iOverlander Terms and Conditions of Use
iOVERLANDER.COM TERMS & CONDITIONS OF USE
Last Updated: August 26, 2014
PLEASE READ THESE TERMS & CONDITIONS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY IOVERLANDER. THESE TERMS & CONDITIONS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://IOVERLANDER.COM AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS ASSOCIATED WITH IOVERLANDER.COM (THE “SITE”).
Acceptance of Terms
By registering for and/or using the Site in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein (“Terms & Conditions of Use”) which may be updated from time to time without notice to you in accordance with the terms set out under the “Modification of Terms & Conditions of Use ” section below. These Terms & Conditions of Use apply to all users of the Site, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, venues that access the Site, and users that have a profile page on the Site.
Registration and Eligibility
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Site, you are required to register with iOverlander and represent, warrant and covenant that you provide iOverlander with accurate and complete registration information (including, but not limited to a user name, e-mail address and a password you will use to access the Site) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms & Conditions of Use, which may result in immediate termination of your account.
You shall not create any account for anyone other than yourself without such person’s permission; or use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
iOverlander reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your iOverlander password. You shall never use another user’s account without such other user’s prior express permission.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms & Conditions of Use and register for the Site.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. iOverlander cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Site is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms & Conditions of Use, the term “Content” includes, without limitation, any location information, dates, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Site by users is collectively referred to as, “User Submissions.”
Subject to these Terms & Conditions of Use, iOverlander grants each user of the Site a worldwide, non-exclusive, non-sub licensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from iOverlander. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
We may use your User Submissions in a number of different ways in connection with the Site. iOverlander may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on the Site or otherwise through the Site, you hereby do and shall grant iOverlander a worldwide, non-exclusive, royalty-free, fully paid, sub licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site.
You also hereby do and shall grant each user of the Site, including Third Party Media, a non-exclusive license to access your User Submissions through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Site and Third Party Media. For clarity, the foregoing license grant to iOverlander does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that iOverlander will not be liable for any errors or omissions in any Content.
Rules and Conduct
As a condition of use, you promise not to use the Site for any purpose that is prohibited by these Terms & Conditions of Use. You are responsible for all of your activity in connection with the Site. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory codes applicable to your industry.
By way of example, and not as a limitation, you shall not upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Site that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by iOverlander in its sole discretion;
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of iOverlander or any third party;
You shall not (directly or indirectly):
- take any action that imposes or may impose (as determined by iOverlander in its sole discretion) an unreasonable or disproportionately large load on iOverlander’s infrastructure;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- bypass any measures iOverlander may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site);
- harvest or scrape any Content from the Site;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- otherwise take any action in violation of iOverlander’s guidelines and policies.
iOverlander does not guarantee that any Content or User Submissions (as defined above) will be made available on the Site. iOverlander has no obligation to monitor the Site, Content, or User Submissions. However, iOverlander reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if iOverlander is concerned that you may have violated these Terms & Conditions of Use), or for no reason at all.
Third Party Sites and Services
The Site may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under iOverlander’s control, and you acknowledge that iOverlander is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.
iOverlander may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of these Terms & Conditions of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Save to the extent required by law, iOverlander has no special relationship with or fiduciary duty to you. You acknowledge that iOverlander has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
THE SITE, CONTENT AND ADD-TO LINK ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
IOVERLANDER, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify, and hold harmless iOverlander, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Content or otherwise from your User Submissions, violation of these Terms & Conditions of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of iOverlander). iOverlander reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with iOverlander in asserting any available defenses.
Limitation of Liability
ALL LIABILITY OF IOVERLANDER, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF IOVERLANDER, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).
Integration and Severability
These Terms & Conditions of Use are the entire agreement between you and iOverlander with respect to the Site, Content, User Submissions, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and iOverlander with respect to the Site. If any provision of these Terms & Conditions of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms & Conditions of Use will otherwise remain in full force and effect and enforceable.
Modification of Terms & Conditions of Use
iOverlander reserves the right, at its sole discretion, to modify or replace any of these Terms & Conditions of Use, or change, suspend, or discontinue the Site (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Site or via email. iOverlander may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. It is your responsibility to check these Terms & Conditions of Use periodically for changes. Your continued use of the Site following the posting of any changes to these Terms & Conditions of Use constitutes acceptance of those changes.
You may contact iOverlander at firstname.lastname@example.org