Please read carefully the following provisions of these Terms of Use (the "Agreement" or "Terms of Use"). This is a legal agreement between you and Intellect Motion [Corporate Form]. ("IM", "we", or "us) regarding the use of our online and/or mobile services and website (collectively the "IM Service"). By accessing or using the IM Service, you agree that you have read, understood, and agree to be bound by these Terms of Use, whether or not you are a registered user of the IM Service.
We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required or given for non-substantive changes to the Agreement. If we substantively amend This Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the IM Service after any such change takes effect constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, your only remedy shall be to not use or access (or continue to access) the IM Service. This Agreement applies to all visitors, users, and others who access the IM Service ("Users").
You may use the IM Service only if you can form a binding contract with IM, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the IM Service. Any use or access to the IM Service by anyone under 13 is prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the IM Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. IM reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
You may be required to create an account at IM in order to gain access to some of the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify IM immediately of any breach of security or unauthorized use of your account. IM will not be liable for any losses caused by any unauthorized use of your account.
By providing IM your email address, you consent to our using that email address to send you IM Service-related notices, including any notices required by law, in lieu of communication by snail mail. We may also use your email address to send you other messages, such as changes to features of the IM Service and special offers. If you do not want to receive such email messages, you may opt out by sending us a request at . Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Please note that if you do not want to receive legal notices from us, including without limitation a notice that this Agreement has changed, those legal notices will still govern your use of the IM Service. We will post legal notices to the IM Service, and you are responsible for reviewing such legal notices for changes. Please see our Privacy Policy for more details.
You agree not to engage in any of the following prohibited activities in connection with the IM Service: (i) copying, distributing, or disclosing any part of the IM Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the IM Service in a manner that sends more request messages to the IM servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the IM Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the IM Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the IM Service; (viii) using the IM Service for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the IM Service; (xi) accessing any content on the IM Service through any technology or means other than those provided or authorized by the IM Service; (xii) bypassing the measures we may use to prevent or restrict access to the IM Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the IM Service or the content therein, or (xiii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the IM Service.
You may not access or use the IM Service if you work with or for a competitor, except with IM's prior written consent. In addition, you may not use or access the IM Service for purposes of monitoring the performance or functionality for a competitor or for any third party, or for any other benchmarking or competitive purposes and you may not share any benchmarking data regarding the IM Service usage with any third party without IM's prior written consent.
We may, without prior notice, change the IM Service, stop providing the IM Service or features of the IM Service (to you or generally), or create usage limits for the IM Service. We may permanently or temporarily terminate or suspend your access to the IM Service without notice or liability to IM, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the IM Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You are solely responsible for your interactions with other IM Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. IM shall have no liability for your interactions with other Users, or for any User's action or inaction.
IM Service may allow Users to post content such as photo, comments, and other materials (any such materials a User submits, posts, displays, or otherwise makes available on the IM Service are referred to as "User Content").
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. IM reserves the right, but is not obligated, to reject and/or remove any User Content that IM believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
IM takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the IM Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that IM shall not be liable for any damages you incur or allege to incur as a result of User Content.
By posting any User Content on the IM Service, you hereby expressly grant, and you represent and warrant that you have a right to grant, to IM and its User a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content for use in connection with the IM Service and IM's (and its successors' and affiliates') business.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the IM Service for your personal, non-commercial use, as permitted by the features of the IM Service. IM reserves all rights not expressly granted herein in the IM Service and the IM Content (as defined below). IM may terminate this license at any time for any reason or no reason.
We may make available software to access the IM Service via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile IM Service. IM does not warrant that the Mobile Software will be compatible with your mobile device. IM hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one IM account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that IM may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and IM or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).
This paragraph is intended to apply to you if you have downloaded the Mobile Software from the Apple App Store. IM and you acknowledge that this Agreement is concluded between IM and you only, and not with Apple Inc. ("Apple"), and as between IM and Apple, IM, not Apple, is solely responsible for the Software and IM Services and the content thereof. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Software. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at ). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government "watch list" of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
This Agreement incorporates by reference the Licensed Application End User License Agreement (the "LAEULA") published by Apple, Inc. (located online at ). For purposes of this Agreement, the "Mobile Software" is considered the "Licensed Application" as defined in the LAEULA and "IM" is considered the "Application Provider" as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control.
This paragraph is intended to apply to you if you have downloaded the Mobile Software on a device powered by the Android operating system. IM and you, the end-Âuser of the Mobile Software and IM Services, acknowledge that the Agreement is entered into by and between IM and you. IM is solely responsible for the Software and IM Services. Should you have downloaded the Software from the Google Android Market located online at http://www.android.com/market/
Except for your User Content, the IM Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "IM Content"), and all Intellectual Property Rights related thereto, are the exclusive property of IM and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the IM Service. Use of the IM Content or materials on the IM Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
These Terms, together with our Sales Terms and Conditions, shall govern any order or pre-order you make through the Site for IM products ("Products" and such order or pre-order, an "Order"). Your placement of an Order through our Site is an offer to purchase the Product(s) ordered and we may accept your Order by processing your payment and shipping the Product(s).
By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience but within thirty (30) days of payment authorization. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so.
No Order will be considered accepted by IM until the Product(s) has been shipped. If we decline to accept your Order, we will attempt to notify you at the email address you provided. Any estimated shipping date provided by IM is based on Product availability and payment processing time, and does not include transit time. All Products shall be deemed accepted by you upon shipment, and title to and risk of loss of the Product passes to you when IM provides the Product(s) to a common carrier.
For information about how IM protects your privacy, please read IM Privacy Policy, which you can find at www.intellectmotion.com/
IM cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
The IM Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by IM. IM does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the IM Service, you do so at your own risk, and you understand that this Agreement and IM's Privacy Policy do not apply to your use of such sites. You expressly relieve IM from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the IM Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that IM shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
You agree to defend, indemnify and hold harmless IM and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (collectively, the "IM Parties"), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the IM Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the IM Service with your username, password or other appropriate security code.
THE IM SERVICE AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE IM SERVICE ("PRODUCT") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE IM SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, IM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE IM SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE IM SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE IM SERVICE.
IM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IM SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND IM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IF YOU DOWNLOADED THE MOBILE SOFTWARE FROM THE APPLE APP STORE, YOU FURTHER ACKNOWLEDGE THAT APPLE HAS NO RESPONSIBILITY FOR ADDRESSING ANY CLAIMS RELATING TO THE SOFTWARE OR IM SERVICES OR YOUR POSSESSION AND/OR USE OF THE SOFTWARE OR IM SERVICES, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE SOFTWARE OR IM SERVICES FAIL TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
IN NO EVENT SHALL THE IM PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE AND/OR ANY OF THE IM SERVICES, THESE TERMS OF USE OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF IM OR ANY OTHER IM PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE IM PARTIES SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM THESE TERMS OF USE OR USE OF THE SOFTWARE OR ANY OF THE IM SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL IM'S (OR APPLE'S IF YOU DOWNLOADED THE SOFTWARE FROM THE APPLE APP STORE) TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU HAD PAID TO IM OVER THE PRECEDING THREE MONTHS PERIOD.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR IM SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN IM AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE IM SERVICES. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF IM ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE IM PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE IM PARTIES.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
IM has adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights. If you believe that infringing materials are accessible on the Site, please provide the following information in the form of a written notification required by 17 U.S.C. 512(c) to our designated Copyright Agent: (a) your physical or electronic signature; (b) a description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works; (c) a description of the allegedly infringing material and information sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and (f) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you have the authority to enforce the copyrights that are claimed to be infringed.
Please note that any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys' fees incurred by use in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for IM is:
Designated Agent: Copyright Agent
Address:
Email:
This Agreement shall be governed by the internal substantive laws of Singapore, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and IM hereby expressly consent to the exclusive personal jurisdiction of the courts of Singapore.
This Agreement, together with any amendments and any additional agreements you may enter into with IM in connection with the IM Service, shall constitute the entire agreement between you and IM concerning the IM Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and IM's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
If you downloaded the Mobile Software from the Apple App Store, you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof. You agree to comply with, and your license to use the Mobile Software and IM Service is conditioned upon your compliance with, all applicable third-party terms of agreement, as may be applicable, when using the Mobile Software and/or IM Service.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IM without restriction or notice.
We may provide notices, whether such notices are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, Apple App Store or Google Android Marketplace, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
Should you wish to contact us with any questions, complaints or claims with respect to the IM Service, you should visit IM website at www.intellectmotion.com or email .
Get iMotion