GENERAL
These Terms of Service (the “Terms”) set out the conditions under which you may use the iCurrent information services (collectively referred to as the “Service”) and Content posted or made available to you (the “Content”) as a result. By using the Service, or accessing the Content, you agree to these Terms, you represent that you are at least 18 years old and will comply with the requirements stated herein. If you do not agree to these Terms, you may not use the Service. If you violate any of these Terms, we may terminate your access and ability to access or use the Service or Content at any time without notice.
We may change these Terms from time to time, with or without prior notice. We will post any changes at http://www.icurrent.com/terms-of-service; it is your responsibility to be in compliance with the current Terms. These Terms together with our privacy policy constitute your entire agreement with iCurrent concerning the use of the Service.
TERMS & CONDITIONS OF USE
You may only use the Service for your personal, noncommerical use and in compliance with applicable law. You may not resell the Service, or any part of it including any content made available to you, or otherwise copy, sell, rent, distribute or republish the Content without the express consent of the owner or copyright holder thereof, or as may otherwise be allowed by applicable law. You may not use the Service to sell or advertise other services or any products.
The Content made available is provided by third parties and iCurrent has no control over those parties or the accuracy of the Content. The Content is protected by United States and international copyright laws and treaties. You may not alter, modify or otherwise interfere with the Content itself or the trademark or ownership identification contained within any Content, or on the iCurrent website.
You further agree that you will not use the Service or Content made available to engage in illegal or improper acts, including but not limited to:
1. violating any applicable law;
2. annoying, threatening or invading the privacy of any other person or entity;
3. engaging in illegal or inappropriate contact or conduct with person under the age of 18;
4. soliciting personal information from any other person, particularly anyone under the age of 18;
5. attempting to interfere with, or improperly use or access, the iCurrent website, network or Service, the network, website or content of any Content provider, or that of any other person or entity; or
6. allowing any other person or entity access to the Service or Content for any of the foregoing purposes.
REGISTRATION & PRIVACY
You must register with us in order to use the Service. You agree to provide current and accurate information during the registration process and at any time we request that you update that information. We will only use the information you provide in accordance with our privacy policy. For information about iCurrent’s Privacy Policy, please refer to http://www.icurrent.com/privacy-policy
MODIFICATIONS AND TERMINATION OF SERVICE
iCurrent reserves the right, with or without notice, to modify or discontinue the Service for any reason, as well as, to restrict or terminate your use of the Service for a violation of these Terms. Any failure by us to enforce any right or provision of these Terms in a particular instance shall not constitute a waiver of the right to do so in any other instance.
DISCLAIMER OF WARRANTIES
ICURRENT IS NOT RESPONSIBLE FOR THE NATURE OR ACCURACY OF ANY CONTENT AND ANY USE OF, OR RELIANCE UPON, THE SERVICES AND CONTENT IS “AS-IS” AND AT YOUR OWN RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, ICURRENT DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THE WEBSITE, SERVICES OR CONTENT WILL BE SUITABLE FOR YOUR INTENDED NEEDS, UNINTERRUPTED, ERROR-FREE OR ACCURATE.
WE ASSUME NO LIABILITY, AND DISCLAIM ALL RESPONSIBILITY, FOR;
1. PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THE SERVICES OR CONTENT;
2. UNAUTHORIZED ACCESS TO OUR SYSTEM, SERVERS OR NETWORK (INCLUDING ANY AND ALL PERSONAL INFORMATON STORED THEREIN); AND
3. ANY VIRUSES, WORMS, TROJAN HORSES OR OTHER MALICIOUS CODE CONTAINED IN ANY CONTENT OR TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY LAW, ICURRENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND SUPPLIERS WILL NOT BE LIABLE TO ANY PARTY, UNDER ANY THEORY OF LIABILITY (WHETHER STATUTORY, CONTRACT, TORT, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES HOWEVER CAUSED, NOR FOR ANY DAMAGES FOR LOST REVENUES, LOST PROFITS, LOST GOODWILL OR LOST USE OF DATA, EVEN IF ICURRENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR KNEW OR SHOULD HAVE KNOWN OF SUCH POSSIBLE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IN THOSE JURISDICTIONS, ICURRENT’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW.
INDEMNITY
You agree to indemnify, defend and hold harmless iCurrent (including its officers, directors, employees, shareholders and authorized contractors and agents) from any and all costs, losses, demands, disputes, legal actions and damages of any kind (including reasonable attorneys’ fees and costs of experts and consultants) arising from claims by any third party connected with your use of the Service or Content, your violation of any applicable law or these Terms.
COMPLIANCE WITH DMCA
iCurrent complies with the requirements of the Digital Millenium Copyright Act (17 USC 512). Upon proper notification, iCurrent will remove Content that violates applicable copyright laws. If you believe any of the Content infringes your copyright(s), you should notify us of the claimed infringement and provide us with sufficient information to be able to identify the Content at issue and take corrective action. At a minimum, you should:
1. identify the copyrighted work you claim have been infringed. If there are multiple works covered in the same notice, you should provide a representative list of those works;
2. identify the Content that you claim is infringing with sufficient information to enable us to locate the material;
3. provide us with sufficient information to contact you, including a physical address, telephone number, facsimile number and email address, if available;
4. a statement by you, under penalty of perjury, that you are the copyright owner or are authorized to act on the owner’s behalf, and that the information provided in the notice is accurate;
5. a statement by you that you have a good faith belief that the use about which you are complaining is not authorized by the copyright owner, the owner’s authorized agent or otherwise allowed by applicable law; and
6. your physical or electronic signature.
All notices should be sent to iCurrent’s designated agent as follows:
iCurrent, Inc.
ATTN: DMCA Compliance Agent
400 Oyster Point Blvd., Suite 124
Oyster Point Marina Plaza
South San Francisco, CA 94080
Email: dmca@icurrent.com
Do not send notices or questions that are not related to copyright infringement to our designated agent.
FORCE MAJEURE
Under no circumstances will iCurrent be liable for any failure or delay in performance due to acts beyond its reasonable control, including without limitation, telecommunications errors or failures, equipment failures, strikes, war, civil unrest, natural disasters, orders of governmental, judicial or regulatory bodies, acts of God, or failure of performance by third parties.
SEVERABILITY
In the event a court of competent jurisdiction determines any provision of these Terms is invalid or unenforceable, the remaining provisions shall be valid and enforced to the fullest extent possible.
CHOICE OF LAW AND VENUE
These Terms shall be governed by the laws of the State of California without regard to its conflict of laws principles. You further agree that any legal actions may only be brought in the state or Federal courts serving Santa Clara County, California and that you submit to the personal jurisdiction of such courts.
TO CONTACT US
If you have questions about our Terms of Use, the Service or our website, please contact us at support @ icurrent dot com.