TERMS OF SERVICE
Last updated 03/12/12
TERMS OF SERVICE
If you are an agent or employee of another entity you represent and warrant that (i) the individual accepting this agreement is duly authorized to accept this agreement on such entity’s behalf and to bind such entity, and (ii) such entity has full power, corporate or otherwise, to enter into this agreement and perform its obligations hereunder.
IF YOU DO NOT AGREE TO THE TERMS OF THIS END USER LICENSE AGREEMENT AND THESE TERMS OF SERVICE (COLLECTIVELY, “AGREEMENT”), DO NOT DOWNLOAD, INSTALL, OR USE ANY InstaCloner SOFTWARE APPLICATIONS OR SERVICES, INCLUDING THE InstaCloner WEB BROWSER EXTENSIONS OR WEBSITE (“WEBSITE”).
(i) "User" or "You" means the individual or the business entity to which a license is granted by InstaCloner for the use of the Software;
(ii) "Effective Date" means the date on which a User first installs the Licensed Software through InstaCloner’s website or through a third-party application, extension, or add-on store such as the Chrome Web Store or Firefox Add-ons website;
(iii) “Licensed Software” means the web-based software extension called InstaCloner, which is proprietary to InstaCloner;
(iv) “Licensee Data” means all electronic data or information submitted by User to the Service;
(v) “Service” means the provision of access to the Licensed Software for the purpose of transmitting Licensee Data;
(vi) “Usage Data” means data collected about the User’s use of the Service. For example, how often the User accesses a to do list, or what photo(s) they favorite.
2. Licenses and Data
2.1 Software License Grant
Subject to all of the terms and conditions of this Agreement and payment of any applicable fees, InstaCloner grants to the User a royalty-free, non-exclusive, non-transferable license to download, install and use the Licensed Software as part of the Service. We provide an obfuscated version of a website cloning software to our users and the users are required to obey with all the governing laws to use the software in a legitimate manner.
2.2 License to Licensee Data
User grants to InstaCloner a non-exclusive license to access and modify Licensee Data as required in order to provide the Service. The service includes cloning merely the outline structure of a website while obfuscating the images, text or any other content.
2.3 Usage Data
2.4 Consent for Children Under 16
By using our service, you represent and warrant that you are at least 16 years of age. No one under the age of 16 may use the Service, except as set forth as follows.
For more information on complying with COPPA, see the Federal Trade Commission's website. If you are located outside of the United States, we will rely on you to obtain any required consent or approval from the parent or guardian of any student covered by similar laws, and, as a condition to your and your students' use of InstaCloner, you agree that you will be responsible for complying with such laws.
If we become aware that a child under the age of 16 has provided us with personal information, without the consent of a parent, guardian and/or an authorized school official, we will delete the child’s account and information. If you are aware that a child under the age of 16 has provided InstaCloner with personal information without the consent of a parent, guardian and/or an authorized school official, please contact InstaCloner support.
2.5 Refund Policy
The software provided by InstaCloner is offered "as-is" with no warranty, implied or otherwise.
In the event that you decide your purchase was not the right decision, contact our support team at [email protected] We will review it and attempt to help correct the issue.
To be eligible for a refund, you must submit your request 11:59pm Eastern Standard Time on the 15th day following your purchase. All refunds are discretionary*.
No refunds will be provided more than 15 days following the date of purchase. If you opted for a payment plan and you do not request a refund by the end of the 15th day, you are required to complete the remaining payments of your payment plan. All payments must be made on a timely basis.
*Note: As mentioned above, all refunds are discretionary. If you exceeded 5 page clones or more, we reserve the right to deny your refund request.
3. Technical Support
3.1 InstaCloner makes commercially reasonable efforts to provide support for the Service through the online Help Center located at the website www.InstaCloner.com . You may also contact us directly at [email protected].
4. Disclaimer of Warranties
4.1 To the greatest extent permitted by law, the licensed software and technical support provided by InstaCloner hereunder are provided on an "as is" basis. There are no warranties, representations or conditions, express or implied, written or oral, arising by statute, operation of law, course of dealing, usage of trade or otherwise, regarding them or any other product or service provided under this agreement or in connection with this agreement by InstaCloner. InstaCloner disclaims any implied warranties or conditions of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and non-infringement of any copyrights. InstaCloner does not represent or warrant that the software shall meet any or all of User’s particular requirements or any requirements of the law governing in the User's jurisdiction, that the software will operate error-free or uninterrupted or that all errors or defects in the software can be found or corrected.
4.2 In certain jurisdictions some or all of the provisions in this Section may not be effective, or the applicable law may mandate a more extensive warranty, in which case the applicable law will prevail over this Agreement. The User is required to check the laws prevailing in their jurisdiction and use the software accordingly.
5. Limitation of Liability
5.1 To the greatest extent permitted by applicable law, in no event shall InstaCloner be liable to the User or any other person for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including without limitation, legal expenses, loss of business, loss of profits, loss of revenue, lost or damaged data, loss of computer time, cost of substitute goods or services, or failure to realize expected savings or any other commercial or economic losses arising out of or in connection with this agreement, even if InstaCloner has been advised of the possibility of such loss or damages, or such losses or damages are foreseeable.
5.2 The entire liability of InstaCloner and the User’s exclusive remedy with respect to the software and technical support. Any other products or services supplied by InstaCloner in connection with this agreement for damages for any cause and regardless of the cause of action, whether in contract or in tort, including fundamental breach or negligence, will be limited in the aggregate to the amounts paid by User to InstaCloner under this agreement for the software, technical support or services giving rise to the claim.
5.3 The disclaimer of representations, warranties and conditions and limitation of liability constitute an essential part of this agreement. You acknowledge that for the disclaimer of representations, warranties and conditions and limitation of liability, neither InstaCloner nor any of its licensors or suppliers would grant the rights granted in this agreement.
5.4 The User hereby understands that the InstaCloner browser extension works on the ClickFunnel ("CF") platform which being a third party has no control of InstaCloner and in case CF deploys some sort of code or any other type of restriction that could potentially block InstaCloner extension resulting in non-performance of InstaCloner services, the User agrees that in such an event which is not in control of InstaCloner, InstaCloner will not be liable for refund or for the extension being unable to work due to the code update from CF. Nonetheless, InstaCloner will undertake best possible measures to recode the extension so it works seamlessly for the User.
6. Proprietary Rights
6.1 The User acknowledges and agrees that the Licensed Software contains confidential and proprietary information and trade secrets belonging to InstaCloner and its licensors. The User acknowledges and agrees that title in and rights to the Software remains exclusively with InstaCloner and its licensors. The User’s rights to the Software are strictly limited to those granted in this Agreement. User shall not decompile, disassemble or otherwise reverse engineer the Software. If the foregoing provision is prohibited by applicable law, the User will provide InstaCloner with advance written notification of (a) its intention to decompile, disassemble or otherwise reverse engineer the Software, and (b) the nature of the work involved. InstaCloner will be given the right of first refusal to perform such work at its prevailing rates and prices.
7. Uninstalling the Software
7.1 Users can uninstall the Licensed Software at any time by following the process outlined in your browser’s help documentation.
8. Term and Termination
8.1 The term of this Agreement will begin upon the Effective Date and shall continue for as long as User uses the Service under subscription and pays all applicable fees, unless earlier terminated under this section 8.
8.2 InstaCloner may terminate this Agreement in the event of any breach by the User if such breach has not been cured within thirty (15) days of notice to User. No termination of this Agreement will entitle the User to a refund of any amounts paid by User to InstaCloner or affect any obligations User may have to pay any outstanding amounts owing to InstaCloner.
8.3 The User’s rights to use and access the Service will immediately terminate upon termination or expiration of this Agreement. Sections 1, 4, 5, 6, 7, 8.3, 9 and 10 of this Agreement shall survive the expiration or termination of this Agreement.
9. Copyright Infringement.
We are under no obligation to, and do not, review content transmitted, used, sent, or received using the applications or services for purposes of determining copyright infringement. However, InstaCloner reserves the right to terminate access to its applications or services if a user infringes on others’ copyrights, and will, in appropriate circumstances, terminate access to the applications or services if InstaCloner determines that a user is a repeat infringer.
To the maximum extent permitted by applicable law, You shall indemnify and hold harmless, individually and collectively, InstaCloner, its affiliates, agents, resellers, and other providers who furnish goods and services to You in connection with the Services, and their officers, directors, managers, employees, and shareholders (the “Indemnified Parties”) from and against any and all liability, claims, losses (including loss of profits, revenue and goodwill), damages, fines, penalties, injuries to persons or property, costs, and expenses (including reasonable attorneys’ fees and dispute resolution expenses) arising from or related to (1) the use of or reliance upon the applications or services by You or any third party acting upon Your permission, knowledge, authority or direction, (2) a breach of this Agreement by You, (3) any negligent acts, omissions to act or willful misconduct by You or any third party acting with Your permission, knowledge, authority or direction, (4) the use of the applications or services in connection with a violation of any applicable law, code, regulation, or ordnance, and/or (5) the misappropriation, breach, violation, or infringement of any right, title or interest of any third party, including but not limited to, contractual rights, intellectual property rights (including patent, trademark, copyright, and trade secret rights), rights of privacy, and rights of publicity and personality.
11. General Provisions
11.1 No Waiver
No delay or failure in exercising any right under this Agreement, or any partial or single exercise of any right, will constitute a waiver of that right or any other rights under this Agreement. No consent to a breach of any express or implied term set out in this Agreement constitutes consent to any subsequent breach, whether of the same or any other provision.
If any provision of this Agreement is, or becomes, unenforceable, it will be severed from this Agreement and the remainder of this Agreement will remain in full force and effect.
The User may not transfer or assign this Agreement (whether voluntarily, by operation of law, or otherwise) without InstaCloner’s prior written consent. InstaCloner may assign this Agreement at any time without notice. This Agreement is binding upon and will inure to the benefit of both parties, and their respective successors and permitted assigns.
11.4 Governing Law and Venue
This Agreement shall be governed by the laws of the Australia. No choice of laws rules of any jurisdiction shall apply to this Agreement. The User consents and agrees that the courts of the Brisbane, Australia shall have jurisdiction over any legal action or proceeding brought by the User arising out of or relating to this Agreement, and the User consents to the jurisdiction of such courts for any such action or proceeding.
11.5 Entire Agreement
This Agreement is the entire understanding and agreement between the User and InstaCloner with respect to the subject matter hereof, and it supersedes all prior negotiations, commitments and understandings, verbal or written, any purchase order issued by User.
If you have any questions about this agreement, please contact our legal advisors and attorneys at [email protected]
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