• Acceptance of Terms
→ In summary: You must agree to these terms and conditions, and be 16 or older, to use the In-It.com site and services.
Welcome to the website of In-It LLC ("In-It”). The following terms and conditions (the “Terms”) govern your access to and use of In-It.com (the “Site”), any services provided through the Site (the “Services”), and any videos, information, text, images, or other materials uploaded, downloaded, or appearing on the Site.
Please read these Terms carefully before you start using the Site. By accessing or using the Site or its Services, you are agreeing to be bound by these Terms.
The Site and its Services are offered and available to users who are 16 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with In-It. If you do not agree to be bound by these Terms, or you are not 16 or older, you must not access or use the Site.
• Changes and Additional Terms
→ In summary: These terms might change, so check back for updates. Also, there may be other rules to follow.
In-It may modify the Terms from time to time in its discretion. Your use of the Site will be subject to the most current version of the Terms posted on the Site at the time. In addition, when you use Services, you are subject to any posted guidelines, rules, or additional terms that apply to those Services. All such guidelines, rules, or additional terms are incorporated into and are part of these Terms.
• User Contributions
→ In summary: Please create and post original content. We may have to modify it to make it work correctly and comply with the rules. Promise that you have the right to post your content and that it doesn’t break the law.
The Site permits you to post, display, and upload content in connection with the Services (“User Contributions”). There are two types of User Contributions:
· Videos that you create and upload to the Site; and
· Topics you create to which you invite others to post their own videos.
User Contributions are intended to be your original creations, and not videos or other content copied from elsewhere on the internet. To enable full functionality of the Services, In-It may need to make certain modifications to your User Contributions, such as cropping images to fit, adding subtitles for translations purposes, or blurring images to address privacy concerns. Accordingly, you hereby grant In-It a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, modify, publish, transmit, broadcast, display, and distribute the User Contributions in any and all media or distribution methods, whether now known or later developed.
By providing User Contributions through the Site, you represent and warrant that:
· You own, or have obtained proper permission to use, any User Contributions, and you have all requisite powers, rights, and authority to use the User Contributions and to grant In-It the right to use the User Contributions in connection with providing the Services.
· To the extent the User Contributions contain personally-identifiable information belonging to you or others, or any other information the transmission or disclosure of which is restricted by law, you have taken all steps necessary to comply with applicable law governing the disclosure and transmission of such User Contributions
· You have obtained the express permission of each identifiable individual person in the User Contributions to use the name or likeness of each such person in the manner contemplated by the Services and these Terms.
· In-It’s use of the User Contributions in connection with the Services does not and will not infringe the rights of any other person or violate applicable laws or regulations.
• Use of the Services; Prohibited Uses
→ In summary: Your content will be visible to anyone who wants to see it, so post with care! Don’t post content that is illegal or hurts others (including other users and In-It).
You are responsible for your use of the Site and Services and for any User Contributions you post to the Services. The User Contributions you submit, post, upload, or display will be visible to other Site visitors and through third-party sites and services. You should only provide User Contributions you feel comfortable sharing with the public.
You may use the Site only for lawful purposes and in accordance with these Terms, and you agree not to:
· Submit User Contributions that are protected by copyright, trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant In-It all of the license rights granted herein.
· Submit User Contributions or otherwise post or transmit material using the Services that In-It determines is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, harmful to or exploitative of minors, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
· Use the Site or Services for any activity that infringes the rights of any party, violates contractual or fiduciary relationships, or is otherwise unlawful.
· Impersonate another person or entity or misrepresent your affiliation with a person or entity.
· Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by In-It, may harm In-It or Site users or expose them to liability.
· Upload, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs of a destructive or otherwise malicious nature.
· Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
· Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
· Otherwise attempt to interfere with the proper working of the Site.
• Account Registration
→ In summary: Please provide accurate information when you register.
• Use and Protection of Login Credentials
→ In summary: Keep your user name and password secret. If you break the rules, we can suspend your use of the Services.
You are responsible for maintaining the confidentiality of your user name and password (“Login Credentials”), if applicable. You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify In-It immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your Login Credentials or other personal information.
In-It reserves the right to disable your Login Credentials or otherwise suspend your access to the Site or its Services at any time if In-It believes you have violated any provision of these Terms.
• License Grant and Restrictions
→ In summary: In-It and its licensors own the rights to the Site and Services. Please don’t violate those rights. In-It is giving you permission to use the Site and Services for personal and noncommercial use only.
The Site and Services, including all content, trademarks, logos, and service marks, are owned by It-It, its licensors, or other providers, and are protected by copyright, trademark, and other intellectual property or proprietary rights laws. In-It hereby grants you a limited, revocable, nonexclusive, nontransferable right to access and use the Site and Services, solely for your own personal and noncommercial use, except as otherwise allowed by these Terms. All rights not expressly granted to you in the Terms are reserved by In-It. You may not access the Site or Services for purposes of monitoring its availability, performance, functionality, or for any other benchmarking or competitive purpose.
Except as expressly authorized by In-It or its licensors, you will not (i) license, sublicense, rent, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Site or Services in any way; (ii) copy, modify, republish, distribute, or make derivative works based upon the Site or Services; (iii) “frame” or “mirror” the Site on any other server or wireless or Internet-based device[AMB1] ; or (iv) reverse engineer or access the Site or its Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Site, or (c) copy any ideas, features, functions, or graphics of the Site.
• Monitoring and Enforcement
→ In summary: In-it may monitor and remove your content if there’s a problem with it, and may set additional rules about use of the services. In-It may cooperate with law enforcement if asked to do so.
In-It has the right, but not the obligation, to:
· Remove or refuse to post any User Contributions that In-It believes violates these Terms.
· Take any action with respect to User Contributions that In-It deems necessary or appropriate in its sole discretion, including if In-It believes that such User Contributions violate these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for In-It.
· Establish general practices and limits on the use of the Services, including, but not limited to, limits on retention time, file size, and storage space for User Contributions. In-It will have no liability or responsibility for the deletion or failure to store any information or materials in connection with the Services.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
· Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, In-It may fully cooperate with any law enforcement authorities or court order requesting or directing In-It to disclose the identity or other information of anyone posting any materials on or through the Site. You agree not to pursue In-It for any claims resulting from In-It’s or law enforcement’s actions relating to law enforcement investigations.
In-It assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. In-It has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
• Linking to the Site and Social Media Features
→ In summary: This is how social media works. Also, please don’t link to the site in a way that makes it look like In-It is endorsing you or your site.
You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage In-It’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on In-It’s part without In-It’s express written consent.
This Site may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on this Site.
· Send emails or other communications with certain content, or links to certain content, on this Site.
· Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by In-It and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any website or social media profile that is not owned by you.
· Otherwise take any action with respect to the materials on this Site (including User Contributions) that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
• Notification of Copyright Infringement[AMB2]
→ In summary: This is how you notify us about copyright infringement on the Site or Services.
In-It will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or accessible from this Site, please provide In-It's Copyright Agent a written notice containing the following elements:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
A description of the copyrighted work or works you claim have been infringed;
Identification of the allegedly infringing material and information reasonably sufficient to permit In-It to locate the material on the Site;
Your contact information, including your name, address, telephone number, and email address;
A statement that you have a good faith belief that the use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in your written notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
In-It’s Copyright Agent may be contacted as follows:
• Geographic Restrictions
→ In summary: Please only use the Services if the law where you live allows you to do so.
The owner of this Site is based in the state of Oregon in the United States. In-It makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
• Disclaimer of Warranties
→ In summary: The site and services are provided “as is.”
In-It cannot and does not guarantee or warrant that the Site or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. IN-IT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE AND SERVICES.
YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. THIS SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER IN-IT NOR ANY PERSON ASSOCIATED WITH IN-IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER IN-IT NOR ANYONE ASSOCIATED WITH IN-IT REPRESENTS OR WARRANTS THAT THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IN-IT OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
IN-IT MAY MAKE CHANGES TO THE SITE OR SERVICES AT ANY TIME WITHOUT NOTICE. THE DESCRIPTIONS OF SERVICES ON THE SITE MAY BE OUT OF DATE, AND IN-IT MAKES NO COMMITMENT TO UPDATE THE SITE OR SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
• Limitation of Liability
→ In summary: In-It is not liable for damages for your use of the Site and Services.
IN NO EVENT WILL IN-IT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
• Third-Party Sites
→ In summary: In-It isn’t responsible for third-party websites.
In-It may contract with third-party service providers for certain services, such as payment services, and may also provide links to other third-party websites that are not under the control of In-It. In addition to these Terms, you may be bound by any additional terms required by the third-party service providers. In-It makes no representations about any other website to which you may have access through the Site, and accepts no liability for activities on content on third-party sites. In-It is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on third-party sites or for the quality of any products or services available on such sites.
→ In summary: You indemnify In-It for your use of the Site and Services.
You agree to defend, indemnify, and hold harmless In-It, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site or Services.
• Governing Law and Jurisdiction
→ In summary: Oregon law governs. Jurisdiction and venue are both in Portland, Oregon.
The Site (excluding linked sites) is controlled by In-It from its offices in Portland, Oregon, United States of America. By accessing the Site, you and In-It agree that all matters relating to your access to, or use of, the Site will be governed by the laws of the State of Oregon, without regard to the conflicts of laws or principles thereof. You and In-It also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Portland, Oregon.