We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the Infoactive Service. Use of the Infoactive Service constitutes your acceptance of any modified Terms.
The Infoactive Service is a beta version. You understand that (i) Infoactive Service is still in development and contains errors, design flaws or other problems and (ii) the Infoactive Service may not function fully or adequately, and it is expected and anticipated that further testing, modification and development will be necessary. Your use of the Infoactive Service is at your own risk. You should back up any content that you upload to the Infoactive Service (“User Content”).
User Conduct and Responsibilities
Your use of the Infoactive Service is subject to all applicable local, state, national and international laws and regulations. Without limitation, you agree to not use the Infoactive Service to upload any User Content that:
- is illegal under or otherwise violates any local, state, national or international law or would constitute, encourage or provide instructions for a criminal offense ; violates the rights of any party (including without limitation rights of privacy and publicity);
- is obscene, lewd, lascivious, violent, or otherwise objectionable;
- displays material that exploits children under 18 years of age;
- infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any party;
- introduces viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
- in our sole judgment, which may expose Infoactive or its users to any harm or liability of any type.
If you wish to use the Infoactive Service, you must register and create a user account (“User Account”), and you must provide truthful and accurate information. You are solely responsible in all respects for all use of (including any unauthorized use) of your login credentials, and for protecting the confidentiality of your password.
You own and are solely responsible for any User Content that you transmit, upload, publish or display (hereinafter “distribute”) on or through the Infoactive Service. Infoactive may block or remove any such User Content or prohibit any use of the Infoactive Service that it believes may be (or is alleged to be) in violation of these Terms. You grant Infoactive the right to use your User Content solely for the provision of the Infoactive Service.
Infoactive reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Infoactive Service at any time, for any or no reason, with or without prior notice or explanation, and without liability.
Links to Other Websites and Content
The Infoactive Service contains (or you may access through the Infoactive Service) links to other web sites belonging to third parties (“Third Party Services”). Third Party Services and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Infoactive, and Infoactive is not responsible for any Third Party Services accessed through the Infoactive Service or any Third Party Content linked or posted through the Infoactive Service.
Infoactive uses a third party to process payment transactions. Infoactive does not ask for, transmit or collect your personal or payment information. Any issues with payments related to the Infoactive Service should be directed to our third-party payment provider.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Infoactive Service (“Submissions”), provided by you to Infoactive are non-confidential and shall become the sole property of Infoactive. Infoactive shall own all right, title and interest, including all intellectual property rights, in Submissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Infoactive Service Content
The Infoactive Service is the proprietary property of Infoactive, its users or its licensors with all rights reserved. Infoactive grants you a limited, revocable license to use the Infoactive Service and all content contained therein in accordance with these Terms. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Infoactive’s intellectual property rights, whether by estoppel, implication or otherwise.
The Infoactive Service is protected to the maximum extent permitted by copyright laws and international treaties. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Infoactive Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Infoactive Service.
Modifications to Infoactive Service
Infoactive reserves the right to modify or terminate any or all portions of the Infoactive Service with or without cause at any time and effective immediately. Infoactive shall not be liable to you or any third party for termination. Should you object to any modifications to the Infoactive Service or become dissatisfied with the Infoactive Service in any way, your only recourse is to immediately discontinue use of the Infoactive Service.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Infoactive may broadcast notices or messages through the Infoactive Service to inform you of changes to these Terms, the Infoactive Service, or other matters of importance. Such broadcasts shall constitute notice to you.
The Infoactive Service may be temporarily unavailable from time to time for maintenance or other reasons. Infoactive assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications or User Content.
You understand and agree that:
- The Infoactive service is provided “as is,” with no warranties whatsoever. Infoactive disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose.
- Infoactive makes no warranty or representation regarding (i) the Infoactive service or any third party services, (ii) the results that may be obtained from the use of the Infoactive service, or (iii) the deletion, failure to store, mis-delivery, or untimely delivery of any information, products or user content. Infoactive does noe represent or warrant that the site will meet any of your requirements or that it will be uninterrupted, timely, secure, or error free.
- Use of the Infoactive service is at your sole risk. You will be solely responsible for any damage that results from your use of the site or your user content.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL INFOACTIVE BE LIABLE TO YOU ON ACCOUNT OF (i) YOUR USE OR MISUSE OF OR RELIANCE ON THE INFOACTIVE SERVICE, OR (ii) YOUR INABILITY TO USE THE INFOACTIVE SERVICE, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR INFOACTIVE SERVICES, LOST PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Infoactive OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE LIABILITY OF INFOACTIVE OR ITS OFFICERS, DIRECTORS, AND EMPLOYEES EXCEED $100. SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
You agree to indemnify and hold Infoactive, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of your use of the Infoactive Service, the User Content you provide, or any violation of these Terms or of any law or the rights of any third party.
Waiver and Severability of Terms. The failure of Infoactive to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Infoactive. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, excluding its conflict of law provisions. You and Infoactive agree to submit to the exclusive jurisdiction of the state and federal courts of Cook County, Illinois.