Updated January 13, 2009
This agreement (the “Agreement”) defines the relationship between Infographicworld.com Inc. (“Infographicworld.com”, the “Company”, “we”, or “our”) and you (“you”, “your”, the “Customer”). Infographicworld.com provides privacy-related services (the “Services”) for the Customer or someone (e.g., the Customer’s child) that the Customer has designated to be the subject of the Services provided by Infographicworld.com (the “Named Party”).
The Services we provide are described on the individual pages for each service, which can be accessed at http://www.Infographicworld.com. We may change the description or content of our Services at any time.
Infographicworld.com does not guarantee or warrant that we will find or communicate to you every example or all examples of Internet content about the Customer or the Named Party that he or she has designated as the subject of the searches to be undertaken by the Company. Infographicworld.com, moreover, does not guarantee or warrant that it will be successful in effecting removal or alteration, if such service is to be performed, of any Internet content about the Customer or the Named Party he or she has designated as the subject of the searches to be undertaken by the Company.
You authorize us to be your privacy advocates. In this role, we might contact third parties, including creators of unwelcome content, hosts of unwelcome content, and other parties who might have control or authority over such content. You authorize us to take such action on your behalf, via email, via secure Web link, or via the United States Postal Service or other courier service, and to identify ourselves as acting on your behalf. You recognize that such contact may have unpredictable side-effects, including but not limited to negative responses from others. We are not your lawyer and cannot dispense legal advice, nor does this Agreement or the Services create any attorney-client relationship or legal representation.
If you purchase any of the MyReputation services, then you agree to this paragraph in addition to the rest of the Agreement. You agree to provide the information required by the service, and understand that the better the information you provide the better results you’ll see. You authorize us to use your information to search the Internet and the “deep web” using any tools available. You authorize us to use the information you provide to create and publish web content. You grant us the right to publish any or all of the content you provide on any websites we deem fit for the purposes of the MyReputation service. You authorize us to modify any content as we see fit to provide the service. You warrant that you have the right to distribute the content you provide us, and to indemnify us against any damages arising from the use of the content you provide, whether due to copyright infringement or other reason. You authorize us to act on your behalf in creating accounts on other sites in your name. If you are no longer an active MyReputation subscriber then you may request information about your accounts on other sites during the ten days following the end of your subscription period; after that, we reserve the right to archive your information and deny your request. The availability of MyReputation representatives is specified when you sign up. In addition to the general release, below, you specifically release and hold us harmless for all damages caused as a result of the MyReputation service, including any damages resulting from publication of the content you provide us, disclosure of your relationship with Infographicworld.com, or any other cause.
You understand and accept that Infographicworld.com’s products are subscription products that operate on an auto-renewal basis such that your credit card, debit card, electronic payment, or other method of payment will be assessed the specified fees at regular intervals, as described on our website.
Acceptable Use Policy
Infographicworld.com does not allow its service to be used for illegal activities, nor activities that Infographicworld.com deems improper for any reason whatsoever at its sole judgment. Infographicworld.com reserves the right to take preventative or corrective actions to protect itself and its customers, subscribers, and users. Thus, the Company has developed an Acceptable Use Policy (the “AUP”), as part of the User Agreement to which each customer agrees at the time of initiation of service. This policy help customers identify activities that are illegal or may be illegal under certain circumstances, and to identify certain types of accounts for which Infographicworld.com has decided not to provide service, even if the activities may be legal. Infographicworld.com reserves the right to revise or make exceptions to the AUP, in order to reflect changing customer and business needs. We reserve the right to refuse service to anyone, or to refuse to perform any type of service, at any time. Malicious or fraudulent use of the Services is absolutely forbidden.
Infographicworld.com may modify the AUP at any time without prior notice. Notice of revisions to the AUP will be posted on the Infographicworld.com website located at http://www.Infographicworld.com. You are responsible for regularly reviewing the AUP. No amendment to or modification of this AUP will be binding unless in writing and signed by a duly authorized representative of Infographicworld.com or posted to the Infographicworld.com website by a duly authorized representative of Infographicworld.com.
Users of Infographicworld.com must truthfully and accurately represent their identities in subscribing and using the Company’s Services. You represent and warrant that you are truthfully representing your identity, and agree to release and hold harmless Infographicworld.com for any loss or damage to you resulting from a false or inaccurate representation of identity. Further, you agree to indemnify Infographicworld.com against any loss or damage caused to Infographicworld.com resulting from fraudulent or malicious representations of identity made to Infographicworld.com.
In connection with the Services, Infographicworld.com may collect additional information about you (for example, known usernames/screennames, addresses, etc). You represent and warrant that all information you provide in connection with Infographicworld.com Services is correct and accurate to the best of your knowledge. The ability of Infographicworld.com to locate Internet content concerning the Customer is limited by the quality of information provided. You agree to release and hold harmless Infographicworld.com from any loss or damage caused to you resulting from inaccurate or false representations of information. Further, you agree to indemnify Infographicworld.com against any loss or damage caused to Infographicworld.com resulting from fraudulent or malicious representations of information made to Infographicworld.com.
Despite Infographicworld.com’s active enforcement of its Policies, ultimately it is the responsibility of the user to ensure that all transactions comply with the Acceptable Use Policy and the below guidelines.
Transactions Covered by the Acceptable Use Policy.
The Acceptable Use Policy covers all Infographicworld.com transactions and use of the Company’s services.
Violations of the Acceptable Use Policy.
Violating Infographicworld.com’s Acceptable Use Policy may result in temporary or permanent limitation of a Customer’s account. Additionally, users whose accounts are permanently limited for violating the Acceptable Use Policy are barred from future use of Infographicworld.com and its services, and such users are not permitted to open new or additional Infographicworld.com accounts under any name.
If you encounter violations of the Acceptable Use Policy, please report them to Infographicworld.com immediately.
The services offered by Infographicworld.com may change at any time. The methods used to provide services may change at any time. The pricing of services may change at any time. Glitches are to be expected in a technology-driven product. By accepting these terms you represent that you are aware that Infographicworld.com is a technology-driven service and accept any glitches, bugs, delays, and other problems to be expected with such a service.
LIMITATION OF LIABILITY
You agree that you will hold harmless Infographicworld.com, and its officers, directors, and employees, from all claims arising out of or related to your access or use of, or your inability to access or use, Infographicworld.com’s services, this Web site, or the information contained in this Web site or other web sites to which it is linked.
THE SERVICE, THE SOFTWARE, THE REPORTS, AND ALL RELATED AND ANCILLARY SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY INFOGRAPHICWORLD.COM AND AFFILIATES, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. INFOGRAPHICWORLD.COM DOES NOT WARRANT THAT THE SERVICES OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
INFOGRAPHICWORLD.COM WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE.
Infographicworld.com does not guarantee the Service will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond Infographicworld.com’s control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Infographicworld.com’s servers are located or co-located. Complete accuracy in all aspects of your reports at all times also is not guaranteed.
You agree to indemnify, hold harmless and defend Infographicworld.com and its wholly owned subsidiaries, at your expense, any and all third-party claims, actions, proceedings, and suits brought against Infographicworld.com or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by Infographicworld.com or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your fraudulent or malicious use of the Services, (iii) your violation of applicable laws, rules or regulations in connection with the Services. In such a case, Infographicworld.com will provide you with written or electronic notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Infographicworld.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
REFUND POLICY STATEMENT
All sales of all Infographicworld.com services are final. No refunds shall be given by Infographicworld.com, or any other party, for any amounts paid for services, including, without limitation, any service charges or fees. Further, the Customer acknowledges and accepts the risk that Infographicworld.com, may not succeed in finding all Internet content about the Customer or the Named Party (e.g. the Customer’s child) whom the Customer designates as the person about whom Infographicworld.com, will undertake searches for Internet content. The Customer also acknowledges and accepts the risk that Infographicworld.com, may not succeed in effecting the removal and/or alteration of any Internet content about the Customer or the Named Party (e.g. the Customer’s child) whom the Customer designates as the person about whom Infographicworld.com, will undertake to effect the removal and/or alteration of Internet content. No refunds shall be given by Infographicworld.com, for any reason. As the Customer can appreciate, the Company’s work is quite difficult, and we will do our best, but we are not able to make any guarantees!
Further, the Customer hereby acknowledges that the Company can not and does not make any guarantees or warranties, and the Customer therefore understands that he or she foregoes the right to dispute credit card charges on the grounds that the Company has failed to deliver satisfactory services. The Customer further understands that, because the Company is an Internet-based business, the Company never actually takes physical possession of the customer’s credit card; the Customer acknowledges that, for this reason, the Company would normally have difficulty prevailing in credit card charge disputes with the Customer relative to a physically-based business. The Customer therefore foregoes his or her right to dispute the credit card charges he or she incurs with the Company.
MODIFICATION OF USER AGREEMENT
Infographicworld.com reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the site located at http://www.Infographicworld.com (or such other URL as Infographicworld.com may provide). You are responsible for regularly reviewing the Agreement and related documents. No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of Infographicworld.com or posted to the Infographicworld.com website by a duly authorized representative of Infographicworld.com.
MISCELLANEOUS; INTEGRATION; APPLICABLE LAW AND VENUE
Infographicworld.com shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. Among many other factors, our services depend heavily on privacy law in the United States, the various States and Territories, and other jurisdictions. The law can and will change in the future and such changes are outside the control of Infographicworld.com. We cannot predict the impact of future changes in the law. Some legal changes, including but not limited to legislation or judicial interpretation, may render it more difficult or impossible for us to perform the services offered.
This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
This Agreement shall be governed by and construed under the laws of the state of New York without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and New York law, rules, and regulations, New York law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in San Mateo County, New York. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights hereunder without Infographicworld.com’s prior written consent, and any such attempt is void.