Terms & Conditions
B. End Users also agree to comply with any additional terms which apply to third-party content, material, information, software or other services.
3. Intellectual Property
4. System Requirements
A. Use of the Site may require additional computer hardware, Internet access and certain software any or all of which may require the End User to make additional expenditures or pay fees. The use of the Site may require obtaining updates or upgrades from time to time of InSpiral software and third party proprietary software. As use of the Site involves hardware, software, and Internet access, End Users ability to use the Service may be affected by the performance of these factors. End User acknowledges and agrees that system requirements may be changed from time to time and it is the responsibility of the End User to ensure that any changes necessary to enable the Site to operate effectively and efficiently are made.
5. Technological And Use Limitations
A. InSpiral will take what it believes to be reasonably commercial efforts to keep the Site operational. However, certain technical difficulties, routine site maintenance/upgrades and other events outside the control of InSpiral may, from time to time, result in temporary service interruptions. InSpiral also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Site with or without notice. You agree that InSpiral shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
B. As the Service is designed for personal sampling and use, you are not allowed to use any automated system for the selection or downloading of Content. InSpiral reserves the right to immediately and permanently terminate your access to the Service if InSpiral believes, correctly or incorrectly, that you are violating such limitation. In the event that End User is using an automated system to download Content, the End User shall be responsible to InSpiral for any losses suffered by InSpiral resulting either directly or indirectly from the breach of this Agreement.
C. End User will not directly or indirectly (by allowing others to use the End Users access to the Site), upload, distribute, transmit, communicate, link to, publish or access any data, information or material that: (a) is libellous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Site; and/or (d) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behaviour, use and conduct.
D. End User will not directly or indirectly (by allowing others to use the End Users access to the Site); (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Site or any information, data or materials posted and/or displayed by InSpiral or anyone else; (b) act in a way that affects or reflects negatively on InSpiral, the Site or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party’s prior consent.
E. End User is prohibited from violating or attempting to violate the security of the Site. Violations of system or network security or this Agreement may result in civil or criminal liability. InSpiral has the right to investigate occurrences, which may involve such violations and may involve, provide information to and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
6. Disclaimer of Warranties and Limitation of Liability
A. End User agrees that InSpiral will not be liable to End User or to any third party for termination of access to the Site.
B. END USER UNDERSTANDS THAT BY USING THE SITE, END USER MAY ENCOUNTER CONTENT THAT MAY BE DEEMED OFFENSIVE, INDECENT, OR OBJECTIONABLE, WHICH CONTENT MAY OR MAY NOT BE IDENTIFIED AS HAVING EXPLICIT LANGUAGE. END USER AGREES TO USE THE SITE AT ITS SOLE RISK AND THAT INSPIRAL SHALL HAVE NO LIABILITY TO END USER FOR CONTENT THAT MAY BE FOUND TO BE OFFENSIVE, INDECENT, OR OBJECTIONABLE.
C. INSPIRAL DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SITE, THE FEATURES, THE CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.
D. INSPIRAL MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, FEATURES, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SITE CORRESPOND TO DESCRIPTION , ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY.
E. INSPIRAL RESERVES THE RIGHT NOT TO POST OR PUBLISH ANY MATERIALS, AND TO DELETE, REMOVE OR EDIT ANY MATERIAL, AT ANY TIME IN ITS SOLE DISCRETION WITHOUT NOTICE OR LIABILITY. INSPIRAL HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR ANY INFORMATION AND MATERIALS SUBMITTED OR POSTED BY END USER OR ANY OTHER PARTY OR OTHERWISE AVAILABLE ON THE SITE.
F. INSPIRAL MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET END USERS REQUIREMENTS AND/OR ACCESS TO AND USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS OR OTHERWISE SECURE.
G. INSPIRAL SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED TO THE END USER IN CONNECTION WITH THE SITE, BUT END USER ACKNOWLEDGES AND AGREES THAT THE SUBMISSION OF SUCH INFORMATION IS AT ITS SOLE RISK, AND INSPIRAL HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
H. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER INSPIRAL, ITS OFFICERS, ITS DIRECTORS, ITS EMPLOYEES, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT INSPIRAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
I. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
J. IN THE EVENT THAT ANY LIMITATION OF LIABILITY SHALL FAIL OF ITS ESSENTIAL PURPOSE, THE MAXIMUM LIABILITY THAT INSPIRAL SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO INSPIRAL BY END USER.
B. Termination of this Agreement shall not relieve the End User of any obligations to pay any outstanding amounts due, including but not limited to any prorated charges accrued for a billing cycle in which this Agreement is terminated.
8. Dispute Resolution
A. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. In any event, the other provisions will remain in full force and effect.
B. InSpiral failure to enforce any provision in this Agreement will not constitute a waiver of such provision.