Legal Stuff
IRover.net Terms and Conditions
Welcome to IRover.net! IRover.net and/or its affiliates (“iRover.net”) operate and provide web site services, and your use of the Services is subject to guidelines, terms and agreements applicable to such Services.
1. Acceptance of Terms.
By accessing or using the Services, you certify that you have read, understand and agree to be bound by the terms and conditions set forth herein (the “Terms of Use”) whether or not you are a registered user of the Services.
Additional terms and conditions may apply to certain specific Services and specific portions of Services, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. If there is a conflict between these Terms of Use and the terms posted for or applicable to specific Services or portion of the Services, the latter terms shall control with respect to your use of such Services or specific portion thereof.
You hereby represent and warrant that you are of legal age to form a binding contract with IRover.net. Any registration by or use of the Services by anyone under legal age to form a binding contract is unauthorized and in violation of the Terms of Use.
2. Changes to Terms.
IRover.net may amend the Terms of Use at any time, without notice, by posting the amended terms and conditions on this page. You are responsible for regularly reviewing these terms, and any additional terms posted on the Services. Your continued use of the Services after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. Content in the Services and Content License from You.
Subject to the Terms of Use, you may submit, post, transmit, and upload information, data, text, messages, graphics, video, audio, and other data to the Services (“Content”).
You represent and warrant that: (i) you own the Content posted by you on the Services or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of your Content on the Services does not violate the rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on the Services.
iRover.net does not claim ownership of Content you submit or make available for inclusion in the Services. However, by submitting or making available your Content for inclusion in the Services, you hereby grant iRover.net a worldwide, nonexclusive, perpetual, irrevocable, transferable, sub-licensable, royalty free, fully paid up license under your intellectual property rights to use, copy and store for backup and archival purposes, transmit, distribute, reproduce, modify, adapt, translate, reformat, and otherwise create derivative works of, publicly perform and publicly display (i) your Content in any manner, in whole or in part, and to incorporate such Content into other works in any format or medium now or later developed, and (ii) metrics regarding your use of and access to the Services on an aggregated basis for maintaining, improving and upgrading the Services, without any obligation of attribution or compensation to you.
iRover.net does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will iRover.net be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
4. Services Policies and Services Modifications.
You further acknowledge, consent and agree that iRover.net may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of IRover.net and its users. If you become aware of a violation of the Terms of Use or misuse of the Services by any user or person, please promptly report it through our contact page.
iRover.net reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that iRover.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. You acknowledge and agree that if iRover.net disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and use of these materials is subject to additional usage rules set by iRover.net and its licensors. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services by you, in whole or in part, is strictly prohibited.
5. User Conduct.
You agree to not use the Services to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, an iRover.net official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or any other intellectual and proprietary rights of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
intentionally or unintentionally violate any applicable local, state, national or international law or post any Content that would encourage or provide instructions for a criminal offense;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization;
“stalk” or otherwise harass another; and/or
collect or store personal data about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
make commercial use of the Services or its contents; collect and use any product listings, descriptions, photographs or prices displayed on the Services in connection with competing with iRover.net or for other commercial purposes; or create, reproduce and/or distribute any materials derived from the content provided on this Services.
6. Software; iRover.net Property Rights.
iRover.net and its licensors grant to you a non-exclusive, revocable, personal, non-transferable license to access and use the software underlying the Services (“Software”) solely for the purpose of using and accessing the Services. iRover.net and its licensors reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. iRover.net and its licensors own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. If applicable, iRover.net and its licensors may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the Services.
iRover.net properties, including the characters appearing in such properties and their names, likenesses, and pictorial representations, and associated copyrights, trade names and trademarks and any iRover.net trademarks, logos, images, service marks, trade names and other distinctive branding features used on the Services (“iRover.net Property”) are the exclusive property of iRover.net and may not be used without permission. iRover.net is not granting you a license under any intellectual property right to iRover.net Property. Other copyrighted materials, trademarks, logos, and trade names that may appear on the Services are the property of their respective owners.
7. Feedback.
You may from time to time elect, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to iRover.net related to the Services (“Feedback”). If you elect to provide iRover.net any such Feedback, you hereby assign and will assign all ownership in and to such Feedback to iRover.net, and acknowledge that iRover.net will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. To the extent the foregoing is deemed ineffective, you also hereby grant iRover.net a nonexclusive, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up license to use and otherwise exploit Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you.
8. Disclaimer Of Warranties And Other Disclaimers.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES OR SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IROVER.NET AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IROVER.NET AND ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AFFILIATES AND SUBSIDIARIES MAKE NO WARRANTY THAT (i) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR WITHOUT FAILURE; (iii) ANY RESULT THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE SERVICES OR SOFTWARE WILL BE CORRECTED; (vi) ANY PERSONAL INFORMATION YOU SUBMIT WILL BE SECURE OR ERROR-FREEAND (vii)THE UPTIME OR SERVER RESPONSE TIME OF THE SERVICES SHALL MEET ANY MINIMUM STANDARDS OR USER’S REQUIREMENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED IN YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IROVER.NET AND ITS LICENSORS USES INDUSTRY STANDARD SECURITY MEASURES TO PROTECT AGAINST UNAUTHORIZED ACCESS, ALTERATION, DISCLOSURE, AND DESTRUCTION OF PERSONAL INFORMATION. NOTWITHSTANDING THE FOREGOING, THE SECURITY OF WEB SERVERS CONNECTED TO THE INTERNET IS SUBJECT TO FACTORS OUTSIDE IROVER.NET’S AND ITS LICENSORS’ CONTROL SO IROVER.NET AND ITS LICENSORS CANNOT GUARANTEE THE SECURITY OF PERSONAL INFORMATION.
9. Limitation Of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
NONE OF IROVER.NET, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AFFILIATES, OR SUBSIDIARIES SHALL BE LIABLE TO YOU OR ANYONE ELSE, DIRECTLY OR INDIRECTLY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IROVER.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR IN CONNECTION WITH: (i) THE USE OR THE INABILITY TO USE THE SERVICES OR SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (iii) ANY VIDEO, AUDIO, DATA OR ANY OTHER INFORMATION RECEIVED OR TRANSMITTED THROUGH THE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (vi) USE OF OR RELIANCE ON CONTENT AND ANY INFORMATION, OPINIONS, OR MATERIALS CONTAINED THEREIN, OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES.
IN NO EVENT WILL IROVER.NET, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AFFILIATES OR SUBSIDIARIES BE LIABLE TO YOU OR ANYONE ELSE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS RESULTING FROM OR IN CONNECTION WITH (i) CONTENT (AND ANY INFORMATION, OPINIONS, OR MATERIALS CONTAINED THEREIN, OR (ii) ANY USE OF CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ACTION TAKEN IN RELIANCE THEREON.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IROVER.NET, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AFFILIATES OR SUBSIDIARIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER UNDER THE TERMS OF USE OR IN ANY WAY CONNECTED WITH THE SERVICES (INCLUDING BUT NOT LIMITED TO CONTENT) OR SOFTWARE, AND REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO IROVER.NET FOR THE SERVICES DURING THE TERM OF THE TERMS OF USE, BUT IN NO CASE WILL IROVER.NET’S LIABILITY TO YOU EXCEED $100. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO IROVER.NET FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM IROVER.NET, REGARDLESS OF THE CAUSE OF ACTION, UNLESS OTHERWISE REQUIRED BY LAW.
10. Exclusions And Limitations.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnity.
You agree to indemnify and hold iRover.net and its directors, officers, employees, and licensors harmless from any claim (including, but not limited to, a claim of libel or defamation) or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of the Terms of Use, or your violation of any rights of another.
12. Privacy.
iRover.net cares about the privacy of our users. Click here to view iRover.net’s Privacy Policy, which is incorporated herein by reference. By using the Services, you are consenting to have your personal information transferred to and processed in the United States or any other country where iRover.net in its sole discretion decides to transfer or process them.
Personal Information” is information that you provide to us which personally identifies you, such as your name, email address or billing information, or other data which can be reasonably linked to such information by iRover.net.
13. Notice.
iRover.net may provide you with notices, including those regarding changes to the Terms of Use, by posting them on the Site.
14. General.
The Terms of Use and other applicable terms and conditions and policies incorporated herein constitute the entire agreement between you and iRover.net (or its Licensors) governing your use of the Services and Software, superseding any prior agreements between you and iRover.net with respect to use of the Services and Software.
The Terms of Use and the relationship between you and iRover.net shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and iRover.net agree to submit to the personal jurisdiction and venue of the courts located within the county of Santa Clara, California.
The failure of iRover.net to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
You agree that your iRover.net account is personal to you and non-transferable.
You agree that regardless of any statute or law to the contrary, any claim or cause of action by you against iRover.net or its directors, officers, employees or licensors arising out of or related to use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. In addition, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
If any translation of the Terms of Use is done for local requirements and a conflict or inconsistency between the English and any non-English versions arises, the English version of the Terms of Use shall govern.