Terms of Service
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ITICKERAPP.COM OR THE PRODUCTS, SOFTWARE AND SERVICES PROVIDED AT ITICKERAPP.COM. BY ACCESSING AND USING ITICKERAPP.COM OR ANY PART OF THE SERVICES, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
AGREEMENT: LAST UPDATED ON 26 MAY 2010
Welcome to iTICKERapp.com and the products, software and services provided at iTICKERapp.com (collectively, the "Services"), operated by iTICKER ("we" or "us"). Users ("Users" or "you") of the Services can establish when we last revised the Terms and Conditions (the "Terms") by referring to the date in the above heading. We reserve the right to change or modify the Terms from time to time, but you can always find the latest version of the Terms at this page.
Each User is responsible for regularly reviewing the Terms. Any use of the Services following modification of the Terms shall constitute your agreement to the Terms as modified. You may receive a copy of the Terms at any time by emailing info@iTICKERapp.com.
In addition to these Terms, iTICKER's current Privacy Policy is available at http://iTICKERapp.com/privacy. The Privacy Policy as well as any posted terms or guidelines are hereby incorporated by reference into these Terms.
All content and additional or replacement services made available through the Services after the "Last Updated" date shall automatically be deemed to be part of the Services. Your access to and use of the Services is expressly conditioned on your consent to the Terms: If you do not understand and agree to abide by the Terms, please do not use the Services or any part of the Services.
OVERVIEW
The Services provide communication platforms and other applications from iTICKER itself and from third party partner and service providers as applicable and shall be used as a mechanism for Users to enhance their communications and websites. You understand iTICKER is merely acting as a passive conduit for the distribution of information and communications, and is in no way undertaking any obligation or liability regarding the qualifications or activities of any User.
The Services may include advertisements from iTICKER and iTICKER's business and other third-party partners and providers. We reserve the right to change the types and extent of advertising at any time at our sole discretion. In consideration for iTICKER granting you access to and use of the Services, you agree that you shall not obscure or interfere with the placement, display, or functionality of advertisements.
ACCEPTING THE TERMS
You cannot use the Services without agreeing to the Terms. By accessing or otherwise using the Services you acknowledge and agree, and warrant and represent that (i) you have read and understand and agree to be legally bound and to abide by the Terms; (ii) you are of legal age and have the right to enter into this agreement; and (iii) if you are acting on behalf of any person or entity, you are authorised to do so.
PROVISION OF THE SERVICES
We are constantly evolving the Services and you acknowledge and agree the Services may change in form and nature at any time, with or without prior notice to you.
In addition, we may stop (permanently or temporarily) providing the Services (or any features within, or content on, or parts of the Services) to you or to any User, without prior notice or liability to you or any third party.
GENERAL CONTENT
You understand that all information, including text, graphics and other content appearing on the Services (collectively, the "Content") is the sole responsibility of the person who originated such Content. We cannot take responsibility for user-generated Content and we do not assume any responsibility for monitoring or filtering such Content. As such, you should not rely on any Content without first taking specialist professional advice.
In addition, you understand that by using the Services you may be exposed to Content that you or a third party may find offensive or objectionable. In such respects, your access to and use of the Services and Content is entirely at your own risk.
Users may also gain access through hyperlinks on the Services to external sites and resources. You acknowledge and agree that iTICKER holds no responsibility for the availability of such external sites and resources, and we are not responsible in any way for any of their content.
You may also see advertising material on the Services. Advertising material is the sole responsibility of the advertisers who originated such advertisements. We accept no responsibility for the content of advertising material, including, without limitation, anything that may be untrue, inaccurate, or incomplete.
USING THE SERVICES
You may be required to provide further information in order to access parts of the Services, including, without limitation, access to 'opt-in' advertising on your iTICKER(s). You agree to provide accurate, complete and current information, including, without limitation, any website URL(s) and contact details you are required to submit. We reserve the right to refuse access to or registration of any User to any part of the Services.
You acknowledge and agree that your use of the Services may grant iTICKER and users of the Services licence to transmit, distribute, or display your Content, namely if you activate 'share-it' buttons on your iTICKER(s). You represent and warrant to iTICKER that you own all the rights, power and authority necessary to grant this licence. In addition, you are solely responsible for (i) any Content submitted by you or by others enabled by you; and (ii) the consequences of posting or publishing such Content.
You agree not to access or attempt to access the Services by automated or other means other than through the interface provided by us. You agree not to tamper with the proper working of the Services or any activities conducted by the Services. You agree not to interfere with or disrupt the servers or networks connected to the Services.
You agree not to use the Services or any of the Content for any purpose that is unlawful or prohibited by the Terms, as well as for any purpose not reasonably intended by iTICKER, including, without limitation, using the Services to generate unsolicited advertisements or spam. In addition, you agree to exercise caution and common sense when using the Services.
You may stop using the Services at any time and you do not need to give specific notice to iTICKER in order to do so.
DISCLAIMER OF LIABILITY
We hope you enjoy using the Services, but we make no promise or warranty that the Services will meet all of your requirements or expectations or be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that the Services and Content are provided to you on an "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" basis, and you use them at your own risk.
WE GIVE NO WARRANTIES OF ANY KIND CONCERNING THE SERVICES OR THE CONTENT. IN PARTICULAR, WE DO NOT WARRANT THAT THE SERVICES OR ANY OF THE CONTENT IS VIRUS FREE. YOU MUST TAKE YOUR OWN PRECAUTIONS IN THIS RESPECT AS YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT.
YOU UNDERSTAND AND AGREE THAT YOUR SOLE RIGHT AND EXCLUSIVE REMEDY AGAINST ITICKER IS TO DISCONTINUE USE OF THE SERVICES.
WAIVER AND SEVERABILITY
You acknowledge and agree that no failure or delay by iTICKER to enforce any legal right or remedy under these Terms will operate as a waiver of iTICKER's rights and that those rights and remedies will remain in full force and effect.
DATA PROTECTION
You can find details of how personal date may be processed in our Privacy Policy.
FORCE MAJEURE
Although we will do our best to provide constant, uninterrupted access to the Services, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
GOVERNING LAW AND JURISDICTION
This agreement is governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
(End of document: Contact us if you have any thoughts or questions about the Terms.)