PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU ARE OBTAINING A LICENSE ON BEHALF OF AN ORGANIZATION, YOU CONFIRM THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION AND THAT THE ORGANIZATION WILL BE BOUND BY THESE TERMS, AND THE TERM “YOU” SHALL THEN REFER TO YOU AND YOUR ORGANIZATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR THE SERVICES.
Unless otherwise indicated, IS and all content and other materials on the Site or forwarded by the Company through the Services, including, without limitation, the Company’s logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “IS Materials”) are the property of the Company or its licensors or users and are protected by U.S. and international copyright laws.
IS is designed to allow you to share your location (via your mobile device) on a map. It is also designed to provide you with the ability to know when you are broadcasting your location and with the ability to limit the duration of such broadcast. Nonetheless, use of IS may involve special risks associated with other persons knowing your location. You should only share such information with those that you trust. You should not endanger yourself or others by viewing a portable mobile device while driving, operating dangerous mechanical devices, or in other situations in which you should be observing your surroundings.
By using IS, you consent to receive emails and other communications from the Company, which may include commercial emails (or if you provide your phone number, text messages). We will not use your personal information to send you news and product updates, unless you "opt in" to receiving such communications. In addition, you may “opt out” of receiving marketing or promotional emails from the Company by following unsubscribe instructions or using unsubscribe links within communications we send. Please note, however, that as long as you use IS, you may not “opt out” of receiving service related emails from the Company.
When you register for IS, you will be required to provide the phone number of your mobile device. IS will then send you a verification code that you will be required to input into IS in order to register your mobile device. By providing your phone number and inputting the verification code, you will be authorizing us to periodically access certain information stored in your mobile device, including the name and telephone number of your mobile device contacts. By allowing us to access such information, you expressly acknowledge and agree that we may use such information for the purpose of identifying those of your mobile device contacts who are IS users, connecting you with those users on IS and sending a one-time notification to those users informing them that you have registered for IS and have connected with them. Note that IS does not collect the home addresses, email addresses or profile pictures of your mobile device contacts, only their names and telephone numbers. Also note that if IS accesses the name or telephone number of a mobile device contact that is not associated with a current IS user, such information will be categorized as “out –network” information. When you provide IS with your name and the phone number of your mobile device, you also expressly acknowledge that such information may be used for purposes of connecting you with other IS users who have stored such information on their own mobile device. Please take precautions to protect your password on your mobile device, as well as the verification code that we provide to you when you register for IS, and contact us immediately if you believe your device has been accessed by an unauthorized person. IS will not be liable for any losses caused by unauthorized use of your device.
Upon termination, all licenses granted by the Company will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. The Company shall not be responsible for the loss of such content.
THE SITE, THE IS MATERIALS AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS ON THE SITE OR PROVIDED THOUGH THE SERVICES. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT IS MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You should independently verify the accuracy of any information you obtain on the Site or through the Services before using it. You agree to be solely responsible for your use of the content found on the Site, the IS Materials and the Services. NONE OF THE COMPANY OR ANY OF ITS AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES AND AGENTS (1) ARE RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE OR THROUGH THE SERVICES OR (2) REPRESENT OR WARRANT THAT THE SITE OR THE SERVICES, OR ANY CONTENT OR MATERIALS RELATED TO THE SERVICES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL NOT RESULT IN ANY DAMAGE TO YOUR MOBILE DEVICE; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
Company reserves the right to change any and all content contained in or on the Site and any Services offered through the Site at any time without notice.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM THE COMPANY OR THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS OR SERVICES. TO THE EXTENT A COURT OF COMPETENT JURISDICTION DETERMINES THAT ANY SUCH PERSON HAS INCURRED ANY LIABILITY TO YOU ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE OR SERVICES, SUCH LIABILITY SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE COMPANY FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE); FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY; OR ANY BREACH OF ANY OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982.
In using IS, you must behave in a civil and respectful manner at all times. Further, you agree that you will not:
You are solely responsible for the content that you publish or display (hereinafter, “post”) on IS, or transmit to other IS users, and the Company has no responsibility for such content. You will not post on IS, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other user. If information provided to the Company or another user subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such change. Content that you may not upload, post, or transmit (collectively, “submit”), includes without limitation, content that:
is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
You grant the Company and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty- free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from, any content that is added, created, uploaded, submitted, distributed or otherwise accessed from you in connection with your use of IS (“User Submissions”). In addition, you waive any so-called “moral rights” in your content. You further grant all users of IS a non-exclusive license to copy, transmit, distribute, publicly perform and display such User Submissions for personal, non-commercial purposes in connection with their use of IS.
“IS” (in design), “Moments Await”, the Company logo and any other product or service name or slogan contained on the Site or included in the Services are trademarks or registered trademarks of the Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written consent of the Company or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing “IS” (in design), “Moments Await” or any other name, trademark or registered trademark or product or service name of the Company without our prior written consent. In addition, the look and feel of the Site and graphical user interface of the Services, including, but not limited to, all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/ or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without our prior written consent. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site or through the Services are the property of their respective owners.
The Company respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to IS do not infringe any third party copyright or other intellectual property rights.
The Company will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright or other intellectual property right. In addition, the Company may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
If you believe that any material on the Site or the Services infringes upon any copyright which you own or control, you may file a notification of such infringement, at the contact information set forth below.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
If you believe that your material has been removed by mistake or misidentification, please provide the Company with a written counter-notification containing the following information:
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
The Site or the Services may also contain, provide information regarding or link to certain applications and services provided or offered by third parties (collectively the “Third-Party Services”). The Company is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Therefore, the Company makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results obtained therefrom, and the Company assumes no responsibility or liability for any Third Party Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and the Company is not responsible or liable for any Third-Party Services.
The Company may run advertisements and promotions from third parties on the Site or through the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than the Company, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. The Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Company advertisements on the Site or made available through the Services.
Some of the Services require the use of mobile devices and wireless services. Please be aware that your carrier’s normal rates and fees, including data charges, will still apply. You should check with your carrier to learn about such charges. By using the Services, you agree that IS may communicate with you regarding the Services by SMS, text message, email or other electronic means to your mobile device or email address, including without limitation providing promotional offers and information from third parties.
You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of email or other submissions to the Company, or any User Submissions, are non-confidential and shall become the sole property of the Company.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from the Company electronically. The Company may provide all such communications by email or by posting them on IS. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at email@example.com or the following address:
InSite Applications, LLC
280 Park Avenue, 41st
New York, New York 10017
Nothing herein shall limit the Company’s right to object to subpoenas, claims, or other demands.