Agreement between user and Intensify Digital
This Web site is offered to you by Intensify Digital (referred to as the Company) on the condition that you accept the terms, conditions, and notices contained on this page and on other pages of this Web site. YOU AGREE TO READ THESE TERMS, CONDITIONS AND NOTICES CAREFULLY BEFORE USING THIS COMPANY'S WEB SITE. YOU MAY NOT ACCESS OR USE THIS WEB SITE UNLESS YOU AGREE TO THEM. By using this Web site, you acknowledge that you have read the terms, conditions and notices in this Agreement and you agree to accept them. Company reserves the right to change the terms, conditions and notices under which this Web site is offered at any time in its sole discretion.
All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by Company or by third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of Company and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Company. Also, you may not "mirror" any Materials contained on this Web Site on any other server without Company's prior express written permission.
Except where expressly provided otherwise by Company, nothing on this Web Site shall be construed to confer any license offer for license or sale under any of Company's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Company and as such, Company makes no warranty with respect to its contents. Company does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Company.
Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
User accounts are free and can contain many paid accounts. You can cancel a paid account at any time by selecting the edit icon on the account tile located on the dashboard. By simply clicking the "cancel account" button the paid account will be cancelled and removed from your user account. Please note that all content related to that paid account will be deleted and not recoverable. There are no refunds for past usage of service on paid account.
All content on this site, such as text, graphics, logos, icons, images, audio or video clips, software, site design and the selection and assembly of them, are the sole property of Company or its content providers. Such property is protected by U.S. and international copyright laws. All rights not expressly granted in the User Agreement are reserved. Except as otherwise required by applicable law, any download, copy, reproduction, modification, distribution, publication, transmission, transfer, sale, license, display, performance or adaptation of the content is strictly prohibited. We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
Names and logos identifying products of Company are registered trademarks, trademarks or servicemarks of Company.
All other company names, product names, marks, logos, and symbols are or may be the trade names or trademarks of their respective owners.
This Web Site may include inaccuracies or typographical errors. Company and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web Site at any time without notice. Company may periodically make changes to the Web Site.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY COMPANY, INFORMATION, MATERIAL, AND SOFTWARE CONTAINED ON THE WEB SITE ARE PROVIDED "AS IS" AND COMPANY HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.
This Web site may contain links to web sites controlled by parties other than Company. Company is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.
Any software that may be made available to download from this Web Site ("Software") is the copyrighted work of Company and/or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software ("License Agreement"). An end user agrees to the License Agreement terms by installing, copying, or using the Software. Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, COMPANY HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Except where expressly provided otherwise by Company, all comments, feedback, information or materials submitted to Company through or in association with this Web Site ("Submissions") shall be considered non-confidential and Company's property. By providing such Submissions to Company, you agree to assign to Company, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Company shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Company, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST COMPANY FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD COMPANY HARMLESS FROM, AND YOU COVENANT NOT TO SUE COMPANY FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.
Company controls and operates this Web Site from its headquarters in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Web Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Web Site are solely directed to individuals, companies or other entities located in the United States of America. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from Company, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
This Agreement is governed by the laws of the United States and of the State of Michigan. You consent to the exclusive jurisdiction and venue of courts in Oakland County, Michigan U.S.A. in all disputes arising out of, or relating to, use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of the terms, conditions and notices of this Web site and this Agreement, including this paragraph.
In the event any provision of this Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from this Agreement. The remainder of this Agreement shall remain in full force and effect according to its terms.
This Agreement contains the entire understanding and agreement of the parties with respect to the use of this Web site. It supersedes all prior oral or written understandings and agreements relating to use of this Web site. Company's waiver of any provision of this Agreement shall not be deemed to waive it for the future.
If you have any questions about this Agreement, or if you would like to request permission to use any Materials, please contact us at support@intensifydigital.com.