Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the IN mobile application (the “Service”) operated by IN (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Welcome to IN, the web and mobile services of IN SAL. These Terms of Service (“Terms”) govern your access to and use of our web and mobile Apps (the “App”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the App (collectively referred to as “Content”). Your access to and use of the App is conditioned on your acceptance of and compliance with these Terms. By accessing or using the App you agree to be bound by these Terms. IN reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the terms, IN will notify you by posting an announcement on the App or by e-mail. What constitutes a material change will be determined at IN’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the Terms shall constitute your acceptance of the Terms as modified.
IN is a social activity application, allowing user to schedule activities; invite friends to join; document their activities; share photos and videos of the activities; participate in contests and promotions; and access and/or purchase services from time to time made available on the App (“Services”). Services include, but are not limited to, any service and/or content IN makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the App or through the Services. Content (“Content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, videos, images, illustrations, and software. Your access to and use of the App may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the App or any other reason within or outside the control of IN. IN reserves the right to suspend or discontinue the availability of the App and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. IN may also impose limits on certain features and Services or restrict your access to parts of or all of the App and the Services without notice or liability. The App should not be used or relied upon for storage of your games, schedule, stats photographs and videos and you are directed to retain your own copies of all content posted on the App.
As a condition to using the Services, you are required to open an account with IN and select a password and username, and to provide registration information. The option to login using Facebook is also available, all relevant information will be used to build your profile. Logging in using Facebook only allows IN access to the information Facebook & the user permits as per Facebook’s terms. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your IN account. You may not use a username containing the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your IN account. Services are available only to individuals who are at least 15 years old, and who are authorized to access the App. If you have authorized a minor to use the App, you are responsible for the online conduct of such minor, and the consequences of any misuse of the App by the minor. Parents and legal guardians are warned that the App does display photographs and images that may be offensive to some. The Services are for use by individuals who are recreational athletes and fitness enthusiasts. If you do not qualify for registration you are not permitted to open an account or use the Services.
All Content posted or otherwise submitted to the App is the sole responsibility of the account holder from which such Content originated and you acknowledge and agree that you, and not IN are entirely responsible for all Content that you post, or otherwise submit to the App. IN does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the App you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by IN. By way of example, and not as a limitation, you agree not to use the Services:
The App may include advertisements from time to time, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change, at IN’ sole discretion. In consideration for IN granting you access to and use of the Services, you agree that IN and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
IN reserves the right to utilize third party affiliate networks, affiliate programs and affiliate tools as part of our business. Use of these networks, programs and tools may result in commissions paid to us by merchants, vendors or other businesses in connection with certain commercial transactions that arise in connection with (i) your Content or (ii) through the use by you of the Services
Please read this section carefully before posting, uploading, or otherwise submitting any Content to the App. By submitting content to the App you are granting IN a worldwide, non- exclusive license to use the content and are representing and warranting to IN that the content is owned or duly licensed by you, and that IN is free to publish, distribute and use the content as hereinafter provided for without obtaining permission or license from any third party.
In consideration of IN’ agreement to allow you to post Content to the App and IN’ agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with IN as follows:
You acknowledge that:
By posting games, location, data, commentary, stats, results, photos, and videos you retain full rights to those works that you had prior to uploading.
By posting Content to the App you hereby grant to IN a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the App and will automatically terminate upon the removal of the Content from the App;
The license granted to IN includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, Applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as Appropriate, all as submitted to IN by you;
IN uses industry recognized software and measures to restrict the ability of users and visitors to the App to make copies of Content posted on the App. Notwithstanding this, IN makes no representation and warranty that Content posted on the App will not be unlawfully copied without your consent; and
Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
You represent and warrant that:
You are the owner of all rights, including all copyrights in and to all Content you submit to the App;
You have the full and complete right to enter into this agreement and to grant to IN the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by IN of the Content as contemplated herein; and
The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against IN, all of which such rights are hereby expressly and irrevocably waived by you in favor of IN.
IN respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the App infringes the copyright or other intellectual property infringement (“Infringement”) of any person. IN will use reasonable efforts to investigate notices of alleged Infringement and will take Appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the App. To notify IN of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of info@INAPP.com and include in your notice a detailed description of the alleged Infringement sufficient to enable IN to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright. If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide IN with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at info@INAPP.com. You must include in your counter notice sufficient information to enable IN to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your Content is not infringing the copyrights of others. If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
The Services may provide, or third parties may provide, links to other World Wide Web Apps or resources. Because IN has no control over such Apps and resources, you acknowledge and agree that IN is not responsible for the availability of such external Apps or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Apps or resources. You further acknowledge and agree that IN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such App or resource.
You hereby expressly and irrevocably release and forever discharge IN, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the App and the Services.
You hereby agree to indemnify and hold harmless IN, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the App, (iii) the use of the Services, by you or any person using your account or IN Username and password, or any violation of any rights of a third party.
In no event shall IN be liable under contract, tort, strict liability, negligence or other legal theory with respect to the App, the Services or any Content (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services (however arising), or (iii) for any direct damages.
IN, IN.com and other IN graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of IN. IN’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of IN.
IN may terminate or suspend any and all Services and/or your IN account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your IN account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account IN will automatically remove all Content posted to your account.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind IN in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. IN shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond IN’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. IN may transfer, assign or delegate the Terms and its rights and obligations without consent. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.