Inspo Network, Inc. Terms of Service Agreement
Last Updated April 19, 2019
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND INSPO WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
- We agree to provide you with the Service. The Service includes all of the Inspo online products and services, features, mobile applications, technologies and software to help turn what you love into how you live.
- Our mobile application (the “App”), Services and the information and content available in the App and Services are collectively, the “Inspo Properties.”
Use of Our Services
- Eligibility. You represent that you are able to form a legally binding contract with us, including these Terms and applicable laws. Any use or access by anyone under the age of thirteen (13) is prohibited.
- Inspo accounts. An account is not required to access Inspo. If you would like to save Inspo content, post content, or access certain features of the Service, you must create an account (“Account”) with current, accurate and complete information. You many not impersonate, imitate or pretend to be someone else when registering for the Service. By connecting us with other third-party services, such as Google, you give us permission to access and use your information from that service as permitted by that service, and to store your credentials for that service.
- Your responsibility for your Account. You are responsible for the activity that occurs on or through your Account, and you must keep your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. We will not be liable for your losses caused by any unauthorized use of your Account, and you shall be solely liable for our losses and of others due to such unauthorized use. You may control your user profile and other Account settings on your profile page.
Acceptable Use of the Inspo Service and Certain
You hereby agree not to use the Service for
any purpose that is unlawful or prohibited
by these Terms or applicable law, or any
other purpose not reasonably intended by us.
By way of example, and not as a limitation,
you agree not to use the Service:
- To abuse, harass, threaten, impersonate, or intimidate other Users;
- To contribute any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, or offensive; that you know to be false, misleading, or untrue; or that otherwise violates any law or right of any third party;
- For any illegal or unauthorized purpose. If you are an international User, you agree to comply with all local laws in your use of the Service;
- To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any User;
- To create or submit unwanted email or text messages to any other User or third parties;
- To violate any laws in your jurisdiction (including but not limited to copyright laws).
The rights granted to you in the Terms are
subject to the following restrictions:
- you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Inspo Properties or any portion of Inspo Properties, including the App (except if, and to the extent that, Inspo Properties expressly grants such rights to you in a separate agreement),
- you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Inspo Properties (including images, text, page layout or form) of Inspo;
- you shall not use any metatags or other “hidden text” using Inspo’s name or trademarks;
- you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Inspo Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law;
- you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the platform and App (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the App for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
- you shall not access Inspo Properties in order to build a similar or competitive website, App or service;
- except as expressly stated herein, no part of Inspo Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and
- you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Inspo Properties. Any future release, update or other addition to Inspo Properties shall be subject to the Terms.
- You hereby agree not to use the Service for any purpose that is unlawful or prohibited by these Terms or applicable law, or any other purpose not reasonably intended by us. By way of example, and not as a limitation, you agree not to use the Service:
Sharing your content – For Creators Only
- Your content defined. Inspo allows your content to be posted on the Service, including blog posts, videos, photos, comments, and other materials. Any content a User submits, displays, or otherwise makes available on the Service is referred to as “User Content.”
- How we and other users can use your content. You grant us a non-exclusive, fully paid, perpetual, irrevocable, royalty-free, transferable, fully sublicensable right (including any moral rights), worldwide license to use, license, store, publicly display, reproduce, save, modify, create derivative works, adapt, publicly perform, and distribute your User Content on Inspo solely for the purposes of operating, developing, providing, and using the Inspo Properties. Nothing in these Terms restricts other legal rights we may have to content, for example under other licenses.
- Your responsibility for your content. Inspo does not claim any ownership in your User Content. However, when you as a user post or publish your User Content on Inspo Properties, you represent and warrant that you own all rights and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display to your User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your User Content. You also represent and warrant that any content posted by you does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (defined below) or rights of publicity or privacy. We reserve the right to reject and/or remove any of your User Content that we believe, in our sole discretion, violates these provisions. We take no responsibility and assumes no liability for any User Content that you or any other Users post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. We are not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that we shall not be liable for any damages you allege to incur as a result of such User Content.
- Definition of Intellectual Property Rights. Intellectual Property Rights means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- Our content defined. Except for User Content, the Inspo Properties and all Intellectual Property Rights therein and related thereto, are the exclusive property of us (“Inspo Content”). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license to the Inspo Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Inspo Content, including without limitation any materials or content accessible on the Service. “Inspo Network” and other Inspo Network graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of Inspo Network protected by the laws of the United States and/or other countries or jurisdictions. Inspo Network’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Use of the Inspo Content or materials on the Service for any purpose not expressly permitted by these Terms is strictly prohibited.
- No Endorsement. We do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted, uploaded, transmitted, sent or otherwise made available on or through the Service. Any User Content posted, uploaded, transmitted, sent or otherwise made available on or through the Service, including advice and opinions, are the views and responsibility of those who post the User Content and do not necessarily represent our views or the views of our licensors, vendors, and/or service providers. You agree that we and our licensors, vendors, and/or service providers are not responsible, and shall have no liability to you, with respect to any User Content posted, uploaded, transmitted, sent or otherwise made available on the Service, including User Content that violates the Terms.
- No Individual Advice. While the Service may include general User Content relating to a range of topics, including medical, health, legal, tax, or financial issues, you should not rely on the Service for individual advice on such issues. Instead, we recommend that you talk in person with a qualified professional. You alone will bear the sole responsibility for evaluating the merits and/or risks associated with use of User Content obtained on or through this Service before making any decisions based on such User Content.
- Feedback you provide. We value input from our Users and are always interested in learning of ways we can make the Service better. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related Feedback previously known to us, or developed by our employees, or obtained from sources other than you.
- Monitoring User Content. We strive to provide an enjoyable experience for our Users, so we may monitor activity on the Service to foster compliance with the Terms. You hereby specifically agree to such monitoring. Nevertheless, we do not make any representations, warranties, covenants or guarantees that: (1) the Service, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Terms. We generally do not pre-screen User Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service by Users, so you may be exposed to User Content that is opinionated, offensive, and/or inappropriate, including User Content that violates the Terms.
Interactions with Other Users. You are solely responsible for your interactions with other users and any other parties with whom you interact; provided, however, that Inspo reserves the right, but has no obligation, to intercede in such disputes. You agree that Inspo will not be responsible for any liability incurred as the result of such interactions.
Inspo Copyright Policy
- We require that Users of the Service respect the copyright and other intellectual property rights of all third parties. In accordance with the Digital Millennium Copyright Act, we will terminate, where warranted as determined at our sole discretion, Users whom we believe are intentional and/or repeat infringers.
- If you believe that your copyright in any material has been infringed on the App and/or Service, you must provide us with a written Notice of Infringement to our Copyright Agent that includes (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) your name, residence address, username, and email address or phone number you use for your Account, (c) a description and identification of the copyrighted work that you claim has been infringed, (d) identification and detailed description of the material that you claim is infringing and the location on the Inspo Properties, (e) a statement declaring that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (f) a statement made under penalty of perjury that the above information in your notice is accurate and that you are the owner of the copyright interest allegedly infringed or you are authorized to act on behalf of that owner. Any Notice of Dispute you send to us should be mailed to Inspo Network, Inc. Attention: Copyright Infringement, 109 West Denny Way, Suite M310, Seattle, WA 98119.
You agree to defend, indemnify and hold harmless Inspo, its parents, subsidiaries, agents, affiliates, customers, vendors, officers and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys’ fees and cost) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your Account.
THE SERVICE, INCLUDING ALL CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE CONTENT ON THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, INCLUDING USER CONTENT, THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Third-party links, sites, and services
Merchandise, Products and/or Services
Available on or through the Service.
The Service may contain links to other
websites, advertisers, services, special
offers, or other events or activities that
are not owned or controlled by us. When you
click on a link to a third-party website
link or third-party application, we may not
warn you that you have left Inspo Properties
and are subject to the terms and conditions
(including privacy policies) of another
website or destination. Inspo is not
responsible for any third-party websites or
third-party applications. Inspo provides
these third-party websites or third-party
applications only as a convenience and does
not review, approve, monitor, endorse,
warrant, or make any representations with
respect to third-party websites or
third-party applications, or any products or
services provided in connection therewith.
We don’t endorse or assume any
responsibility for any such third-party
sites, information, materials, products, or
services. If you access any third-party
website, service, or content from the Inspo
Properties, you do so at your own risk and
you agree that we have no liability arising
from your use of or access to any
third-party website, service, or content.
When you leave the Inspo platform, the Terms
and policies no longer govern. You should
review applicable terms and policies,
including privacy and data gathering
practices, of any third-party websites or
third-party applications, and make whatever
investigation you feel necessary or
appropriate before proceeding with any
transaction with any third party.
- We receive compensation. We may receive a commission, fee, and/or other compensation on some purchases made on, through, or linked from the Service.
- Product Orders, Prices, Quantities. Images available of products or merchandise may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of such products. Nothing on the App or Service constitutes a binding offer to sell, rent, auction, distribute or give away any products.
- Merchandise, Products and/or Services Available on or through the Service. The Service may contain links to other websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. When you click on a link to a third-party website link or third-party application, we may not warn you that you have left Inspo Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Inspo is not responsible for any third-party websites or third-party applications. Inspo provides these third-party websites or third-party applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party websites or third-party applications, or any products or services provided in connection therewith. We don’t endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from the Inspo Properties, you do so at your own risk and you agree that we have no liability arising from your use of or access to any third-party website, service, or content. When you leave the Inspo platform, the Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third-party websites or third-party applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Limitation of Liability
WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THE TERMS, THE SERVICE, YOUR ABILITY OR INABILITY TO ACCESS, VISIT AND/OR USE THE SERVICE, INCLUDING DAMAGE TO YOUR DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE SERVICE OR ANY OF THE PRODUCTS AVAILABLE ON OR THROUGH THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE ONE MONTH PERIOD IN WHICH THE CLAIM AROSE. UNDER NO CIRCUMSTANCES WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Termination of Your Account and the Service
We may terminate or suspend the Service in whole or in part and/or your Account immediately, without prior notice or liability, for any reason or for no reason, including without limitation, if you breach any of the terms or conditions of these Terms. Upon termination of your Account, your right to use the Service will immediately cease.
If you wish to terminate your Account, you may discontinue using the Service by sending an email message to firstname.lastname@example.org with the words “Terminate Account” in the subject field, or by sending mail to Inspo Network, Inc. Attention: Support, 109 West Denny Way, Suite M310, Seattle, WA 98119.
All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Governing Law; Arbitration, Class Action Waiver
- Governing Law. The laws of the State of Washington, to the extent not preempted by or inconsistent with federal law, will govern the Terms and any claim, without regard to conflict of law provisions.
- Arbitration. Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms (“Claim(s)”) must be resolved by arbitration on an individual basis. You or we may bring a Claim only on our own behalf and cannot seek relief that would affect other users. If there is a final judicial determination that any particular Claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that Claim (or only that request for relief) may be brought in court. All other Claims (or requests for relief) remain subject to this provision. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
- Class Action Waiver. We and you agree that we and you will resolve any disputes, Claims, or controversies on an individual basis, and that any Claims brought under these Terms in connection with the Service will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. We and you further agree that we and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms in connection with the Service.
The following Claims don’t have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks) or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act.
You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send us via mail your name, address, username, email address or phone number you use for your Account, and a clear statement that you want to opt out of this arbitration agreement to Inspo Network, Inc. Attention: Arbitration, 109 West Denny Way, Suite M310, Seattle, WA 98119.
Before you commence arbitration of a Claim, you must provide us with a written Notice of Dispute that includes your name, address, username, email address or phone number you use for your Account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Inspo Network, Inc. Attention: Arbitration, 109 West Denny Way, Suite M310, Seattle, WA 98119. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Inspo Account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $25,000 and you timely provided us with a Notice of Dispute. For all other Claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper Claims.
For any Claim that is not arbitrated, you agree that it will be resolved exclusively in the U.S. District Court for the Western District of Washington or a state court located in King County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such Claim.
If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Seattle, Washington.
- No Agency; Waiver. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind us 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.
- Notification. We may provide notifications, whether such notifications are required by law or are for other business purposes, to you via email notice, “push” notification on your mobile device, written or hard copy notice, or through posting of such notice on the Service, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in these Terms. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
- Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Service, shall constitute the entire agreement between you and us concerning the Service. If any provision of these 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.
- Assignment. We may sub-license, transfer, sell or assign the Terms, and/or any of our purported obligations hereunder, at any time to any person or entity, with or without notice. You may not sub-license, transfer, sell, or assign the Terms at any time to any person or entity with our prior written consent.
Inspo, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Inspo Properties terminates the licenses granted by Inspo pursuant to the Terms.