Introduction

Your use of the IPdon website, including the webservice IPdon makes available through IPdon.com (the "sites”), and any other software or service offered by IPdon in connection with any of those (the “service”) is governed by these terms of service (the “Terms”), so please carefully read them before using the service. For the purposes of these Terms, “we,” “our,” “us,” refer to IPdon, the providers and operators of the Service.

In order to use the service, you must first agree to these Terms. If you are registering for or using the service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will also refer to that organization, wherever possible.

You must be over 13 years of age to use the service, and children under the age of 13 cannot use or register for the service. If you are over 13 years of age but are not yet of legal age to form a binding contract (in many jurisdictions, this age is 18), then you must get your parent or guardian to read these Terms and agree to them for you before you use the service. If you are a parent or guardian and you provide your consent to your child's registration with the service, you agree to be bound by these Terms with respect of your child’s use of the service.

You agree your purchase and/or use of the service are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by IPdon or any of its affiliates regarding future functionality or features.

BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE service OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICE, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE SERVICE.

IF YOU HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH IPdon FOR USE OF service, THE TERMS AND CONDITIONS OF SUCH OTHER AGREEMENT SHALL PREVAIL OVER ANY CONFLICTING TERMS OR CONDITIONS IN THESE TERMS.

CERTAIN FEATURES OF THE SERVICE OR SITES MAY BE SUBJECT TO ADDITIONAL GUIDELINES, TERMS, OR RULES, WHICH WILL BE POSTED ON THE SERVICE OR SITES IN CONNECTION WITH SUCH FEATURES. TO THE EXTENT SUCH TERMS, GUIDELINES, AND RULES CONFLICT WITH THESE TERMS, SUCH TERMS SHALL GOVERN SOLELY WITH RESPECT TO SUCH FEATURES. IN ALL OTHER SITUATIONS, THESE TERMS SHALL GOVERN.

Your Account

In the course of registering for or using the service, you may be required to provide IPdon with certain information, including your name, contact information, username and password (“Credentials”). IPdon handles such information with the utmost attention, care and security. Nonetheless, you, not IPdon, shall be responsible for maintaining and protecting your Credentials in connection with the service. If your contact information or other information relating to your account changes, you must notify IPdon promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify IPdon of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify IPdon immediately.

Content

A variety of information, messages, comments, posts, text, graphics, software, photographs, videos, data, reviews, recommendations, and other materials may be made available through the service by IPdon or its suppliers (“Content”). While IPdon strives to keep the Content that it provides through the service accurate, complete, and up-to-date, IPdon cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any Content. You acknowledge that by using the service, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will IPdon be liable in any way for any such Content. Furthermore, certain aspects of the service may function to alert users of potential suspicious activity and threats (“Alerts”). Such Alerts are opinions generated by the service. Accordingly, in no circumstances will IPdon be liable for defamation, libel, or any similar claim as a result of the Alerts or any components of the service used to generate Alerts.

You acknowledge that you may also be able to create, transmit, publish or display information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) through use of the service. All such information is referred to below as “User Content.” You agree that you are solely responsible for your User Content, and for the consequences of your actions (including any loss or damage which IPdon may suffer) in connection with such User Content. If you are registering for these service on behalf of an organization, you also agree that you are also responsible for the actions of associated Users and for any User Content that such associated Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the service. IPdon may refuse to store, provide, or otherwise maintain your User Content for any or no reason. IPdon may remove your User Content from the service at any time if you violate these Terms or if the service are canceled or suspended. If User Content is stored using the service with an expiration date, IPdon may also delete the User Content as of that date. User Content that is deleted may be irretrievable. You agree that IPdon has no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted through use of the service. IPdon reserves the right (but shall have no obligation) to monitor and remove User Content from the service, in its discretion. You agree to immediately take down any User Content that violates these Terms, including pursuant to a takedown request from IPdon. In the event that you elect not to comply with a request from IPdon to take down certain User Content, IPdon reserves the right to directly take down such User Content. By submitting, posting or otherwise uploading User Content on or through the service you give IPdon a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such User Content for the purpose of enabling IPdon to provide you with the service, and for the limited purposes stated in our Privacy Policy.

Notwithstanding anything to the contrary, you agree to give IPdon a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any queries that you submit through the service.

Proprietary Rights

You acknowledge and agree that IPdon (or IPdon’s licensors) own all legal right, title and interest in and to the service and the Content and that the service and the Content are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Except as provided in Section 3, IPdon acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any User Content that you create, upload, submit, post, transmit, share or display on, or through, the service, including any intellectual property rights which subsist in that User Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with IPdon, you agree that you are responsible for protecting and enforcing those rights and that IPdon has no obligation to do so on your behalf.

License from IPdon and Restrictions on Use

IPdon gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the service. When using a free version of the service, this license is strictly limited to your personal, non-commercial use, in the manner permitted by these Terms. When using a paid version for the service, this license is extended to include your commercial use, subject to these Terms.

You may not (and you may not permit anyone else to): (i) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by IPdon, in writing (e.g., through an open source software license); or (ii) attempt to disable or circumvent any security mechanisms used by the service or any applications running on the service.

You may not engage in any activity that interferes with or disrupts the service (or the servers and networks which are connected to the service).

You may not access the service in a manner intended to avoid incurring fees or exceeding usage limits or quotas.

You may not access the service for the purpose of bringing an intellectual property infringement claim against IPdon or for the purpose of creating a product or service competitive with the service. You may not use any robot, spider, site search/retrieval application or other manual or automatic program or device to retrieve, index, “scrape,” “data mine” or in any way gather Content from the service. You may not use the service to assemble email lists for the purposes of sending out mass emails or “spam.” You may not access the service for the purpose of collecting Content for sale or resale without the express written consent of IPdon.

You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the service in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or IPdon, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).

You may not use the service if you are a person barred from receiving the service under the laws of the United States or other countries, including the country in which you are resident or from which you use the service. You affirm that you are over the age of 13, as the service are not intended for children under 13.

Pricing Terms

Subject to the Terms, the service are provided to you without charge up to certain usage limits and functionalities, and usage in excess of these limits or outside of these functionalities will require purchase of additional resources and the payment of fees. Please see IPdon’s Pricing Terms at https://ipdon.com/pricing for details regarding pricing for the service.

Privacy Policies

These service are provided in accordance with our Privacy Policy, which can be found at https://ipdon.com/privacy. You agree to the use of your User Content and personal information in accordance with these Terms and IPdon’s Privacy Policy.

Notwithstanding anything to the contrary, if you are utilizing the service on behalf of an organization, you agree to permit IPdon to identify your organization as a customer and to use your organization’s name and/or logo in IPdon’s websites and marketing materials.

Modification and Termination of service

IPdon is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the service which IPdon provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the service will be effective with respect to all versions of the service; examples of changes to the form and nature of the service include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements. Any new features that may be added to the Sites or the service from time to time will be subject to these Terms, unless stated otherwise.

You may terminate these Terms at any time by canceling your account on the service. You will not receive any refunds if you cancel your account.

You agree that IPdon, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the service may be without prior notice, and you agree that IPdon will not be liable to you or any third party for such termination.

You are solely responsible for exporting your User Content from the service prior to termination of your account for any reason, provided that if we terminate your account, we will endeavor to provide you a reasonable opportunity to retrieve your User Content.

Upon any termination of the service or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Changes to the Terms

These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the Sites or use of the service. It is your responsibility to review these Terms for any changes. By continuing to access or use the service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the service. Please visit this page regularly to review these Terms for any changes.

DISCLAIMER OF WARRANTY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE service ARE AT YOUR SOLE RISK AND THAT THE service ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

IPdon, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE service, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IPdon, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE service WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE service WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) DATA AND INFORMATION PROVIDED THROUGH THE service WILL BE ACCURATE.

NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 11, SHALL EXCLUDE OR LIMIT IPdon’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

SUBJECT TO SECTION 10 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IPdon, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR service, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

THE LIMITATIONS ON IPdon’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT IPdon HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL IPdon’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE service IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

Indemnification

You agree to hold harmless and indemnify IPdon, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “IPdon and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the service, (c) your violation of applicable laws, rules or regulations in connection with the service, or (d) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

Third-Party Content

The service may include references or hyperlinks to other web sites or content or resources or email content. IPdon has no control over any web sites or resources which are provided by companies or persons other than IPdon.

You acknowledge and agree that IPdon is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

You acknowledge and agree that IPdon is not liable for any loss or damage which may be incurred by you or other users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Third Party Software

The service may incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.

Feedback

You may choose to or we may invite you to submit comments or ideas about the service, including without limitation about how to improve the service or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place IPdon under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.

Miscellaneous

These Terms, together with our Privacy Policy and Pricing Terms, constitutes the entire agreement between the parties relating to the service and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of IPdon to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by IPdon must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Los Angeles, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Except for claims for injunctive relief by either party, any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the service shall be finally settled by binding arbitration in Los Angeles County, California under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation service) by one (1) arbitrator appointed in accordance with such rules.

Contact Us

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the service, please contact us at: [email protected]

When submitting a complaint, please provide a brief description of nature of your complaint and the specific service to which your complaint relates.