- this website and any related website operated by Infotanks, Inc. (the "Site");
- any products, services or applications offered by Infotanks, Inc. in connection with the Site (the "Products"); and
- any information, data or other materials contained in or accessible by means of the Site or the Products (the "Information").
By accessing or using any of the Services, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms.
Use of certain Products may be subject to additional terms and conditions, including payment of fees, which Infotanks, Inc. will post on the Site. When you register for or use such Products, such additional terms and conditions will apply and be deemed incorporated into these Terms.
Infotanks, Inc. grants you a non-exclusive, non-assignable, revocable license (the "License") to access and use the Services during the term hereof, subject to all of the terms and conditions hereof, including your satisfaction of all registration, payment and/or other requirements to the extent applicable to particular Products, as described on the Site.
- In using the Services, you shall not:
- violate any applicable international, federal or state laws, regulations or rules or any securities exchange requirements (collectively, "Laws"), including by using any Information in a manner that violates the U.S. CAN-SPAM Act of 2003, as such statute may be amended from time to time;
- Make any Information available to Infotanks, Inc. if doing so would violate any applicable Laws, industry or professional codes or standards, contractual or fiduciary obligations, confidentiality obligations, or employer policies or other requirements to which you are bound;
- Transmit any information, data, images, or other materials that are unlawful, harmful, threatening, harassing, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another's right of privacy or infringe any intellectual property right, including patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Violate or attempt to violate the security of any of the Services, including: logging in to a server or account that you are not authorized to access; attempting to test, scan, probe or hack the vulnerability of the Site or any network used by the Site or to breach security, encryption or other authentication measures; or attempting to interfere with the Site by overloading, flooding, pinging, mail bombing or crashing it;
- Reverse engineer, decompile or disassemble any portion of the Services; or
- "Scrape" information from the Services, or use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search any portion of the Site, other than the search engine and search agents available from Infotanks, Inc. on the Site and generally available to third party web browsers (e.g., Mozilla Firefox, Google Chrome and Microsoft Internet Explorer).
- You shall:
- provide true, accurate, current and complete information about yourself if prompted by the registration form; and
- maintain and update this information to keep it true, accurate, current, and complete.
You are solely responsible for the content of any submission you make to the Site. Infotanks, Inc. reserves the right, but does not assume any obligation, to delete messages or other content that Infotanks, Inc., in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
- Infotanks, Inc. does not want to receive confidential or proprietary information from you through the Site. Any information or material sent to Infotanks, Inc. will be deemed NOT to be confidential. By sending Infotanks, Inc. any information or other material, you grant Infotanks, Inc. a non-exclusive, unrestricted, irrevocable, perpetual, royalty-free, worldwide, assignable, transferrable, sublicenseable, right and license, in all formats or media, whether now known or hereafter devised or discovered, to use, reproduce, display, transmit, translate, rent, sell, modify, disclose, publish, create derivative works from and distribute that material or information, and you also agree that Infotanks, Inc. is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. You further agree to indemnify, defend and hold Infotanks, Inc. harmless from any liability arising due to the use or distribution of any such material or information.
- Infotanks, Inc. and/or its licensors own the Services, including all software and other technology provided or employed by Infotanks, Inc. in connection with the Services, and the contents, design, layout, functions, appearance and other intellectual property comprising the Services, including all copyrights, trademarks, service marks, trade secrets, patents and other intellectual property rights inherent therein or appurtenant thereto. Without limitation of the foregoing, as between Infotanks, Inc. and you, Infotanks, Inc. shall retain all right, title and interest in and to the compiled biographical and company data and all other materials accessible by means of the Services, including news articles, company summaries, company descriptions, people summaries and contact information, and the selection, coordination and arrangement of such content, and you shall not acquire ownership in any of the Information by reason of the License. You shall abide by all additional copyright notices or restrictions contained in any content accessed through the Site.
- By furnishing Information, Infotanks, Inc. does not grant any licenses to any copyrights, patents, trademarks, trade secrets or other intellectual property rights other than the limited rights to use the Services, as set forth herein. All rights not expressly granted herein under the License are reserved by Infotanks, Inc.
PROVISION OF SERVICES
- Infotanks, Inc. may make improvements or changes in the Services at any time without notice.
- Infotanks, Inc. shall not be responsible for any failure to remove, or delay in removing, harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties except to the extent provided by law.
- Infotanks, Inc. will use reasonable commercial efforts to protect the integrity of data collected by you and stored with the Site. However, Infotanks, Inc. shall not be liable for any loss or damage resulting from total or partial loss of your data or from any corruption of your data. Data can get lost or become corrupt as a result of a number of causes, including hardware failures, software failures or bugs, or communications failures. Infotanks, Inc. recommends that you periodically back up your information and web summaries onto media not associated with Infotanks, Inc., including printing a hard copy.
- Infotanks, Inc. will use reasonable commercial efforts to provide the Services on a 24/7 basis but it shall not be responsible for any disruption, regardless of length.
The term hereof will commence when you first access the Services and continue in effect until terminated by either party, provided that your License with respect to particular Products may sooner expire as provided herein. Infotanks, Inc. may, in its sole discretion, terminate or suspend your access to all or part of the Services for any or no reason and with no prior notice to you; provided, however, if Infotanks, Inc. terminates for a reason other than your misconduct or breach of these Terms, and you have prepaid for Services, Infotanks, Inc. will recompense you on a pro rata basis for such pre-paid amounts. You may terminate these Terms at any time by discontinuing use of the Services. Upon termination of these Terms for any reason, the License will likewise terminate and you shall immediately cease using the Services, including the Information. The provisions of Sections 7 and 11-15 hereof shall survive the expiration or termination of these Terms.
The Site contains links to websites that Infotanks, Inc. does not operate. Infotanks, Inc. is not responsible for the content of these websites, and you should direct any concerns regarding these websites to their respective site administrators or webmasters.
REPRESENTATIONS AND WARRANTIES; INDEMNITY
You represent, warrant and covenant
- that no Materials of any kind submitted through your account will and
- violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or
- contain libelous or otherwise unlawful material;
- that you are at least eighteen (18) years old. You hereby indemnify, defend and hold harmless Infotanks, Inc. and its successors or assigns, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees of the foregoing (collectively, the "Indemnified Parties") from and against any and all liability and costs, including reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Infotanks, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
- YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION OF THE FOREGOING, INFOTANKS, INC. EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE. INFOTANKS, INC. DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICES.
- IN NO EVENT SHALL INFOTANKS, INC. BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SERVICES. INFOTANKS, INC.'S LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE SERVICES FOR THE THEN-CURRENT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, INFOTANKS, INC.'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.
CHANGES TO THE TERMS
Infotanks, Inc. may modify these Terms at any time by posting changes on the Site; however, (i) such changes will only become effective and binding after Infotanks, Inc. provides notice on the Site or by email that these Terms have changed, and you first use the Services following the date of such posting, (ii) the changes will only apply with respect to your use of the Services after such changes become effective, and (iii) any imposition or change of fee obligations will only apply if and when you expressly agree. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Services.
- Relationship. No joint venture, partnership, employment or agency relationship exists between you and Infotanks, Inc. as a result of these Terms and/or your use of the Services.
- Authority. The person accepting these Terms on behalf of each party represents and warrants that he or she has been duly authorized by that party to accept the Agreement and thereby bind it to these terms. The parties agree that these Terms shall be effective as of the date accepted by you.
- Entire Agreement. These Terms represent the entire binding agreement between you and Infotanks, Inc. with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding Services. If you use particular Services, you and Infotanks, Inc. shall be subject to any additional posted terms, guidelines or rules applicable to such Services. A printed version of these Terms and of any notice given shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Assignment and Waiver. Infotanks, Inc. may assign these Terms at its discretion. You may not assign, sublicense or transfer these Terms or the License in whole or in part to anyone else. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.
- Jurisdiction. These Terms shall be governed by the laws of the United States of America and the Commonwealth of Massachusetts, without regard to conflict of laws rules, and you hereby give your consent to have any action or dispute between you and Infotanks, Inc. resolved exclusively within the jurisdiction of the state or federal courts located in the Commonwealth of Massachusetts.
- Equitable Relief. In addition to money damages, Infotanks, Inc. shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms.
- Severability. These Terms are severable and may be construed to the extent of their enforceability in light of the parties' mutual intent.
- Legal Expenses. The prevailing party in any legal action brought by one party against the other that arises out of these Terms shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its legal expenses, including court costs and reasonable attorneys' fees.
- Construction. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to "including" and variations thereof shall be deemed to mean, "including, but not limited to."
- Notices. Notices required or permitted hereunder that are intended for you personally and not all users of the Services shall be sent to you at the most recent email address on file with Infotanks, Inc. Notices to Infotanks, Inc. shall be sent by email to [email protected]