Last updated March 25, 2020
Additional policies, terms, and conditions applicable to certain Services, specific areas of the Site, or to particular content or transactions, may also be posted in particular areas of the Site and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional polices, terms, and conditions applicable to that area of the applicable Site will be controlling with respect to that particular area.
- CHANGES TO TERMS
We may revise and update these Terms from time to time in our sole discretion. The date these Terms were last updated is set forth at the top of this page. All changes are effective immediately and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
- SCOPE OF AND RESTRICTIONS ON USE
Subject to these Terms, IRIS grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Site (collectively, the "Content").
You agree not to:
The Site and the Content are owned by IRIS and its licensors, and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, trade names, service marks, and logos displayed on the Site are registered and unregistered marks of IRIS and its licensors. You acknowledge and agree that, as between you and IRIS, IRIS is and shall remain the sole owner of the Site and the Content (except User Content (as defined in Section 7 below)), including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
- ACCOUNT REGISTRATION AND SECURITY
Access to and use of the Site and/or Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify IRIS of any unauthorized use of your account, or any other breach of security. IRIS is not liable for any loss or damage arising from your failure to protect your username or password.
6. THIRD-PARTY MATERIALS, GOODS AND SERVICES
The Site may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, "Third Party Materials"). You acknowledge and agree that IRIS is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. IRIS does not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions.
You agree to indemnify, defend, and hold IRIS and its affiliates, licensors, partners, and service providers, and the officers, directors, employees, agents, and representatives of each of them (collectively, the "IRIS Entities") harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from your use of the Site and/or any Content, or any violation of these Terms or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. You agree not to settle any such matter without the prior written consent of IRIS.
THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND IRIS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE IRIS ENTITIES DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY CONTENT, NOR DO THE IRIS ENTITIES REPRESENT OR WARRANT THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ACCORDINGLY, THE IRIS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR OTHER INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IS TO TERMINATE YOUR ACCOUNT (IF ANY) AND TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SITE.
THE IRIS ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE IRIS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY, OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE.
9. LIMITATION OF LIABILITY
Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in Section 10 and this Section 11 may not apply to you.
10. REPORTING INTELLECTUAL PROPERTY INFRINGEMENT
IRIS takes claims of intellectual property infringement seriously. It is IRIS' policy to disable and/or terminate the accounts of users who are repeat infringers. However, IRIS reserves the right to terminate user accounts based on even a single case of infringement.
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on the Site infringes your copyright, you may request removal of such Content (or access thereto) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), your written notice of alleged copyright infringement must include substantially the following:
your physical or electronic signature;
identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works; identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content; adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address); a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; a statement that the information in your written notice is accurate; and a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
IRIS' designated agent to receive DMCA notices is: IRIS. Attn: Compliance 4701 S. Santa Fe Ave, Vernon, CA 90058. Email: email@example.com. *NOTE: This contact information is for inquiries regarding potential copyright infringement only.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that Content on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Using a trademark that is similar to a third party's mark in a way that causes confusion by falsely implying (i) an affiliation or association with the third party or (ii) the third party has sponsored or approved the trademark user's goods or services may be considered trademark infringement. Any action that may be deemed trademark infringement is a violation of IRIS' trademark policy.
11. RESERVATION OF RIGHTS
IRIS reserves all of IRIS' rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that IRIS may have in and to the Site, the Content, and goods and Services that may be provided on or through the Site. Other than as set forth in these Terms, the use of IRIS' rights and property requires IRIS' prior written consent. By making services available to you, IRIS is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Site or Services without IRIS' prior written consent.
12. CHANGES; SUSPENSION AND TERMINATION
Changes to the Site. IRIS reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site or any portion thereof (including any Services or Content) at any time. You agree that IRIS will not be liable to you or to any third party for any such change, suspension, or discontinuance.
Suspension/Termination of Access. IRIS has the right to deny access to, and to suspend or terminate your access to, the Site or the Services, or to any features or portions thereof, at any time and for any reason, including if you violate these Terms.
Applicable Law, Jurisdiction and Venue. You agree that these Terms and any dispute arising out of your use of the Site, Content, Services, or products purchased through the Site or Services shall be governed by and construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms, the Site, Services or Content shall be instituted exclusively in the federal or state courts located in Los Angeles, CA. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Geographic Restrictions. IRIS is based in the State of California in the United States. IRIS make no claims that the Site, Services or Content are accessible or appropriate outside of the United States. Access to and use of the Site or Services 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.
Questions. If you have any questions about the Site, Services or these Terms, please contact us at firstname.lastname@example.org.