- Age Requirement. The Site is only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not visit or use the Site. If you are between 13 and 18 years of age, then you must review these ToU with your parent or guardian before visiting or using the Site to make sure that you and your parent or guardian understand these ToU and agree to them.
- Site Access and Use. We hereby grant you a limited license to access and use the Site subject to, and provided that you comply at all times with, these ToU.
- Site Restrictions. You agree at all times to comply with these ToU and applicable law and shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization or as permitted herein; (ii) transmit or upload any content which contains software viruses, or other harmful computer code, files or programs; (iii) disrupt or overload servers or networks connected to the Site; (iv) without our express permission, use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; (v) collect or harvest any personally identifiable information (such as names or e-mail addresses) from the Site; (vi) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site; (vii) use any communications systems provided by the Site to send unsolicited or unauthorized commercial communications; (viii) use the Site to invade the privacy rights of any Site user or third party; and/or (ix) use the Site for any unlawful, harmful, irresponsible, or inappropriate purpose.
- Intellectual Property Rights. The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Content“) and the trademarks, service marks and logos contained therein (“Marks“), are the property of IPV and/or its licensors and affiliates, and may be protected by applicable copyright or other intellectual property laws and treaties. We reserve all rights not expressly granted in and to the Site, the Content and the Marks. “IPV”, “IPVTec”, “ipvsecmon”,”ipvmon”, “defacemon”, “aptmon” “changemon” the IPV logo, the ipvmon logo, and other marks are Marks of IPV or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
- Use of Content. The Content on the Site is provided for your informational and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever (including without limitation for any commercial purpose or for consideration of any sort) without IPV’s prior written consent. If you use, copy, download, or print a copy of the Content you must retain all copyright and other proprietary notices contained therein. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
- Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right, in our sole discretion and at any time, to remove or make changes to the Content, or any part thereof, without needing to give any prior notice. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
- Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the Site Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of IPV, its users or the public.
- IPV permits you to link to the Site provided that (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with IPV or present any false information about IPV and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website, and domain name, does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these ToU and applicable law.
- Limitation of Liability.
- UNDER NO CIRCUMSTANCES SHALL IPV, INCLUDING OUR AFFILIATES, AND OUR RESPECTIVE FOUNDERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THESE TOU OR THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF IPV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- THE AGGREGATE LIABILITY OF IPV ARISING OUT OF OR RELATED TO THESE TOU, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, FOR ALL CLAIMS, DAMAGES AND LOSSES SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO IPV FOR YOUR USE OF THE SITE WITHIN THE THREE (3) MONTHS PRECEDING THE DATE GIVING RISE TO SAID CLAIM.
- Indemnity. You agree to defend, indemnify and hold harmless IPV and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; or (ii) your violation of the Site Terms.
- Assignment. These ToU, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by IPV without restriction or notification to you.
- Governing Law and Disputes. The Site Terms and the relationship between you and IPV shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its choice of law rules. You agree that any legal action arising out of or relating to the Site Terms and/or your use of, or inability to use, the Site shall be filed exclusively in the competent courts of New York and you hereby consent and submit to the personal and exclusive jurisdiction and venue of, and waive any jurisdictional, venue, or inconvenient forum objections to, such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
- General. The Site is currently made available for free, but IPV may in the future charge a fee for certain uses. The Site Terms shall constitute the entire agreement between you and IPV concerning the Site. If any provision of the Site Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Site Terms, which shall remain in full force and effect. No waiver of any term of the Site Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under the Site Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated: 1 December, 2014