TERMS OF USE
Last revised on January 26, 2018
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the
http://www.ifnottech.com website and the mobile version of this site and (the "Service") operated by IfNotTech ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service
THESE TERMS OF USE ("AGREEMENT") SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE COVERED SITES. BY ACCESSING OR USING THE COVERED SITES, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE COVERED SITES.1. Username and Passwords. When you sign up to subscribe to our magazines, newsletters and other services you represent and warrant that: (a) all required information ("User Information") you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You will be responsible for maintaining the confidentiality of your user Information, and we will not be responsible for misuse of your information by any third party, whether authorized by you or not. You are responsible for all activities that occur under the accounts generated with your User Information. You agree to immediately notify IfNotTech of any unauthorized use, or suspected unauthorized use of your User Information or any other breach of security. IfNotTech cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. Licenses2.1 License. Subject to the terms of this Agreement, IfNotTech grants you a non-transferable, non-exclusive, license to use the Covered Sites for your personal, noncommercial use. Subject to the terms of this Agreement, IfNotTech grants you a non-transferable, non-exclusive, license to install and use the software IfNotTech makes available for mobile devices ("Apps"), in executable object code format only, solely on your own handheld mobile device and for your personal, noncommercial use. For the avoidance of doubt, Apps are deemed part of the Covered Sites.
2.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Covered Sites; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Covered Sites; (c) you shall not access the Covered Sites in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Covered Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Covered Sites shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Covered Sites content must be retained on all copies thereof.
2.3 Open Source Software. Certain items of independent, third-party code may be included in the App that are subject to open source licenses ("Open Source Software"). Such Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.
2.4 Wireless Addresses, Short Message Services and Wireless Internet. By providing us your wireless email address or by signing up for any SMS, WAP, or Mobile Service (each as described in the Privacy Policy), you agree to the following: Our wireless carriers and providers are not responsible for the content of our wireless services or any of the messages you may receive from us. You acknowledge and agree that the wireless email, SMS, WAP and Mobile Services are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of such services will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the services.
2.5 Modification. IfNotTech reserves the right, at any time, to modify, suspend, or discontinue the Covered Sites or any part thereof with or without notice. You agree that IfNotTech will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Covered Sites or any part thereof.
3. Ownership and Feedback3.1 Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Covered Sites are owned by IfNotTech or IfNotTech's licensors. The provision of the Covered Sites does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. IfNotTech and its suppliers reserve all rights not granted in this Agreement.
3.2 If you provide IfNotTech any feedback or suggestions regarding the Covered Sites ("Feedback"), you hereby assign to IfNotTech all rights in the Feedback and agree that IfNotTech shall have the right to use such Feedback and related information in any manner it deems appropriate. IfNotTech will treat any Feedback you provide to IfNotTech as non-confidential and non-proprietary. You agree that you will not submit to IfNotTech any information or ideas that you consider to be confidential or proprietary.
4. User Content4.1 User Content. "User Content" means any and all information and content that a user submits to, or uses with, the Covered Sites (e.g., photos, audio, video, messages, text, files, or other content you provide us). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by IfNotTech. Because you alone are responsible for your User Content (and not IfNotTech), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. IfNotTech is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire. Under no circumstance will IfNotTech be liable for any inaccuracy or defect in any User Content.
4.2 License. You hereby grant, and you represent and warrant that you have the right to grant, to IfNotTech an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
4.3 Acceptable Use Policy. The following sets forth IfNotTech's "Acceptable Use Policy":
(a) You agree not to post, email, or otherwise make available User Content:** that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another's privacy, or harmful to minors in any way;
**that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
**that includes personal or identifying information about another person without that person's explicit consent.
**that is false, deceptive, misleading, deceitful, misinformative, constitute "bait and switch" or impersonation of any person or entity;
**that contains your own or a third party's advertising, branding or promotional content;
**that is unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
**that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
**restrict or inhibit any other user from using and enjoying the IfNotTech sites or the IfNotTech services offered on them;
**that includes your personal information, such as telephone number, street address, last name, URL or email address;
**that is a "cut and paste" of private messages from other users;
**that re-broadcasts any User Content that violates these terms; or
**that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to use the Covered Sites to:**Upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
**Harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
**Interfere with, disrupt, or create an undue burden on servers or networks connected to the Covered Sites or violate the regulations, policies or procedures of such networks;
**Attempt to gain unauthorized access to the Covered Sites, other computer systems or networks connected to or used together with the Covered Sites, through password mining or other means;
**Tamper with any copyright protection mechanisms applicable to content on any Covered Sites;
**Introduce software or automated agents or scripts to the Covered Sites so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Covered Sites (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
Links To Other Web SitesOur Service may contain links to third-party web sites or services that are not owned or controlled by IfNotTech. IfNotTech has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that IfNotTech shall not be responsible or liable, directly or indirectly, for any damage or loss caused or all eged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
ChangesWe reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact UsIf you have any questions about these Terms, please contact us
customer@ifnottech.com
ifnottech@ifnottech.com
IfNotTech