencies in any investigation of alleged
illegal activity on the Internet.
If you violate these Terms, Internet Innovations reserves the
right to terminate your access to the Site without notice. Any
action related to these Terms will be governed by law, without
regard to the choice or conflicts of law provisions of any
jurisdiction. You agree to submit to the jurisdiction of the
courts, for the resolution of all disputes arising from or
related to these Terms and/or your use of the Site. If any
provision of these Terms is held to be invalid or
unenforceable by a court of competent jurisdiction, then such
provision(s) shall be construed, as nearly as possible, to
reflect the intentions of the parties, and all other
provisions shall remain in full force and effect. The failure
of Internet Innovations to enforce any right or provision in
these Terms shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by Internet
Innovations in writing. The Terms comprise the entire
agreement between you and Internet Innovations and supersede
all prior or contemporaneous negotiations, discussions or
agreements, if any, between the parties regarding the subject
matter contained herein.
|