CONDITIONS OF USE

 

This Conditions of Use (“COU”) and all supplemental terms, as amended from time to time, governs your use of any Instant Remedy application, service or web site ("IR Services") offered by Instant Remedy, LLC (“IR”).   IR’s Privacy Policy (“Privacy Policy”) is an integral part of this COU and is incorporated into this document by reference.  You can find IR’s Privacy Policy at http://www.instantremedys.com/Static/PP.

You agree to check this COU periodically for new information and terms that govern your use of IR Services. IR reserves the right to modify the COU at any time.  Revisions to terms affecting existing COU shall be effective thirty (30) days after posting.  Terms for new IR Services are effective immediately upon posting at http://www.instantremedys.com/Static/COU.

 

1.  Instant Remedy Account

An IR Account (“Account”) may be required to access and use some IR Services.  If you have questions about Account registration, please contact us by emailing customer service at info@instantremedys.com.

To create an Account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the IR Service for which you are registering.  Some IR Services may require creation of a "user name" or a "persona". User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the COU.

You are solely responsible for all activity on your Account.  Your Account may be terminated if someone else uses it to engage in activity that violates the COU or is otherwise improper or illegal.  You should not reveal your Account password to others.   It is the policy of IR that we will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.

 

2.  Privacy and Data Collection

Your privacy is important to us.  Please read IR’s Privacy Policy carefully for information relating to IR’s collection and use of personal information.  You can find IR’s Privacy Policy at http://www.instantremedys.com/Static/PP.

You understand, acknowledge and agree that your communications on IR Services are not private or confidential, and may be viewed and used by others accessing the IR Services.

 

3.  Content

("Content") on IR Services may include software, technology, text and other audio-visual material, and the design and appearance of our websites. You or third parties, including other users of IR Services, may provide Content. IR may prescreen Content but is not required to.  IR does not endorse, approve, or prescreen any Content that you and other users may contribute to IR Services.  You bear the entire risk of the completeness, accuracy or usefulness of Content found on IR Services.

We reserve the right to remove Content that is objectionable to us for any reason. The decision to remove Content is in IR's sole and final discretion. To the maximum extent permitted by applicable law, IR does not assume any responsibility or liability for Content that is generated by third parties or for any failure to or delay in removing such Content.

You are solely responsible for your Content and may be held liable for Content that you post.

 

4.  Intellectual Property Rights

Content on IR Services is owned by IR or IR’s third party licensors and is protected by United States copyright, trade dress, and trademark laws, as well as other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from an IR Service unless you are expressly authorized to do so.  Content properly authorized for use must follow the various license requirements associated with the Content.

You agree not to remove, obscure, or alter copyright, trademark, or other proprietary rights notices affixed to Content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content. IR reserves all rights in IR owned and licensed Content that are not expressly granted to you in this COU.

Making unauthorized copies of Content found on IR Services may result in the termination of your IR Account(s), prohibition on use of IR Services, and further legal action. Content owners may take civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless IR from any unauthorized or illegal conduct by you, or through the use of your Account, on IR Services.

 

5.  Contributing Third Party Content to IR Services

We respect the intellectual property rights of others.  You must have the legal right to upload Content to IR Services.  You may not upload or post any Content on IR Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that Content.  We may, without prior notice to you and in IR’s sole judgment, remove Content that may infringe the intellectual property rights of a third party.  If you are a repeat infringer of IR's or a third party’s intellectual property rights, IR may terminate your Account without notice to you.  If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to entitlements and assets associated with your Account (such as game points, digital assets and tokens).

 

6.  Contributing Your Own Content to IR Services; License Grant to IR and Others

In exchange for IR enabling your contribution of Content, when you contribute Content to an IR Service, you expressly grant to IR a non-exclusive, perpetual, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party.  You grant IR all licenses, consents and clearances to enable IR to use such Content for such purposes.  You waive, and agree not to assert any moral or similar rights you may have in such Content.

If the IR Service on which you contribute Content permits other users to access and use that contributed Content as part of the IR Service, than you also grant all other users of the relevant IR Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed Content on or through the relevant IR Service without further notice, attribution or compensation to you.

 

7.  Paid Services

Some IR Services may require payment of a fee. You must have an Account and pay any applicable fees to participate in these activities.  For information about fees for particular services visit info@instantremedys.com.

 

8.  Termination of IR Services and Accounts

We may terminate any IR Service at any time by giving you notice of such termination within the time period specified when you joined the particular IR Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable IR Service.

We may also terminate your Account(s) (and access to all related entitlements) for violation of this COU, illegal or improper use of your Account, or illegal or improper use of IR Services, products, or IR's Intellectual Property. You may lose your user names and personas as a result of Account termination. If you have more than one Account, IR may terminate all of your Accounts and all related entitlements. We may issue you a warning, or IR may immediately terminate any and all Accounts that you have established. You acknowledge that IR is not required to provide you notice before terminating your Account(s).  If IR terminates your Account, you may not participate in an IR Service again without IR's express permission.  To request a new Account in an IR Service, once your account has been terminated, contact info@instantremedys.com. IR reserves the right to refuse to keep Accounts for, and provide IR Services to, any individual.  You may not allow individual who’s Account(s) have been terminated by IR to use your Account.

If your Account, or a particular subscription for an IR Service associated with your Account, is terminated, no refund will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or entitlements associated with your Account or the particular IR Service (such as points, tokens or other digital items).

 

9.  Cancellation of your Account

You have the right to cancel your Account or a particular subscription to an IR Service at any time.  If you do not agree to the terms in this COU, your sole remedy is to not use IR Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with IR, including any dispute related to, or arising out of: (1) any term of this COU or IR’s enforcement or application of this COU; (2) the Content available through IR Services or any change in Content provided through IR Services; (3) your ability to access and/or use IR Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for IR Services.

Contact IR's Customer Service Department at info@instantremedys.com to cancel your Account. We reserve the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to an IR Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with IR Services must be settled before you establish a new IR Account.

 

10.  Rules of Conduct.

You may violate the COU if you:

Ø  Establish an account on the IR website, applications or any IR service while under the age of 18

Ø  Post, transmit, promote, or distribute Content that is illegal.

Ø  Harass, threaten, embarrass, or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.

Ø  Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.

Ø  Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting (all caps) in an attempt to disturb other users, “spamming” or flooding (posting repetitive text).

Ø  Impersonate another person; indicate falsely that you are an IR employee or a representative of IR, or attempt to mislead users by indicating that you represent IR or any of IR's partners or affiliates.

Ø  Attempt to get a password, account information, or other private information from anyone else on an IR Service.

Ø  Upload any software or Content that you do not own or have permission to freely distribute.

Ø  Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.

Ø  Upload files that contain a virus or corrupted data.

Ø  Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.

Ø  Improperly use support or complaint buttons or make false reports to IR staff.

Ø  Modify any part of the IR Service that IR does not specifically authorize you to modify.

Ø  Post or communicate any player’s real-world personal information using an IR Service.

Ø  Attempt to interfere with, hack into or decipher any transmissions to or from the servers for an IR Service.

Ø  Attempt to use IR Software on or through any service that is not controlled or authorized by IR.

You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use IR Services. We reserve the right to terminate your Account and to prevent your use of any and all IR Services if your Account is used to engage in illegal activity or to violate this COU.

If you encounter another user who is violating any of the Rules of Conduct, please report this activity to IR customer service at info@instantremedys.com.

 

11.  Software, Utilities and Tools

Some IR Services may require or allow you to download software, software updates or patches, or other utilities and tools from IR or its licensors onto your computer (“Software"). If that is necessary, IR grants to you a non-exclusive, limited license to use Software solely for the purpose stated by IR at the time the Software is made available to you.  If an End User License Agreement is provided with the Software, your use of the Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Software. You may not modify Software or use it in any way not expressly authorized in writing by IR. You understand that IR’s introduction of various technologies may not be consistent across all platforms and that the performance of Software and related IR Services may vary depending on your equipment.

From time to time, IR may provide you with updates or modifications to Software.  You understand that certain updates and modifications may be required in order to continue use the Software and IR Services.

 

12.  Limitations on Warranty and Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF IR SERVICES, SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK.  IR SERVICES, SOFTWARE, IR’S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. IR PROVIDES IR SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE IR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT IR WILL HAVE ADEQUATE CAPACITY FOR IR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH IR OR ITS LICENSORS IS TO STOP USING IR SERVICES, AND TO CANCEL YOUR IR ACCOUNT.  YOU ACKNOWLEDGE AND AGREE THAT IR, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON IR SERVICES OR USE OF IR SOFTWARE. IN NO CASE SHALL IR OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "EMPLOYEES ") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO INSTANT REMEDY FOR IR SERVICES. IN NO CASE SHALL IR OR ITS EMPLOYEES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF IR SERVICES, SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF IR SERVICES OR ACCOUNTS.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, IR’S EMPLOYEES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.  IR DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH IR AND 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.  IR MAKES NO GUARANTEES THAT THIRD PARTY CELLULAR AND OTHER TELECOMMUNICATIONS TECHNOLOGY OR SERVICE WILL ALWAYS PERFORM AT PEAK FUNCTION, AND IS IN NO WAY RESPONSIBLE FOR THE FAILURE OF AN IR PRODUCT NOT FUNCTIONING AS DESIGNED DUE TO TELECOMMUNICATION FAILURES OR DELAYS.

Notwithstanding the foregoing, nothing contained in this COU limits IR’s liability to you for fraudulent misrepresentations or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.

 

13.  Indemnification

Upon IR's request, you hereby agree to defend, indemnify and hold harmless IR and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these COU for which you are responsible or in connection with your distribution of any Content on or through IR Services. Without limiting the generality of the foregoing, you agree to indemnify and hold IR harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account.  You agree that you will be personally responsible for your use of IR Services and for all of your communication and activity on IR Services, including any Content you contribute, and that you will indemnify and hold harmless IR, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on IR Services, including any Content that you contribute.

We reserve the right, at IR’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to IR in that matter. This Section shall survive termination of this COU.

 

14.  Links to Third-Party Sites

IR Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. IR does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

 

15.  Beta Tests

In its sole discretion, IR may contact you to review and evaluate one or more applications, aspects of applications, or online features prior to commercial release for the purpose of identifying program errors.  You will be asked to provide to IR (and to IR only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the application(s) or site feature(s).  This process is known as a “Beta Test.”  You must sign and return to IR a Pre-Release Software Confidentiality Agreement (“Confidentiality Agreement”) for each specific Beta Test BEFORE you will be allowed to be a tester (“Tester”) and BEFORE any software will be provided or made accessible to you.  Your participation as a Tester is subject to the Confidentiality Agreement and the following terms and conditions.

In connection with the Beta Test, IR may provide you, on a temporary basis, a pre-release copy of an application or access to a feature on the IR site.  You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of IR.  You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement.

You will carry out the testing personally and not provide access to pre-release materials to any other person. You agree that breach of the above obligations will cause irreparable harm to IR, and IR is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta applications confidential will continue until IR publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the application(s) and the Content that you are testing.

Upon request, you agree to immediately return to IR all copies of the pre-release copy and confidential or proprietary information IR provided to you.

As a Tester, you are invited to play beta applications for the sole purpose of evaluating the applications and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta applications or Content that you find here. The beta applications are provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied.

By initiating the application, you agree that: (i) using beta applications is at your own risk and you know that the application may include known or unknown bugs, (ii) IR has no obligation to make these applications available without charge for any period of time, nor to make them available at all, (iv) these applications may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) IR’s Conditions of Use apply to your use of the application during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta application confidential as stated above and not disclose such information to any other person.

Beta Test accounts are non-transferable under any circumstances.

 

16.  General Terms

a. Remedies.  You agree that this COU is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this COU.  You also understand and agree that this COU, the IR Privacy Policy incorporated into this COU, including IR’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

b. Severability.  If any part of this COU is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of IR, and the remaining portions shall remain in full force and effect.

c. Waiver. The failure of IR to exercise or enforce any right or provision of this COU will not constitute waiver of such right or provision.  Any waiver of any provision of this COU will be effective only if in a writing signed by IR.

d. Governing Law.  If you reside in the United States: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this COU and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with IR, arising out of or relating in any way to your Account(s) or your use of IR Services, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving IR or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.  As noted above, your conduct may also be subject to other local, state and national laws.

 

17.  Entire Agreement

The COU (including the IR Privacy Policy incorporated by reference into this document) and any posted rules or instructions regarding a particular application, game, or activity constitute the entire agreement between you and IR relating to your rights and obligations in the use of IR Services. If there is any conflict between the COU and any other rules or instructions posted on an IR Service, IR shall resolve the conflict in its sole discretion.