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iON USA | Terms of Service - iON USA
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iON AMERICA, LLC – UNITED STATES

Last Update Date: 9/16/2015

TERMS OF SERVICE

iON products and services are provided by iONAmerica, LLC, its parent, subsidiaries or affiliated companies (“iON”, “we” or “our”). These Terms of Use (“Terms”) govern your access to and use of iON’s websites at www.ioncamera.com and any other website for which iON owns the domain registration (the “Site”), products, Content (defined below), online or mobile applications and services (collectively the “Service”). Please read these Terms carefully. These Terms – which incorporate our Privacy Policy, Copyright Policy, Video Upload Terms and Conditions, and Terms and Condition of Sale – constitute a binding legal agreement between you and iON.

Certain areas of the Site (and your access to or use of certain aspects of the Service or Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Service or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Service or Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR THE SERVICE OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICE OR CONTENT. TO REJECT THESE TERMS, YOU MUST DELETE THE APPLICATION FROM YOUR MOBILE DEVICE IMMEDIATELY, AND RETURN ANY PRODUCTS THAT YOU HAVE PURCHASED WITHIN FOURTEEN (14) DAYS OF THE DATE YOU PURCHASED THE PRODUCT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

MODIFICATION

iON reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Service or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Update Date” at the top of these Terms of Service. You are advised to consult these Term regularly for changes. By continuing to access or use the Site or the Service after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, the Service and Content.

ELIGIBILITY

The Site and Service are intended solely for persons who are 18 or older. Any access to or use of the Site or Service by anyone under 18 is expressly prohibited. By accessing or using the Site or Service you represent and warrant that you are 18 or older.

ACCOUNT REGISTRATION

In order to access certain features of the Site and Service and to post any Content on the Site or through the Service, you must register to create an account (“Account”) and become a member (“Member”). During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. iON reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify iON of any unauthorized use of your Account.

FEES AND PAYMENT

Certain aspects of the Services may be provided for a fee. You shall pay all applicable fees as described on the Site in connection with such Services selected by you. iON reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Site. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder for Services are non-refundable.

PRIVACY

See iON’s Privacy Policy at https://usa.ioncamera.com/privacy for information and notices concerning iON’s collection and use of your personal information.

OWNERSHIP

The Site, Service and Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, iON and its licensors exclusively own all right, title and interest in and to the Site, Service and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Service or Content.

COPYRIGHT POLICY

iON respects copyright law and expects its users to do the same. iON has adopted and implemented the iON Copyright Policy in accordance with the Digital Millennium Copyright Act. The Copyright Policy provides for the termination in appropriate circumstances of Members who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. For more information, please see iON’s Copyright Policy at https://usa.ioncamera.com/copyright.

PROPRIETARY RIGHTS NOTICES

All trademarks, service marks, logos, trade names and any other proprietary designations of iON used herein are trademarks or registered trademarks of iON. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

LICENSE GRANTED BY iON

“Content” on the Service means any links, text, graphics, images, music, audio, video, photos, information, code, or other materials available on the Service. Subject to your compliance with the Terms, iON grants you a limited, non-exclusive, non-transferable license to access and use the Service and to access, use, view download and print any Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this Section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Service or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by iON or its licensors, except for the licenses and rights expressly granted in these Terms.

USER CONTENT

Members may post, upload, publish, submit or transmit text, graphics, images, music, audio, video, information or other materials to be made available through the Site and Service (“User Content”). By making available any User Content through the Site and Service, you hereby grant to iON a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means of the Site and the Service in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes. By making available any User Content through the Site and Service, you also hereby grant to iON a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on and through third-party distribution channels selected by, but not affiliated with, iON, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes; you also grant iON the right to sublicense these rights to third parties for distribution via third party distribution channels, which may include viral distribution of your User Content. You agree that neither iON nor any third party distribution channels have any obligation to provide any compensation to you for your User Content or the licenses granted herein. iON does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Service or you have all rights, licenses, consents and releases that are necessary to grant to iON the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or iON’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

iON reserves the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.

FEEDBACK

We welcome and encourage you to provide feedback, comments, ideas, proposals or suggestions for improvements to the Site and Service (“Feedback”). You may submit Feedback by emailing us at support@ion-america.com or through the “Support” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of iON and you hereby irrevocably assign to iON all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At iON’s request and expense, you will execute documents and take such further acts as iON may reasonably request to assist iON to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.

For any Feedback that you submit to iON, in addition to any other representations or warranties in these TOU, you represent and warrant that you have the right to disclose such ideas or proposal to iON and that such disclosure does not violate the rights of any other person or party. You will indemnify and hold harmless and defend iON from and against any claims, losses, expenses and liabilities arising from breach by you of the foregoing representation and warranty.

GENERAL PROHIBITIONS

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any text, graphics, images, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • Use, display, mirror or frame the Site, or any individual element within the Site, iON’s name, any iON trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without iON’s express written consent;
  • Access, tamper with, or use non-public areas of the Site, iON’s computer systems, or the technical delivery systems of iON’s providers;
  • Attempt to probe, scan, or test the vulnerability of any iON system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by iON or any of iON’s providers or any other third party (including another user) to protect the Site, Service or Content;
  • Attempt to access or search the Site, Service or Content or download Content from the Site or Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by iON or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a iON trademark, logo URL or product name without iON’s express written consent;
  • Use the Site, Service or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Service or Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Service or Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
  • Collect or store any personally identifiable information from the Site or Service from other users of the Site or Service without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

iON has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. iON may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that iON has no obligation to monitor your access to or use of the Site, Service or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. iON reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content, that iON, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Service.

GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. By accessing or using the Site or Service, you agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource- center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you affirm that you:

  • are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
  • agree not to transfer any software, technology or any other technical data through the use of our Site or Service to any export-prohibited country;
  • agree not to use our Site or Service for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
  • agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

    • LINKS

    The Site may contain links to third-party websites or resources. You acknowledge and agree that iON is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by iON of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

    TERMINATION AND ACCOUNT CANCELLATION

    If you breach any of these Terms, iON will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. iON reserves the right to revoke your access to and use of the Site, Service and Content at any time, with or without cause. You may cancel your Account at any time by sending an email to support@ion-america.com.

    DISCLAIMERS

    THE SITE, SERVICE AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, iON EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. iON MAKES NO WARRANTY THAT THE SITE, SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. iON MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICE.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM iON OR THROUGH THE SITE, SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

    YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICE. YOU UNDERSTAND THAT iON DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICE, NOR DOES iON MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICE. iON MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

    INDEMNITY

    You agree to defend, indemnify, and hold iON, its affiliates, officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the User Content you submit to the Site and your access to or use of the Site, Service or Content, or your violation of these Terms.

    LIMITATION OF LIABILITY

    YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICE AND CONTENT REMAINS WITH YOU. NEITHER iON NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICE OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT iON HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    IN NO EVENT WILL iON’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICE OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100 USD). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN iON AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    CONTROLLING LAW AND JURISDICTION

    These Terms and any action related thereto will be governed by the laws of the States of New Jersey without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the State of New Jersey and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

    ENTIRE AGREEMENT

    These Terms – together with the Privacy Policy, Copyright Policy, Video Upload Terms and Conditions, and Terms and Conditions of Sale – constitute the entire and exclusive understanding and agreement between iON and you regarding the Site, Service and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between iON and you regarding the Site, Service and Content.

    ASSIGNMENT

    You may not assign or transfer these Terms, by operation of law or otherwise, without iON’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. iON may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

    NOTICES

    Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by iON via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

    GENERAL

    The failure of iON to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of iON. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

    CONTACTING iON

    If you have any questions about these terms or other information, please contact iON by email at ____________@________.com or by phone _____________.