idOnDemand Web Site and Service Agreement

Terms of use and legal restrictions

 
YOU MUST READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE ("SITE") OR ACCESSING ITS CONTENT. IF YOU DO NOT UNDERSTAND THESE TERMS OR HAVE QUESTIONS ABOUT THESE TERMS PLEASE DO NOT CONTINUE TO USE THIS WEB SITE AND CONTACT OUR LEGAL DEPARTMENT AT LEGALNOTICES@IDONDEMAND.COM.
 
USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE OR ANY OF ITS CONTENT (SUCH AS TEXT, DATA, INFORMATION, DOWNLOADS, GRAPHICS, SOFTWARE, IMAGES OR PHOTOGRAPHS) COLLECTIVELY ("MATERIALS").

 

Use of idOnDemand Web Sites

idOnDemand ("Our", "Us", "We") authorizes You to use the idOnDemand Web Sites only for your own personal, non-commercial purposes. Use of Our websites for any public demonstration, competitive, marketing or commercial activities are strictly prohibited.
 

Copying Material

If you make copies of any of the Materials, you must retain on any such copy all copyright and other proprietary notices or trademarks as contained in the original Materials.
You may not modify, publicly display or perform, or distribute the Materials unless you have received written permission by Us.
 

Copyright

idOnDemand Inc. owns this Web Site and it is protected under United States and international copyright laws. Any unauthorized use of this Web Site or its Materials may violate copyright, trademark and other laws.
 

Access to Site and Services

You are responsible for all charges incurred when accessing our web site. When you register a login account or signup for our Services, we may collect and store personal information about you. Our use of such information is governed by the provisions of Our Online Privacy Statement  for the Site. You agree to provide true, accurate, current and complete information while you use our Web Site and Services. You are responsible for maintaining the confidentiality of your Login Credentials to our Site and you are solely responsible for all activities that occur with your Login Credentials. You agree to notify Us immediately if any unauthorized activity has taken place using your Credentials or if you have lost or compromised your credentials. We reserve the right to suspend your Web Site account if we reasonably believe that the credentials have been compromised. We also reserve the right to require you to change your credentials periodically. Access to our Web Sites and Services under other separately executed Agreements between You and Us shall supersede the terms of this Section.
 

Prohibited uses

You Agree not to use our Web Site, Material or Services:
 
1) in a manner that violates any local, state, national, international, regulation, corporate policy, rule, order, treaty or other law ("Law").
2) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
3) to interfere or disrupt our Web Site, Services, servers, networks, routers, firewalls or other equipment attached to our Web Site or Service.
4) to not use any data mining, robots or similar data gathering or extraction methods to gather Materials or to automate registration to our Services.
5) to gain or attempt to gain unauthorized access to our Services or restricted portions of our web Site whether by pretexting, hacking, data mining or any other means.
6) No direct competitor is permitted to use our Web Site, Materials or Services.
7) to not use our Web Site, Material or Services in the research or development of competitive products or services.
 

Termination

We may terminate, suspend or modify your access to our Web Site or Services without notice, at any time and for any reason. You may also terminate your access to our Web Site at any time. If you breach any Term of this Agreement, you authorize Us to automatically terminate your Access to this Site, Material and Services. You further agree to destroy any download or Material and all copies. All provisions of our copyright and Prohibited Uses remain in full force beyond the Termination of this Agreement.
 

Disclaimers

Our Web Site and Services are provided "AS IS" and "WITH ALL FAULTS". You assume the entire risk as to the quality and performance of this Web Site unless you have a Supplemental contract with Us that supersedes this Agreement. We do not warrant that this site or attached Services are fault-free or fit for any specific purpose. Further, we expressly disclaim all warranties of any kind express or implied with respect to this Web Site and Service including merchantability, title and non-infringement of Intellectual Property.
 
This Web Site and its Material are subject to change without notice. The specification of products and Services is subject to change without notice. We further, reserve the right to modify or discontinue this Web Site, Material or Services without notice.
 
No advice whether oral or written obtained through our Web Site and Service shall create a Warranty, Commitment or Guarantee. We disclaim all equitable indemnities.
 

Limitation of liability

In no event will we be liable for any indirect, special, consequential, punitive or exemplary damages or damages whatsoever that result from the use, reliance or failure of this Web Site or Service. 
 

Other Agreements

We provide products and services under other Agreements. Our obligation in relation to those products and services are governed by those Agreements and this Agreement does not apply to those Products and Services. 
 

Forums and user submissions

Portions of our Web Site and our email system allow people to provide feedback and submissions ("User Submissions"). This includes our support forums, chat rooms, online feedback forms, surveys, product feedback, enhancements, emails and user ratings. By submitting a User Submission, you grant us an irrevocable, perpetual, transferable, non-exclusive, commercial and non-commercial, fully-paid, unrestricted worldwide license to use, distribute, sub-license, reproduce, modify, adapt, publish, translate, incorporate into products, publicly perform and publicly display your User Submissions or any modification thereto. All information submitted will be considered non-confidential.
 
We may prescreen user submissions before they are made visible to other users of our system. You agree to only submit content to which you own or have a valid transferable license.
 
We are not responsible for any loss, theft or damage of any kind to any User Submission for any reason.
 
We do not guarantee that you will have any resource or imply that we will respond to every User Submission unless we are legally contracted to do so as a result of a supplemental Agreement.
 
By submitting any User Submission you represent and warrant that :
·         you are at least 18 years of age.
·         you own all of the rights in your User Submission
·         you have paid and will pay in full all license fees, clearance fees, taxes, duties and other financial obligations or any kind arising from the use of commercial exploitation of your User Submission.
·         your Submission is not offensive, libelous, derogatory, racist, threatening, vulgar, or invasive to any person, company, product or otherwise.
·         your Submission is factual.
·         you voluntarily waive all "moral rights" to your Submission
·         your User Submission does not violate any Law including export control, unfair competition, anti-discrimination.
·         your User Submission is not advertising or constitutes any unsolicited materials.
·         your User Submission does not contain any viruses, worms, spyware, adware or other potentially damaging programs, files or images.
 
We respect the Intellectual Property of others and we have a policy of removing any User Submissions that violate copyright law or the rights of others. Further, we reserve the right to suspend any persons Account on our services if they knowingly or willfully submit content for which they do not have the rights to do so.
 
Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing these claims.
 
If you believe your copyright has been infringed please send a notice of claims to :
 
LEGAL CLAIMS DEPARTMENT
PO BOX 1043
Pleasanton, CA. 94566
United States
 
Your written notice must contain:
  • your physical or electronic signature
  • identify the copyright material or other intellectual property
  • precisely identify the offending material so we can locate the material
  • contain your name, address, telephone number and email address so we may contact you
  • contain your sworn statement that you are the owner or representative of the owner of the copyrighted material

Links to third party web sites

Links on our Web Site to third parties are provided solely as a convenience to you. We are not obligated to review such third party web sites, nor do we have any control of such third party web sites. We do not make any endorsements or representations about such third party web sites or the content which they contain. You use the links we provide to third parties entirely at your own risk.
 

Linking to our Site

You may create links to our Site from other website but only in accordance with the following terms and in compliance with all laws:
 
You may:
  • link to our web site but not replicate any of our Materials
  • use our company logo for purposes of the web site link only
  • shall not create a browser or border environment around our Site or any Materials
  • shall not imply that we endorse your web site, products, services or content
  • shall not misrepresent your relationship with Us
  • shall not present false or misleading information about Us
  • shall not contain content that we construe as distasteful, offensive or controversial
  • are not a direct competitor

Trademarks

Our Web Site and Service contain our trademarks and trademarks that belong to third parties. Ownership of all trademarks and the goodwill of these trademarks remain with the appropriate trademark holders.
 

U.S. government restricted rights

This Site, Material and Services are commercial within the meaning of applicable civilian and/or military Federal acquisition regulations and any supplement thereto. These products and services were developed fully at private expense. In accordance with Federal Acquisition Regulation 12.212 for civilian agencies, and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies, Software and Material delivered pursuant to this Agreement is commercial computer software and the use of that Software is further controlled and restricted in accordance with the terms of this Agreement.
 

International and export

You agree to comply with the export laws and regulations of the United States and other applicable jurisdictions in providing and using this Site and Services. You represent that (i) You are not named on any U.S. government or foreign government list of persons or entities prohibited from receiving exports, and (ii) You shall not permit any Material to be exported in violation of any U.S. export embargo, prohibition or restriction.
 

Indemnification

You agree to indemnify, defend, and hold Us harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that You may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Our defense of such claim.
 

Dispute resolution

Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. Notwithstanding anything herein to the contrary, we shall be entitled to injunctive, declaratory or other equitable relief, wherever We deem appropriate in any jurisdiction, in order to preserve or enforce Our rights for any breach or threatened breach of this Agreement or an infringement or threatened infringement of Our Intellectual Property Rights. 
 

Attorney fees

If you breach the Terms of this Agreement, You shall pay on demand all of Our reasonable attorney fees and other costs incurred by Us to enforce the provisions of this Agreement.
 

Modification of these terms

We may at our discretion change these terms from time to time. If you object to any such change, your sole recourse shall be to cease using our web site, materials and services. Continued use of our web site, materials or services following notice of any such change shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
 
This Agreement supersedes any and all previous "idOnDemand Web Site and Service Agreement".
 
Last Modified: September, 2009