1. Inflolabs Service
These Terms of Service apply to all users who access or use the Inflolabs Service, including users who are contributors of information, video content, audiovisual combinations, and other materials on the Inflolabs Service (each a “User” and, collectively, the “Users”) including via license agreements entered into by Inflolabs customers in their capacity as licensees including, but not limited to, companies, organizations and higher education institutions (each a “Licensee” and, collectively, the “Licensees”). The Inflolabs Service may contain links to third party websites that are not controlled or owned by Inflolabs and Inflolabs does not have control over and does not assume any responsibility for, privacy policies, practices or content of any such third party websites. In addition, Inflolabs will not and cannot edit or censor the content of any such third-party site. By using the Inflolabs Service, you expressly release Inflolabs from any and all liability arising from your use of any third-party website. As a result, we recommend that you be aware of when you leave the Inflolabs Service and read any terms and conditions and the privacy policies of each third party website that you visit.
The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.
3. Access and Use of Service
A. As a User and unless otherwise prohibited by the terms of Inflolabs agreement with your respective Licensee, you are hereby granted access to the Inflolabs Service as set forth herein as a result of your relationship with one of the Licensees of Inflolabs, provided that you (i) comply with these Terms of Service, (ii) use the Inflolabs Service for only legal purposes and as permitted by herein, (iii) refrain from distributing or copying any part of the Inflolabs Service in any manner without the express written consent of Inflolabs, (iv) do not reverse engineer, disassemble, decompile, modify, translate or otherwise alter any part of the Inflolabs Service including the underlying software or otherwise attempt to derive the source code of the Inflolabs Service including the underlying software, (v) do not prepare any derivative works based on the Inflolabs Service, and (vi) do not authorize any third party to do any of the foregoing.
B. In order to access certain features of the Inflolabs Service, you will have to create a Inflolabs account. You may never use another User’s account without permission of such User. When creating your account, you must provide accurate and complete information as may be requested by Inflolabs. You are solely responsible for the activity that occurs on your account and you must keep your account password confidential and secure. You must notify Inflolabs of any breach of security or unauthorized use of your account immediately to the extent you become aware of a breach or of unauthorized use. Although Inflolabs will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Inflolabs or others due to such instances of unauthorized use.
4. Your Conduct
The Services may be used only for lawful purposes relating to streaming and the usage of this platform for that purpose. The Company specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than those designated by the Company.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts.
Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
5. User Content
The Inflolabs Service may allow for the submission of videos and other forms of media, audio, presentations materials and other content, submitted by you and other users (“User Content”) and the sharing, importing, editing, hosting, remixing, and/or publishing of such User Content. You agree that whether or not such User Content is published, Inflolabs does not guarantee any privacy or confidentiality with respect to any submissions. For clarity, Inflolabs does not retain ownership rights in User Content and shall not be responsible for your User Content and the consequences of your publishing, posting or otherwise disclosing it. In connection with User Content, you hereby agree, represent or warrant that: (i) you own or have the necessary licenses, rights, consents and right, copyrights, permissions, patents, trademarks, trade secrets or other proprietary rights to use and authorize Inflolabs, and other Users of the Inflolabs Service to include and use your User Content in the manner contemplated by the Inflolabs Service and these Terms of Service and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name, likeness and information of each and every such identifiable individual person to enable inclusion and use of the User Content contemplated by the Inflolabs Service and these Terms of Service. You further agree that the User Content you submit to the Inflolabs Service will not contain material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you have the permission from the rightful owner(s) of the material to post the material and to grant Inflolabs all of the license rights granted herein. In addition, you agree that you will not (i) publish misrepresentations or falsities that could damage Inflolabs or any third party; (ii) submit material that is obscene, unlawful, defamatory, libelous, harassing, threatening, hateful, pornographic, ethnically or racially offensive, or that encourages conduct that would be considered a criminal offense, violate any law, give rise to civil liability, or is otherwise inappropriate; (iii) post advertisements or solicitations of business not otherwise permitted hereunder; or (iv) impersonate another person. Inflolabs does not endorse any User Content or opinion, recommendation, belief, or advice expressed therein, and Inflolabs expressly disclaims any and all liability in connection with User Content. Inflolabs also reserves the right to decide whether User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Inflolabs may remove, deleted and edit such User Content and/or terminate a User’s access for uploading such material in violation of the Terms of Service at any time, without prior notice and at its sole discretion. Each Licensee and their respective Users hereby grant to Inflolabs a non-exclusive, royalty-free license to use, copy, modify, display and distribute User Content for the sole purpose of operating the Inflolabs Service and delivering the Inflolabs to the respective Licensee. Inflolabs may take any other action that it deems necessary relating to use or misuse of the Inflolabs Service. You understand and agree, however, that Inflolabs may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted to the extent permitted by applicable law.
You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorized by you. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content.
You agree to immediately notify the Company of any unauthorized use of your username and password.
7. Use of Service
Inflolabs hereby grants you a nonexclusive, limited, nontransferable license to access and use the Service as set forth in these Terms of Service as a result of your relationship with one of the Licensees of Inflolabs, provided that (unless otherwise prohibited by the terms of Inflolabs agreement with your respective Licensee):
A. You agree not to distribute in any medium any part of the Inflolabs Service without the prior written authorization of Inflolabs, unless Inflolabs makes available the means for such distribution through functionality offered by the Inflolabs Service.
B. You agree not to alter or modify any part of the Inflolabs Service.
C. You agree not to access User Content through any technology or means other than through the Inflolabs Service itself or other explicitly authorized means Inflolabs may designate.
D. You agree not to use the Inflolabs Service for any of the following commercial uses unless you obtain prior written approval of Inflolabs:
- the sale of access to the Inflolabs Service; or
- the sale of advertising, sponsorships, or promotions placed on or within the Inflolabs Service or User Content.
E. Prohibited commercial uses do not include:
- uploading an original video to the Inflolabs Service to promote your institution or business or other enterprise; or
- any use that Inflolabs expressly authorizes in writing.
F. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Inflolabs Service in a manner that sends more request messages to Inflolabs utilized servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Inflolabs Service, nor to use the communication systems provided by the Inflolabs Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Inflolabs Service with respect to their User Content.
G. In your use of the Inflolabs Service, you will comply with all applicable laws.
H. Use of load or performance testing tools on the production environment is prohibited without the prior written consent of Inflolabs.
I. Inflolabs reserves the right to discontinue any aspect of the Inflolabs Service at any time.
8. Access to Services
Subscriptions & Purchases
The Services may allow you to access digital content on a pay per view basis, subscription basis, rent, or purchases. The basis on which digital content is available on the Services will be indicated on the product detail page for which you may purchase the digital content. Subject to your payment of any applicable fees, purchases, subscriptions, rent, or pay per view, the Company grants you a non-exclusive, non-transferable, personal, non-sub licensable, limited right and license to view the video stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by you.
The Company makes no guarantees as to the resolution and quality of your digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth.
9. Payments & Billing
The digital content available under specific payment plans, including pay per view or pay per user subscription, membership, or rent will change from time to time at the sole discretion of the Company. The Company makes no guarantee as to the availability of a specific payment plan.
By purchasing a payment plan, you expressly agree that we are authorized to charge your selected payment plan on the Payment Method you designate. You can update and change this information at any time by logging into your video library, and clicking the settings tab under the username.
Receipts are sent once the charge is successful to the registered email account. Your subscription will continue in effect unless and until you cancel your subscription or when the Company terminates the subscription. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.
10. User Comments and Suggestions
While the Company values user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions.
If, despite our request, users send creative ideas, inventions, or suggestions, all such submission shall be the property of the Company in whole or in part. The Company shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to users or any other third party.
No part of the submissions shall be subject to any obligation of confidence and the Company shall not be liable for any use or disclosure.
11. Intellectual Property
“Inflolabs” and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorized use of such trademarks and trade names is prohibited.
The Services (including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources and graphics) are the sole and exclusive property of the Company and are protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.
You agree that Inflolabs owns and retains all rights to the Services and that all content is solely owned and controlled by the content provider. All such materials are protected and copyrighted, trademarked and protected by copyright, trademark, and other intellectual property common and statutory laws.
You may not sell or modify the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose.
12. Use of Software
If the Services require or include downloadable software such as an app, or use of software provided by the Company for third parties, the Company grants a personal, limited, non-exclusive, and non-transferable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to video streaming and related activities through www.Inflolabs.com
You shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose.
You shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license.
This License does not allow users to use the Software on any device that the user does not own or control, and user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time.
You agree that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or intellectual property of the Company. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for your own benefit or for the benefit of any third party.
You acknowledge and agree that use of the Software may require the Company to acquire user’s mobile phone number and perhaps additional such information in order to obtain access Software.
You agree that the Company may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support and other services. The Company may use this information, as long as it is in a form that does not personally identify a user.
The Company shall have the right, and you agree, that in its sole discretion and with reasonable posted notice and/or sent to your email address, to revise, automatically update, or otherwise modify the Software, at any time. Your continued use of the Software constitutes acceptance of and agreement to such changes.
This License is effective until terminated the user or the Company at its sole discretion. Your rights under this license will terminate automatically without notice if you fail to comply with any terms of this License. Upon termination, you shall cease all use of the Software and delete all versions of the Software possessed by you.
The warranty and limitation of liability provisions set forth below apply also to the use of the Software.
13. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE Inflolabs SERVICE SHALL BE AT YOUR SOLE RISK OR THAT OF YOUR RESPECTIVE LICENSEE AS MAY BE SET FORTH PURSUANT TO THE TERMS OF Inflolabs AGREEMENT WITH YOUR RESPECTIVE LICENSEE. TO THE FULLEST EXTENT PERMITTED BY LAW, Inflolabs, ITS EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Inflolabs SERVICE AND YOUR USE THEREOF. Inflolabs MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE Inflolabs SERVICE, USER CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE Inflolabs SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Inflolabs SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR UTILIZED THIRD PARTY SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Inflolabs SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE Inflolabs SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Inflolabs SERVICE. Inflolabs DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR Inflolabs SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Inflolabs SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Inflolabs WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Inflolabs DOES NOT WARRANT THAT: (I) THE USE OR QUALITY OF THE Inflolabs SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR MEET USER’S REQUIREMENTS OR EXPECTATIONS OR (II) THE RESULTS OBTAINED FROM USE OF THE Inflolabs SERVICE WILL BE ACCURATE OR RELIABLE.
14. Limitation of Liability
IN NO EVENT SHALL Inflolabs, ITS EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR CONTENT OF THE Inflolabs SERVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Inflolabs SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR UTILIZED THIRD PARTY SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Inflolabs SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE Inflolabs SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Inflolabs SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Inflolabs IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Inflolabs SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
To the extent permitted by applicable law and not prohibited by the terms of Inflolabs agreement with your respective Licensee, you agree to defend, indemnify and hold harmless Inflolabs and its affiliates, 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 and access to the Inflolabs Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Inflolabs Service.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Inflolabs Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Inflolabs Service. There are lots of other great websites and services for you and we encourage you to please talk to your parents or guardians about what sites are appropriate for you.