Terms of service

Revised: January 31, 2011

This Web Site Terms of Service and Application Use Agreement (this "Agreement") sets forth the terms and conditions for your access and use of the IntoNow Application (the "Application"), the Web site located at www.intonow.com (the "Site"), and any related content or services that may be offered by IntoNow, Inc. ("IntoNow," "we," or "us"). The Application, the Site, and such related content and services are referred to collectively as the "Service."

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR DOWNLOADING THE APPLICATION, ACCESSING THE SITE, OR OTHERWISE USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT (a) YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, (b) YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AND (c) YOUR OBLIGATIONS UNDER THIS AGREEMENT ARE BINDING AND ENFORCEABLE. YOU MAY NOT USE ANY PART OF THE SERVICE UNLESS YOU AGREE TO THE TERMS OF THIS AGREEMENT.

1. Eligibility; Authorized Users. You must be at least the applicable legal age to form a legally binding contract and reside in the United States of America in order to access or use the Application. The Application may only be installed or used by (a) the owner of the device on which the Application is installed (the "Authorized Device"), and (b) any persons authorized by the owner of the Authorized Device to use the Authorized Device and to install the Application in accordance with the terms of this Agreement, provided that the individuals referred to in (a) and (b) above have read this Agreement and agree to abide by it (each an "Authorized User"). Any references to the pronouns "you" and "your" anywhere in this Agreement are intended to refer to any one or to all of the Authorized Users of the Application.

2. Ownership; Limited License Grant. As between you and IntoNow, IntoNow is the sole owner of all right, title, and interest in and to the Service, including, without limitation, the Application and the Site, and all intellectual property rights (including, without limitation, all copyrights and trademarks) associated therewith. IntoNow hereby grants you a limited, nonexclusive, nontransferable, royalty-free license to download and install the Application and to access and use the Service solely for your personal, non-commercial use and subject to the terms of this Agreement. You may not assign, sublicense, or otherwise convey or transfer the rights granted to you under this Agreement to any other person, organization, or entity. Any rights not expressly granted to you hereunder are reserved by IntoNow. The limited rights granted to you to download and install the Application and to access and use the Service comprise a limited license and do not constitute the sale of any software program.

3. Use Restrictions. You may not do any of the following with or to the Service or any part thereof: (a) decompile, reverse engineer, or disassemble it, (b) tamper or interfere with its functionality, delivery or operation, (c) assign, sublicense, pledge, lease, sell, rent, transfer, resell, or distribute it, (d) duplicate, reproduce, copy, modify, or otherwise create derivative works of it, (e) alter or remove any identification of any copyright, trademark, or other proprietary rights notice which indicates IntoNow's ownership of the Service, or (f) export or re-export the Application, directly or indirectly in violation any applicable law, rule, or regulation of any jurisdiction (including the United States Export Administration Act and any regulations promulgated thereunder). You shall abide by all applicable local, state, national and international laws and regulations in connection with your use of the Service.

4. Rules and Conduct. You are responsible for your use of the Service, and for any use of the Service made using your account. The IntoNow's goal is to create a positive and safe experience for its users. To promote this goal, IntoNow prohibits certain kinds of conduct that may be harmful to IntoNow or to others. When you use the Service, you may not:

• violate or infringe other people's intellectual property, privacy, publicity, or other legal rights;
• transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send unsolicited or unauthorized advertising, promotional or commercial communications, such as spam or conduct commercial activities and/or sales without IntoNow's prior written consent such as contests, sweepstakes, barter, advertising, promotional offers or pyramid schemes;
• transmit any malicious or unsolicited software;
• stalk, harass, or harm another individual;
• impersonate or misrepresent your affiliation with someone else;
• share with any third-party your username, password, or any access control information used to gain access to or use the Service;
• use any means to "scrape," "crawl," or "spider" any Web pages contained in the Site;
• use automated methods to use the Service in a manner that sends more requests to the IntoNow's servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser;
• interfere with or disrupt the Service; or
• collect or harvest any personally identifiable information from the Service.

5. Special Terms for Developers. If you are a developer or operator of any application or service that uses the Application programming interface(s) you also agree to IntoNow’s API License Agreement Registration. You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with IntoNow and select a password and your email to create a ("User ID"). You shall provide IntoNow with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You shall not (a) select or use as a User ID a name of another person with the intent to impersonate that person; (b) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a User ID a name that is otherwise offensive, vulgar, or obscene. IntoNow reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user's account without such other user's express permission. You will immediately notify IntoNow in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

6. Content. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. For purposes of this Agreement, the term “Content” includes, without limitation, any television identification information, videos, audio, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service. Other than User Submissions (as defined below), IntoNow owns or licenses the Content and any trademarks, logos, or brand elements on the Service ("Marks"). The Content and Marks are protected under U.S. and international laws.

7. User Submissions. The Service may provide you with the ability to add, create, upload, submit, distribute, or post Content using the Service ("User Submissions"). You own your User Submissions. You hereby grant IntoNow a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, copy, display, perform, and otherwise fully exploit User Submissions in connection with the Service and IntoNow's (and its successors' and assigns') business, including, without limitation, for promoting and redistributing part or all of the Service in any media formats and through any media channels (including, without limitation, third-party Web sites). You promise that (a) you own all rights to your User Submissions or, alternatively, that you have the right to give IntoNow the rights described above; (b) you have paid and will pay in full any fees or other payments that may be related to the use of your User Submission; and (c) your User Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party. IntoNow does not endorse and has no control over any User Submission. IntoNow has no obligation to monitor the Service or any User Submissions. IntoNow may refuse to accept or transmit User Submissions in its sole discretion. IntoNow may remove or block any User Submissions from the Service for any reason.

Some parts of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that IntoNow may place such advertising and promotions on the Service or on, about, or in conjunction with your User Submissions in IntoNow's sole discretion.

8. Other Content or Service. Through your use of the Service, you may receive content or services provided through, or in connection with the Service, by individuals or entities other than IntoNow, including, without limitation, video content or other materials or services created by individuals or entities other than IntoNow but accessible via the Application (collectively, the "Other Content or Service"). You understand and agree that you will not obtain, as a result of your use of the Application, any right, title, or interest in or to such Other Content or Service delivered via the Service or in any intellectual property rights (including, without limitation, any copyrights or trademark rights) in and to such Other Content or Service. You understand and agree that such Other Content or Service shall be the responsibility of the entity that originated, provided, delivered, offered, sold, supplied, promoted, sponsored or advertised such Other Content or Service, and shall not be the responsibility of IntoNow. You agree that you will evaluate and bear all risks associated with the viewing or use of any such Other Content or Service, including any reliance on the accuracy or completeness of such Other Content or Service. IntoNow expressly disclaims, to the maximum extent permitted by law, any liability for any such Other Content or Service, including, without limitation, for any errors or omissions in any such Other Content or Service, or for loss or damage or injury of any kind incurred as a result of the use of any such Other Content or Service posted, transmitted, advertised or otherwise made available to you through or in connection with the Service.

9. Intellectual Property. IntoNow respects the intellectual property of others, and we ask our users to do the same. IntoNow may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send our Agent for Notice a notification with all of the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the service;
• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; .

IntoNow's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
IntoNow Copyright Agent
c/o Yahoo! Inc.
701 First Avenue
Sunnyvale, CA 94089
By phone: (408) 349-5080
By fax: (408) 349-7821
By email: copyright@yahoo-inc.com

10. Privacy. The information that IntoNow collects from you through technical means in connection with your download, installation, or use of the Service will be collected, stored, used, and shared by IntoNow in accordance with the IntoNow Privacy Policy. The IntoNow Privacy Policy, as may be modified from time to time in IntoNow's sole discretion, is expressly incorporated herein by this reference and made part of this Agreement.

11. Third-Party Web Sites. The Service may enable you to interact with or access other Web sites operated not by the IntoNow, but by third parties, including both affiliated and unaffiliated third parties. When you access such third-party Web sites, you do so at your own risk. These third- party Web sites are not under IntoNow's control, and you acknowledge that IntoNow is not responsible or liable for the content, functions, accuracy, legality, appropriateness, information practices or any other aspect of such Web sites. Your use of such third-party Web sites, and the collection and use of information in connection with such use, is governed by the terms and conditions and privacy policies of their respective third-party Web site operators. You acknowledge and agree that IntoNow shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, good or services available on or through any such third-party Web site.

12. Modifications to the Service; Termination. Updates, enhancements, and upgrades to the Application may be made available to you automatically. IntoNow shall have the right at any time to disable, modify, or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. Without limiting the foregoing, IntoNow may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account.

13. NO SUPPORT.
INTONOW HAS NO OBLIGATION TO PROVIDE YOU WITH SUPPORT, MAINTENANCE, UPGRADES, MODIFICATIONS, OR NEW RELEASES WITH RESPECT TO THE APPLICATION.

14. Disclaimer and Limitations on Our Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. YOU SPECIFICALLY AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INTONOW SHALL NOT BE LIABLE FOR LOSSES OR LIABILITIES ARISING IN CONNECTION WITH YOUR DOWNLOAD, INSTALLATION, OR USE OF THE APPLICATION, OR YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, LOSS OR LIABILITY RESULTING OR ARISING FROM OR IN CONNECTION WITH: (a) SOFTWARE CONFLICTS RELATED TO THE APPLICATION; (b) DATA NON-DELIVERY, DATA MIS-DELIVERY, OR UNAUTHORIZED ACCESS TO TRANSMISSIONS OF DATA; (c) INFRINGEMENT OF A THIRD-PARTY'S RIGHT; (d) DEFECTS OR VIRUSES IN, OR DISTRIBUTED WITH, THE APPLICATION OR CONTENT; (e) YOUR OWN USE OR MISUSE OF YOUR PERSONAL DEVICE OR THE SOFTWARE CONTAINED ON YOUR PERSONAL DEVICE; OR (f) THE UNAVAILABILITY OF THE SITE OR SERVICE. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM IS TO STOP USING THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INTONOW SHALL NOT BE LIABLE TO YOU FOR (a) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR THIS AGREEMENT, IRRESPECTIVE OF WHETHER INTONOW WAS ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE; AND (b) ANY DIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT TO THE EXTENT THAT THE AGGREGATE AMOUNT OF SUCH DAMAGES EXCEEDS $100. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent IntoNow may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of IntoNow's liability will be the minimum permitted under such law.

15. Indemnification. You hereby agree to release, indemnify, defend and hold harmless IntoNow, its parents, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) relating to or arising from your use, installation, or download of the Application, your use of the Service, your User Submissions, or your breach of this Agreement. IntoNow reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.

16. General Provisions. These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. The exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate court in San Francisco, California and you hereby expressly consent to personal jurisdiction in such courts and waive all venue, jurisdiction and choice of law challenges or defenses. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, including, without limitation, any of the warranty disclaimers or liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect. If no enforceable provision can be substituted for any such invalid or unenforceable provision, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions in this Agreement. You may not assign any rights or obligations under this Agreement. This Agreement will be binding upon and will inure to the benefit of IntoNow and its successors and assigns. This Agreement, together with any rules, policies, or additional terms associated with the Service, constitutes the entire understanding and agreement of the parties respecting the subject matter of this Agreement.

17. Changes to this Agreement. From time to time, IntoNow may change this Agreement. If IntoNow changes this Agreement, IntoNow will inform you by posting the revised Agreement on the Site. Those changes will go into effect on the Revision Date shown in the revised Agreement. By continuing to use our Site or Service, you agree to the revised Agreement.

BY ACCESSING OR DOWNLOADING THE APPLICATION, ACCESSING THE SITE, OR OTHERWISE USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT (a) YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, (b) YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AND (c) YOUR OBLIGATIONS UNDER THIS AGREEMENT ARE BINDING AND ENFORCEABLE.