Terms of Service
These Terms of Service ("Terms") govern your use of the website at IP.IM and all interactive features and communications provided in connection with the website (the "Site"). These Terms are an agreement between you and IP.IM LLC, which is the provider and operator of the Site. For the purposes of these Terms, "we," "our," "us," and "IP.IM" refer to IP.IM LLC.
Your use of the Site indicates your agreement to these Terms. If you are registering for or using the Site on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will also refer to that organization, wherever possible.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS, INCLUDING AN ARBITRATION AGREEMENT IN THE MISCELLANEOUS SECTION. THE ARBITRATION AGREEMENT REQUIRES MOST DISPUTES BETWEEN US TO BE SUBMITTED TO ARBITRATION, ELIMINATES YOUR ABILITY TO PURSUE DISPUTES AS PART OF A CLASS OR GROUP, AND WAIVES YOUR RIGHT TO A TRIAL IN COURT AND BY A JURY.
IP.IM may change these Terms on a going-forward basis at any time and in our sole discretion. If IP.IM makes changes to these Terms, we will notify you of the changes by sending a message to the email address we have on file for you or by adding a notice on the Site. We will also update the "Last Updated" date at the top of these Terms when we make changes.
IF YOU HAVE A SEPARATE WRITTEN AGREEMENT WITH IP.IM FOR DATA SERVICES, THE TERMS AND CONDITIONS OF THAT SEPARATE AGREEMENT APPLY TO THE PROVISION OF THE DATA SERVICES, NOT THESE TERMS.
CERTAIN FEATURES OF THE SITE MAY BE SUBJECT TO ADDITIONAL GUIDELINES, TERMS, OR RULES, WHICH WILL BE POSTED ON THE SITE IN CONNECTION WITH SUCH FEATURES. TO THE EXTENT SUCH TERMS, GUIDELINES, AND RULES CONFLICT WITH THESE TERMS, SUCH TERMS SHALL GOVERN SOLELY WITH RESPECT TO SUCH FEATURES. IN ALL OTHER SITUATIONS, THESE TERMS SHALL GOVERN.
You may be asked to register when using the Site. If so, you may be required to provide IP.IM with certain information, including your name, contact information, username and password ("Credentials"). You are responsible for maintaining and protecting your Credentials and account. You agree to provide true, current, and complete information about yourself or the entity you represent as prompted by the Site's registration or subscription page. If your contact information or other information relating to your account changes, you must notify IP.IM promptly and keep such information current. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we reasonably suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify IP.IM of any unauthorized use of your Credentials or if your account or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify IP.IM immediately.
A variety of information, messages, comments, posts, text, graphics, software, photographs, videos, data, reviews, recommendations, and other materials may be made available through the Site by IP.IM or its suppliers ("Content"). While IP.IM strives to keep the Content that it provides through the Site accurate, complete, and up-to-date, IP.IM cannot guarantee and is not responsible for the accuracy, completeness, or timeliness of any Content. Under no circumstances will IP.IM be liable in any way for any such Content.
You acknowledge and agree that IP.IM (or IP.IM's licensors) owns all legal right, title and interest in and to the Site and the Content and that the Site and the Content are protected by copyrights, trademarks, patents, or other proprietary rights and laws of IP.IM or its licensors.
License from IP.IM and Restrictions on Use
IP.IM gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the Site as limited by these Terms. You may not (and you may not permit anyone else to): (i) download, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of software used on the Site or any part thereof; (ii) attempt to disable or circumvent any security mechanisms used by the Site or any applications running on the Site; (iii) engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site), (iv) use any robot, spider, site search/retrieval application or other manual or automatic program or device to retrieve, index, "scrape," "data mine" or in any way gather Content from the Site, (v) use the Site to assemble email lists for the purposes of sending out mass emails or "spam." You may not access the Site for the purpose of collecting Content for sale or resale without the express written consent of IP.IM.
You agree that you will not use the Site in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or IP.IM, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising). You must be 18 years of age or older to use the Site. You may not use the Site if you are barred by law from using the Site.
All trademarks, service marks and trade names of IP.IM used on the Site or the Content (including but not limited to: IP.IM name and IP.IM corporate logo) (collectively "Marks") are trademarks or registered trademarks of IP.IM or its affiliates, partners, vendors, or licensors in the United States or other countries. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Marks in any way without our prior written consent.
Upon any termination of the Site or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
DISCLAIMER OF WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE."
IP.IM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IP.IM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) DATA AND INFORMATION PROVIDED THROUGH THE SITE WILL BE ACCURATE.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT IP.IM'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
SUBJECT TO THE DISCLAIMER OF WARRANTY SECTION ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IP.IM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFITS, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS LIMITATION INCLUDES BUT IS NOT LIMITED TO ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE LIMITATIONS ON IP.IM'S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT IP.IM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL IP.IM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID IP.IM IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
You agree to hold harmless and indemnify IP.IM, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "IP.IM and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Site, (c) your violation of applicable laws, rules or regulations in connection with the Site, (d) your violation of any third party right, including without limitation any right of privacy, publicity rights, or intellectual property rights, (e) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature, or (f) any other party's access and use of the Site with your unique username, password, or other appropriate security code.
In the event that you have a dispute with one or more users of the Site, you release IP.IM (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The Site may include references or hyperlinks to other web sites or content or resources or email content. IP.IM has no control over any web sites or resources which are provided by companies or persons other than IP.IM.
You acknowledge and agree that IP.IM is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that IP.IM is not liable for any loss or damage which may be incurred by you or other users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
You may choose to or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site or our products. By submitting any feedback, you give to IP.IM, without charge, royalties, or other obligation to you, the right to make, have made, create derivative works, use, share, and commercialize your feedback in any way and for any purpose. IP.IM will treat any feedback you provide to IP.IM as non-confidential and non-proprietary. You agree that you will not submit to IP.IM any information or ideas that you consider to be confidential or proprietary.
We may send you notices about these Terms, the Site, or your account (if any) using any contact information we have about you, including any contact information you provided to us. Notices are effective when we send them, unless the notice specifically states otherwise.
IP.IM is not responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our or your reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
If you have any questions about these Terms, please contact us at: [email protected].