Found it Digital
2. Online Services and Disclaimer of Warranty. The Found It web site provides online resources including, but not limited to, online information regarding Found It’s website services offered, downloadable demo programs, and online communities. Any new services, resources or informational content added to the web site shall fall under the terms of this TOS Agreement. The online resources, informational content, and software on this web site is provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. Found It assumes no responsibility for any data loss or other loss suffered by any User of this web site. User is fully responsible for maintaining its computer equipment and Internet access to use the Found It web site.
4. User account. Users will select a username and password upon completing the registration process. Users are fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify Found It at firstname.lastname@example.org should User know, or have reasonable grounds to suspect, that the username and password have been compromised. Found It shall not be responsible for User’s failure to abide by this Paragraph.
5. Informational content supplied by Users. User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the Found It web site, or privately transmitted through the Found It web site, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the Found It web site. Found It does not and cannot control the informational content Users transmit through the Found It web site. Under no circumstances shall Found It be held liable for User’s exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall Found It be held liable for any errors or omissions in any informational content transmitted by Users.
6. User conduct. User agrees to not use the Found It web site to:
(a) upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;
(b) harm legal minors;
(c) collect personal information on, “cyberstalk” or harass another User, or engage in conduct that negatively affects the online experience of another User;
(d) impersonate another User, person, or entity, including any official or employee of Found It;
(e) intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
(f) upload, post or transmit any software or files that contain software viruses or other harmful computer code;
(g) interfere with the operation of Found It’s web servers or other computers or Internet or network connections;
(h) upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
(i) upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail.”
Found It does not pre-screen uploaded, posted or transmitted content, but Found It reserves the right to inspect, edit and delete any content that Found Its knows, or has reason to know, has violated this TOS Agreement. Found It reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOS Agreement. Found It may disclose any informational content Users post, upload or transmit to the Found It web site, if such disclosure is necessary to enforce this TOS Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Found It, the public, or other Users.
7. Content submitted by Users. Found It does not claim ownership of any informational content submitted by Users to the Found It web site. User grants Found It a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the Found It web site. This license exists only so long as User allows its content to remain on the Found It web site and will terminate in the event that User removes such content.
8. Indemnity. You agree to indemnify and hold Found It, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. No resale. User agrees not to reproduce, copy, duplicate, or sell any portion of the Found It web site.
10. Limits and modifications. Found It reserves the right to modify any and all portions of the Found It web site without notice. Under no circumstances shall Found It be liable to User or any other party for such limits or modifications.
11. Termination of User account. Found It may, at its sole discretion, terminate the User’s account for any reason. Under no circumstances shall Found It be liable to User or any other party for such termination of User’s account.
12. Hyperlink policy. The Found It Digital site contains hyperlinks to other Internet sites not under the editorial control of Found It Digital. These hyperlinks are not express or implied endorsements or approvals by Found It Digital of any products, services or information available from these sites.
13. Found It’s intellectual property rights. User agrees not to distribute, license, or create derivative works from any of Found It’s copyrighted or trademarked material, including graphic files and software, available on the Found It web site.
14. No warranties. THE INFORMATION AND DOWNLOADABLE SOFTWARE PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.
15. Limitation of liability. FOUND IT DIGITAL.’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). FOUND IT DIGITAL. IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
16. Notice. Notices may be posted to the Found It web site or e-mailed to Users using the e-mail address Users submitted during the registration process.
17. General. This TOS Agreement constitutes the entire agreement between you and Found It and governs your use of the Found It web site. This TOS Agreement shall be governed by the laws of the State of Arizona. All disputes and claims arising in connection with this TOS Agreement shall be finally settled under the Rules of the American Arbitration Association, and such arbitration shall take place in the State of Arizona. Judgment may be entered in any court of competent jurisdiction on any arbitration award. Any claim arising under the terms of this TOS Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.