Ivytalk Terms and Conditions
Ivy Corp. ("Ivycorp") provides products and services subject to the following terms and conditions (the "Terms"). By using any of Ivycorp's messaging and communications products or services including Ivytalkë (the "Products and Services"), you agree to abide by and be legally bound by these Terms. These Terms may be revised periodically by Ivycorp with changes effective immediately and your use of the Services after any changes to these Terms will constitute acceptance of such change.
Eligibility and Use
You affirm that you are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms, and that you are at least 13 years old. Products and Services provided by Ivycorp are intended only for users who are at least 13 years old, and use of these Products and Services by anyone younger than 13 is prohibited. You agree to use Ivycorp Products and Services only for purposes permitted by these Terms and by applicable laws, regulations and generally accepted practices and guidelines.
Ivycorp may prohibit you from using or accessing the Products and Services (or any portion, aspect or feature) without liability, for any reason or no reason, at any time, in our sole discretion, and with or without notice.
License, Access and Changes
Ivycorp grants you a limited non-exclusive, revocable, non-transferrable license to access and make use of Ivycorp Products and Services solely in accordance with these Terms. This license does not include, and does not permit, any resale, commercial use, or derivative use of Ivycorp Products or Services or any content, any downloading or copying of information for the benefit of another business, or any use of data mining, robots, or similar data gathering and extraction tools.
Ivycorp grants you a limited, revocable, non-transferable, and nonexclusive right to create a hyperlink to the home page of Ivycorp Products and Services, so long as the link does not portray Ivycorp or the Ivycorp Products or Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Ivycorp or Ivytalkë logo or other proprietary graphic or trademark as part of the link without our express written permission.
You may not frame or utilize framing techniques to enclose any Ivycorp trademark, logo, or other proprietary information (including images, text, page layout, or form), or use any meta tags or any other "hidden text " using Ivycorp or Ivytalkë names or trademarks.
We reserve the right to modify or terminate your use of the Ivycorp Products and Services for any reason, and without notice, without liability to you or any third party. Any unauthorized use of the Ivycorp Products and Services or breach of these Terms will terminate your license and access to Products and Services.
Your use of the Ivycorp Products and Services grants you no license or right to reproduce or otherwise use the Ivycorp trademarks or any third party trademarks.
Copyrights, Trademarks and Patents
All content included in Products and Services (such as text, graphics, logos, button icons, images, data compilations, and software), the compilation of such content, and all software used in the provision of Ivycorp Products and Services is the property of Ivycorp or, as applicable, its content or software suppliers. All such items are protected by United States and international copyright and other intellectual property laws.
Ivytalkë and other Ivycorp graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Ivycorp in the U.S. and/or other countries. Ivycorp's trademarks and trade dress may not be used in connection with any Product or Service that is not Ivycorp's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ivycorp. All trademarks that are not owned by Ivycorp and that appear in Ivycorp's Products and Services are the property of their respective owners.
Users may submit data and other content for use in Ivycorp's Products and Services ("Content"), so long as you comply with all applicable laws and regulations and the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or injurious to third parties. Users may not submit Content that consists of or includes software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam, or any other harmful or destructive Content.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Content you submit. Ivycorp takes no responsibility and assumes no liability for any Content submitted by you or any third party. You grant Ivycorp a world-wide, royalty free, and non-exclusive license to reproduce, modify, adapt, and publish the Content in connection with the Ivycorp Products and Services. Any Content and/or links included in Content do not represent the opinions of Ivycorp.
Ivycorp reserves the right to terminate your use of the Products and Services if you infringe third-party copyright rights upon prompt notification to Ivycorp by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted or included in Content via the Products and Services in a way that constitutes copyright infringement, you shall provide Ivycorp with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for Ivycorp's Copyright Agent for notice of claims of copyright infringement is as follows:
Portions of the Products and Services involve facilitating communication between Ivycorp users' mobile communication devices. In all cases, your carrier's standard/other charges may apply. In addition, downloading, installing, or using certain Products and Services may be prohibited or restricted by your carrier, and not all Products and Services may work with all carriers or devices.
By using the Products and Services that involve mobile communication, you agree that we may communicate with you regarding Ivycorp and other entities by SMS, MMS, text message or other electronic means to your mobile device.
You can opt-out of Ivycorp text and/or email message services at any time by sending a text message with the word "STOP" to any message received from Ivycorp. You may get help with Ivycorp text messages or Ivycorp Products and Services by sending a text message or email with the word "HELP" in response to any message received from Ivycorp.
IVYCORP PROVIDES PRODUCTS AND SERVICES (AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SOFTWARE INCLUDED IN OR OTHERWISE MADE AVAILABLE IN CONNECTION WITH PRODUCTS AND SERVICES) ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
IVYCORP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF PRODUCTS AND SERVICES OR TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SOFTWARE INCLUDED IN OR OTHERWISE MADE AVAILABLE IN CONNECTION WITH PRODUCTS AND SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IVYCORP DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IVYCORP DOES NOT WARRANT THAT PRODUCTS AND SERVICES (OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SOFTWARE INCLUDED IN OR OTHERWISE MADE AVAILABLE IN CONNECTION WITH PRODUCTS AND SERVICES), IVYCORP'S SERVERS, OR E-MAIL OR MESSAGES SENT FROM IVYCORP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF PRODUCTS AND SERVICES AND ALL SUCH ITEMS IS AT YOUR SOLE RISK.
Limitation of Liability
IVYCORP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF PRODUCTS AND SERVICES OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SOFTWARE INCLUDED IN OR OTHERWISE MADE AVAILABLE IN CONNECTION WITH PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold harmless Ivycorp and its officers, agents, and other partners and employees from any loss, liability, claim, or demand (including reasonable attorney's fees) made by any third party due to or arising out of your use of Products and Services, your conduct relating to the Products and Services or your breach of any of these Terms.
Any dispute relating in any way to your use of the Products and Services will be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate Ivycorp's intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Washington. You consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
These Terms constitute the entire legal agreement between you and Ivycorp governing your use of Ivycorp Products and Services, and completely replace any prior agreements between you and Ivycorp relating to such use. The laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms and any dispute that may arise between you and Ivycorp. Ivycorp may communicate with you by e-mail, by posting notices within or through Products and Services, or by sending messages to your mobile device. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing. Ivycorp's failure to exercise or to enforce any legal right or remedy contained in these Terms (or to which Ivycorp is entitled under applicable law) will not constitute a waiver of its right to subsequently exercise or enforce such rights or remedies. If a court having jurisdiction holds that any provision of these Terms is invalid, such invalidity will not affect the remaining provisions. You may not assign or transfer these Terms, or any of your rights and licenses granted hereunder, to any third party. Ivycorp may assign these Terms (including any or all of its rights and remedies provided by these Terms) without restrictions.
Ivytalk Terms and Conditions last updated: September 6, 2011