1. SCOPE OF AGREEMENT
Please take a few minutes to read this Agreement carefully.
Please note: INGNR makes no representations or guarantees that information on the Site is accurate. All content on the Site is provided solely to assist users in exercising their own best judgment and at their own risk. All Services provided by INGNR are neither meant to diagnose, cure, treat any diseases, nor grantee to provide any success in your personal life. INGNR LLC, including the Site and Services, are based, in its entirety, on a game, which is meant for entertainment purposes only.
We will be using our own methods of contacting you to offer an entrance into the Service. We will be collecting some personal information from you, which will be stored on our system. We will only keep such information until you elect to have it removed and no longer wish to participate in the INGNR Service.
3. USER SUBMISSIONS
User Content includes but is not limited to, any text, images, photos, audio, video, location data, ratings, reviews, compilations, messages or other information that is exchanged between you and INGNR LLC. INGNR asks users who submit User Content to affirm that any information in the content is accurate, but INGNR does not verify the accuracy of the information submitted by users.
By submitting User Content to any part of the Site, you represent and warrant that:
• You are the sole author and owner of any intellectual property protected User Content you submit;
• You are solely responsible for any contributions, comments or postings you submit, including any feedback or questions;
• All User Content that you post is accurate;
• You are at least 18 years old;
• Your use of the User Content does not violate this Agreement and will not cause injury to any person or entity;
• You have not been offered, have not accepted, and are not entitled to receive any compensation in any form and from any party in connection with submitted User Content; and
• You will indemnify, defend and hold harmless INGNR, its officers, directors, employees and agents from any third party claim(s) and any damages, losses or injuries resulting from the display of your User Content and the use of any INGNR Services
You further agree and warrant that you will not:
• Submit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
• Submit any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
• Submit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Submit any User Content that is false or misleading;
• Use the Sites and INGNR Services for sales and marketing purposes;
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Invade another’s privacy in any way, including posting another's personal details without their prior permission;
• Manipulate identifiers in order to disguise the origin of any User Content submitted;
• Act in a manner that affects other users' ability to engage in real time exchanges;
• Intentionally or unintentionally violate any applicable local, state, provincial, national or international law.
You acknowledge that INGNR and its affiliates have the right in their sole discretion, to remove, refuse, move, edit or delete any User Content submitted, regardless of whether such content violates this Agreement and have the sole right to cancel your Services that may be provided to you.
Any submission to the Site and to Services will be deemed and remain the property of INGNR. By submitting User Content to the Site and Services, you hereby grant INGNR and its affiliates a royalty-free, perpetual, irrevocable, world-wide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the User Content in any media or medium, form, format or forum.
4. INGNR INTELECTUAL PROPERTY
INGNR retains all right, title and interest, including all intellectual property rights, in and to the information and content on the Site and Service, including, without limitation, any text, graphics, logos, buttons, icons, images and audio clips (INGNR Content). In addition, this Agreement grants you no right, title, or interest in any intellectual property owned or licensed by INGNR, including INGNR's registered trademarks, service marks, logos, brand names, trade dress and trade names ("Trademarks).
You have no rights in or to such INGNR Content or Trademarks and you will not use any INGNR Content or Trademarks, except as specifically permitted under this Agreement. You may not do or allow anyone else to do anything with the INGNR Content or Trademarks which is not specifically permitted under this Agreement. You may not use or display INGNR's Trademarks in any manner without INGNR's prior written consent. Unless we specifically consent in writing, INGNR's Trademarks may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion, or in any manner that disparages or discredits INGNR.
Unless otherwise specifically set forth on the Sites or unless written consent is provided, you may only use and access, download and copy the INGNR Content for your personal, non-commercial use, and you will not alter, erase or otherwise obscure our copyright, trademark, proprietary or other notices on the INGNR Content. You acknowledge and agree that the INGNR Content is made available for informational and educational purposes only and is provided to assist you in exercising your own judgment. INGNR Content is not a substitute for legal advice or your best judgment. The accuracy of INGNR Content is not guaranteed, and INGNR makes no representation or warranty of any kind. Unless otherwise specifically specified on the Sites and Service, such as an INGNR rating or alert, INGNR Content should not be construed as a representation of the opinions of INGNR. INGNR does not give legal advice. Your reliance upon INGNR Content obtained through the Sites and Service is solely at your own risk. All rights not expressly granted in this Agreement are reserved to us.
You expressly agree that the Site and Service may only be used for lawful purposes as governed by any applicable international, national/federal, state, provincial or local laws, statutes, and regulations. You may not use the Site in any way that could result in criminal or civil liability. Use of the Site and Service from outside of the United States shall be in compliance with the laws of the jurisdiction from which you access the Sites.
6. DISCLAIMER OF WARRANTY
INGNR DOES NOT WARRANT OR GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF THE SITES AND DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE SITES. THE SITES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED. INGNR DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE NOT SUBJECT TO EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITES and SERVICE IS ACQUIRED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
You agree to indemnify and hold harmless INGNR and its respective officers, directors, employees, agents, independent contractors or licensors (collectively the "INGNR Parties") from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the INGNR Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) your use of the Site and Service and any material you access using the Site and Service or by any other means; (ii) a third party's use of such material that you access using the Site and Service and make available to such third party; or (iii) your violation of this Agreement or any applicable law. You further agree that you will cooperate fully in the defense of any such claims. INGNR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of the relevant INGNR Parties.
8. LIMITATION OF LIABILITY
Under no circumstances shall INGNR be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, including but not limited to, damages for lost profits, business interruption, goodwill or other intangible losses of any kind arising from or relating in any way to (i) your use of, or inability to use, the Site and Service or the information contained in the Site and Service; (ii) any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; and (iii) any other matter relating to the Site and Service, even if advised of the possibility of such damages.
INGNR may immediately suspend access to the Site and Service and remove and discard any Content you submitted to the Site or Service for any reason if INGNR believes you have violated or acted inconsistently with the terms of this Agreement. Termination of your access to the Site and Service may be effected without prior notice. INGNR will not be liable to you or any third-party for termination of your access to the Sites and Service.
Your use of the Site and Service does not create, and nothing contained in this Agreement will be deemed to establish, an employment, agency, franchise, joint venture or partnership relationship between you and INGNR. Use of the Site and Service does not provide you with the authority to enter into any agreements for or on behalf of INGNR. Moreover, use of the Site and Service does not grant you the authority, either express or implied, to incur obligations or liability on behalf of INGNR. By using the Site and Service, you agree that no attempts to subject INGNR to any such obligations or liability will be made.
Failure by INGNR to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
12. CHOICE OF LAW AND DISPUTE RESOLUTION
This Agreement and all other aspects of your use of the Site and Service shall be governed by and construed in accordance with the laws of the Commonwealth of Texas, U.S.A., without regard to its conflict of laws rules. You agree that you will notify INGNR in writing of any claim or dispute concerning or relating to your use of the Site and Service and give INGNR a reasonable period of time to address it before bringing any legal action, either individually or as a class member against INGNR. You agree to submit to the personal jurisdiction of the state and federal courts located in the City and County of Harris, Texas, U.S.A.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
INGNR reserves the right to modify this Agreement at any time, with or without notice to you. Thus, you should check the Agreement periodically for changes. You agree that INGNR will not be liable to you or any third party for any modifications to the Agreement.
15. SECTION HEADINGS
The headings of Sections in this Agreement are provided for convenience only and will not affect its construction or interpretation.
This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties to this Agreement and their respective successors and assignees. Neither the course of conduct between the parties to this Agreement nor trade practice shall serve to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved.