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Infinite Innovations, Inc. ("Infinite Innovations,
Inc. ") owns and operates the Infinite Innovations, Inc. service
(the "Service") and the Infinite Innovations, Inc. Search
Toolbar software (the "Software"). Any individual who
wishes to use the Service and Software provided by Infinite Innovations,
Inc. must agree to the terms and conditions set forth in this Infinite
Innovations, Inc. End User License Agreement (the "Agreement"),
which is a binding Agreement between you and Infinite Innovations,
Inc. .
USING THE SERVICE OR DOWNLOADING AND/OR INSTALLING THE SOFTWARE,
INDICATES YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS
OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED HEREIN
BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS
OF THIS AGREEMENT, DO NOT USE, DOWNLOAD AND/OR INSTALL THE SOFTWARE.
You agree to abide by all applicable local, state, national and
international laws and regulations regarding your use of our service.
Our services are only available to individuals who are over thirteen
(13) years of age. If you do not qualify, please do not use our
services.
This Service is designed to appeal to a broad audience. It is your
responsibility, as a parent, to determine whether any portion of
the Service is inappropriate for your child.
Infinite Innovations, Inc. grants you a personal, non-exclusive,
non-transferable and royalty-free right to download, install and
use the Software as permitted under this Agreement. All rights not
expressly granted to you by the foregoing sentence are reserved
by Infinite Innovations, Inc. . You may not use the Software for
any commercial purpose other than in connection with the Service
and as permitted hereunder, and you may not transfer, sell, assign
or convey it to another party without the prior written consent
of Infinite Innovations, Inc. . This Agreement shall continue in
effect until terminated by Infinite Innovations, Inc. or immediately
upon any failure by you to comply with the limitations set forth
in this Agreement.
The Software, Service and Site are the property of Infinite Innovations,
Inc. and are protected by U.S. and international copyright and
intellectual property laws and treaty provisions. All rights to
patents, copyrights, trademarks and trade secrets in the Software,
Service and Site or any modifications to these shall be and remain
in Infinite Innovations, Inc. and/or its licensors. You may not
modify, alter, translate, reverse engineer, decompile, disassemble
or create derivative works based on the Software, Service or information
on the Site, remove any proprietary notices or labels that they
contain or export, sell, license, rent, lease or transfer rights
to the Software, Service or information on the Site.
The Service, and all content included therein, such as text, graphics,
logos, button icons, images, audio clips, and software, is the property
of Infinite Innovations, Inc. or its content suppliers and is protected
by U.S. and international copyright laws. The compilation (meaning
the collection, arrangement, and assembly) of all content on the
Service is the exclusive property of Infinite Innovations, Inc.
and protected by U.S. and foreign laws and international copyright
treaties. The Software is the property of Infinite Innovations,
Inc. and protected by U.S. and international copyright laws. Any
other use, including the reproduction, modification, distribution,
transmission, republication, display, or performance, of the content
on the Service is strictly prohibited.
You acknowledge that the information available through use of the
Software ("Information") originates from the Internet's
World Wide Web ("WWW") and is derived from a wide variety
of sources. Infinite Innovations, Inc. makes no warranty or representation
whatsoever with respect to the Information available through the
Software, and you acknowledge that, among other things, there is
an inherent risk that some Information available on the WWW may
be inaccurate, incomplete, untimely, offensive or inappropriate
under applicable law and you agree to assume all such risks. Additionally,
you acknowledge that your use of the Information outside of the
operation of the Software is subject to the protection of the applicable
U.S. and/or international copyright and other intellectual property
laws.
Infinite Innovations, Inc. shall have the right to change or add
to the terms of this Agreement at any time and to change, discontinue
or impose conditions on any aspect of the Software. Such changes
shall be effective upon posting of the revisions on the Site.
The Software and the Site may contain links to other web sites operated
by third parties ("Linked Sites"). The Linked Sites are
not under the control of Infinite Innovations, Inc. and Infinite
Innovations, Inc. is not responsible for the contents of any Linked
Site or any link contained in a Linked Site, or any changes or updates
to such sites. Infinite Innovations, Inc. is not responsible for
webcasting or any other form of transmission received from any Linked
Site. Infinite Innovations, Inc. is providing these links to you
only as a convenience, and the inclusion of any link does not imply
endorsement by Infinite Innovations, Inc. of the site or any association
with their operators.
THIS SOFTWARE MAY CONTAIN SOFTWARE BUGS WHICH COULD CAUSE UNANTICIPATED
CONSEQUENCES THROUGH ITS USE. YOUR USE OF THIS SOFTWARE IS AT YOUR
OWN RISK. THE SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS"
WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER.
INFINITE INNOVATIONS, INC. DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES
AS TO THE NONINFRINGEMENT, MERCHANTABILITY, SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, ACCURACY OR FITNESS FOR ANY PURPOSE OF
THE SOFTWARE AND THE SERVICE OR THAT THE OPERATION OF THE SOFTWARE
AND THE PROVISION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN
IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE AGREEMENT
PURCHASED THROUGH THE SITE, IS PROVIDED ON AN "AS IS",
"AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR ANY PURPOSE. THE WARRANTY THAT IS PROVIDED IN CONNECTION
WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED
SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT
AND/OR SERVICE, AND NOT BY INFINITE INNOVATIONS, INC. .
INFINITE INNOVATIONS, INC. SHALL IN NO EVENT BE LIABLE TO YOU OR
ANYONE ELSE FOR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART
BY, OR FAILURES, DELAYS OR INTERRUPTIONS OF, THE SOFTWARE AND/OR
THE SERVICE. INFINITE INNOVATIONS, INC. SHALL IN NO EVENT BE LIABLE
TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL
OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS
OR TRADING LOSSES ARISING OUT OF OR RELATING TO THE USE OR INABILITY
TO USE THE SOFTWARE AND/OR THE SERVICE OR ANY DECISION MADE OR ACTION
TAKEN BY YOU IN RELIANCE ON THE SOFTWARE AND/OR THE SERVICE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND THE PROVISION
OF THE SERVICE IS WITH YOU AND SHOULD IT BE DEFECTIVE, YOU ASSUME
THE ENTIRE COST OF SERVICING, REPAIR OR CORRECTION OF SUCH DEFECTS.
NEITHER INFINITE INNOVATIONS, INC. NOT ITS EMPLOYEES, AGENTS OR
SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER
ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING
OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT OR INFORMATION
CONTAINED WITHIN THE SITE. INFINITE INNOVATIONS, INC. IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS
OR THIRD PARTIES, OR THE RISK OF INJURY FROM THE FOREGOING. YOUR
SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT OR
INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE.
INFINITE INNOVATIONS, INC. 'S LIABILITY ARISING OUT OF OR RELATED
TO THIS AGREEMENT, HOWEVER CAUSED, SHALL NOT EXCEED ONE HUNDRED
($100) DOLLARS.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS
AGREEMENT FOR WHATEVER REASON.
A possibility exists that the Software and the Site could include
inaccuracies or errors. Additionally, a possibility exists that
unauthorized additions, deletions and alterations could be made
by third parties to the Software and the Site. Although Infinite
Innovations, Inc. attempts to ensure the integrity of the Software
and the Site, it makes no guarantees whatsoever as to its completeness,
correctness or accuracy. In the event that such an inaccuracy arises,
please inform Infinite Innovations, Inc. (by contacting us) so
that Infinite Innovations, Inc. may try to correct it.
Infinite Innovations, Inc. neither endorses nor is responsible
for the accuracy or reliability of any opinion, advise or statement
made on the Software and the Site by anyone other than authorized
company employee spokespersons while acting in their official capacities.
Under no circumstances will Infinite Innovations, Inc. be liable
for any loss or damage caused by your reliance on information obtained
through the Software and the Site. It is your responsibility to
evaluate the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through the Software
and the Site.
You agree to be solely responsible for all acts or omissions that
occur at your transmissions through the Service. By way of example,
and not as a limitation, you agree not to:
· Restrict or inhibit any other member from using and enjoying the
Software;
· Post or transmit any unlawful, fraudulent, threatening, abusive,
libelous, defamatory, obscene or otherwise objectionable or harmful
information of any kind;
· Without Infinite Innovations, Inc. 's prior written approval,
post or transmit any advertising, promotion or solicitation of goods
or services for commercial purposes;
· Post or transmit materials in violation of another party's copyright
or intellectual property rights;
· Use the Software for any commercial or unlawful purposes;
· Modify, adapt, sub-Agreement, translate, sell, reverse engineer,
decompile or disassemble any portion of the Software and the Site;
· Transmit chain letters, junk or bulk e-mail or spam (commercial
or otherwise); or
· Harvest or collect information about others without their consent;
· Interfere with or disrupt networks connected to the Service or
violate the regulations, policies or procedures of such networks;
· Attempt to gain unauthorized access to the Service, other accounts,
computer systems or networks connected to the Service, through password
mining or any other means;
· Violate any applicable laws or regulations including, without
limitation, laws regarding the transmission of technical data or
software exported from the United States through the Service;
· Interfere with other's use and enjoyment of the Service or use
and enjoyment of similar services.
· Use any device, software or routine to interfere or attempt to
interfere with the proper working of the Site.
While using the Software and the Site, you agree to comply with
all applicable laws, rules and regulations in connection with the
Software and the Site.
Infinite Innovations, Inc. has no obligations to monitor the Software
and the Site. However, you acknowledge and agree that Infinite Innovations,
Inc. has the right to monitor the Software and the Site and to
disclose any information to any third party in order to operate
the Software and the Site properly, to protect itself and its sponsors
and customers, and to comply with legal obligations or governmental
requests. Infinite Innovations, Inc. reserves the right to refuse
to post or to remove any information or materials, in whole or in
part, that are unacceptable, offensive or in violation of this Agreement.
Such prohibition may occur without notice to the member.
Infinite Innovations, Inc. may show you advertisements from third
parties in various forms. Infinite Innovations, Inc. does not make
any representation or warranty with respect to the content of said
advertisements nor any goods or services which may be obtained from
such third parties, and User agrees that Infinite Innovations, Inc.
shall not have any liability with respect thereto. To further enhance
your media viewing experience, Infinite Innovations, Inc. reserves
the right to run advertisements and promotions based on URLs and/or
search terms users enter when navigating the Internet. Infinite
Innovations, Inc. may also include search terms in the search combo
box on the Software, or as a direct search link on the Software,
based on keywords in the title, URL or body of websites you visit
or terms you search for on the world wide web. As part of this Agreement,
you agree to have Infinite Innovations, Inc. change your start
page, search page, auto search option, and default error page to
URLs we select. In order to continue use of Infinite Innovations,
Inc. , Infinite Innovations, Inc. may occasionally verify that
these pages are set to the required URLs and modify them if they
are not. Infinite Innovations, Inc. may collect aggregate statistics
about the URLs and search terms you enter. By accepting the terms
of this License, you agree that we have the right to run such advertisements
and promotions without compensation to you. The timing, frequency,
placement and extent of advertising is subject to change and shall
be determined by Infinite Innovations, Inc. at its sole discretion.
Your business dealings with, or participation in promotions of,
advertisers found on or through Infinite Innovations, Inc. , including
payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with
such dealings, are solely between you and the advertiser. You agree
that Infinite Innovations, Inc. will not be responsible or liable
for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such advertisers
within the Infinite Innovations, Inc. network. You understand and
grant Infinite Innovations, Inc. permission to assign each copy
of the software a unique software identifier code. You also grant
Infinite Innovations, Inc. permission to collect and store information
on your Internet usage habit, including but not limited to information
about every web page you view with the full Uniform Resource Locators
and the content of the web page. You grant Infinite Innovations,
Inc. permission to collect and store information on which toolbar
buttons you click on, your response to advertising, and the search
terms entered on the toolbar.
You agree to defend, indemnify and hold harmless Infinite Innovations,
Inc. against any and all claims, losses, liability costs and expenses
(including but not limited to reasonable attorneys' fees) arising
from your violation of these Terms and Conditions or any third-party's
rights, (including, without limitation, infringement of any copyright
trademark, service mark, trade secrets, right of privacy or publicity
or any other third party right). The terms of this section shall
survive the termination of your relationship with Infinite Innovations,
Inc. .
Any legal controversy or legal claim arising out of or relating
to this Agreement or our services shall be settled by binding arbitration.
Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party. The arbitration shall be
conducted in Belize, as the parties to this agreement agree
to be governed by the laws of Belize. Either party may seek any
interim or preliminary relief from a court of competent jurisdiction
in Belize necessary to protect the rights or property of
party pending the completion of arbitration. The prevailing party
from arbitration shall be entitled to reasonable attorney's fees,
which shall be set forth by the arbitrator(s). Judgment upon the
award rendered may be entered in any court in Belize with
jurisdiction. The decision of the arbitrator shall be final and
binding on the parties. The parties shall bear equally all fees,
costs and expenses of the arbitration, and each party shall bear
its own legal expenses, attorneys fees, and costs of all experts
and witnesses, provided, however, the arbitration panel may apportion
between the parties, as said arbitrator may deem equitable, the
cost incurred by either party. Should either party file an action
contrary to this provision, the other party may recover attorneys'
fees and costs up to one thousand ($1000) dollars.
Infinite Innovations, Inc. reserves the right to immediately terminate
any individual's use of the Software and the Site and/or such member's
member identification and password in its sole discretion with or
without cause. If you wish to terminate your account, your only
recourse is to discontinue use of the account (though you can delete
information from your account at any time). In addition, Infinite
Innovations, Inc. may terminate your account for inactivity, which
is defined as failing to log into the Software and the Site for
an extended period of time, as determined by Infinite Innovations,
Inc. . Upon termination of your account, your right to use the Software
and the Site immediately ceases, and Infinite Innovations, Inc.
shall have no obligation to maintain any content in your account.
Infinite Innovations, Inc. may, at its sole discretion, provide
automatic upgrades to the Software through electronic dissemination
and other means to add capabilities, functionality, or enhancements
and may also include third party applications with its upgrades.
You consent to such automatic updates and agree that the terms and
conditions of this Agreement will apply to all such updates. Unless
explicitly stated otherwise, any new features or applications included
through automatic upgrades, shall be subject to terms of this Agreement.
Infinite Innovations, Inc. does not sell, resell, or license any
of this third party software, and Infinite Innovations, Inc. disclaims
to the maximum extent permitted by applicable law, any responsibility
for or liability related to the third party software. Any questions,
complaints or claims related to the third party software should
be directed to the appropriate vendor. Infinite Innovations, Inc.
makes no representations or warranties of any kind concerning the
quality, safety or suitability of this software, either express
or implied, including without limitation any implied warranties
of merchantability, fitness for a particular purpose, or non-infringement
to the maximum extent permitted by applicable law, in no event will
Infinite Innovations, Inc. be liable for any indirect, punitive,
special, incidental or consequential damages however they may arise
and even if Infinite Innovations, Inc. has been previously advised
of the possibility of such damages. There are inherent dangers in
the use of any software available for downloading on the Internet,
and Infinite Innovations, Inc. cautions you to make sure that you
completely understand the potential risks before downloading and/or
installing any software including the Infinite Innovations, Inc.
software. You are solely responsible for adequate protection and
backup of the data and equipment used in connection with any of
the third party software, and Infinite Innovations, Inc. will not
be liable for any damages that you may suffer in connection with
using, modifying or distributing any of the third party software.
You agree to provide accurate, complete and current information
when you register at the Site. Use of any password-protected area
of the Software and the Site is restricted to the individual who
has been given permission, a member identification and password
to enter such area (the "Authorized Party"). If more than
one individual wishes to use a single member identification and
password belonging to an Authorized party, such Authorized Party
must request permission from Infinite Innovations, Inc. in writing,
it being understood that Infinite Innovations, Inc. shall be under
no obligation to approve any such request. You are entirely responsible
for maintaining the confidentiality of your password and member
identification. Furthermore, you are entirely responsible for any
and all activities that occur under your account. You agree to immediately
notify Infinite Innovations, Inc. of any unauthorized use of your
account.
This Agreement constitutes the complete and exclusive agreement
between you and Infinite Innovations, Inc. with respect to this
Software, the Service and the Site and supersedes any other communication,
including advertising. This Agreement shall be governed by and construed
in accordance with the laws of the country of Belize. Each party
to this Agreement hereby submits to the exclusive jurisdiction of
the courts of the country of Belize, and waives any jurisdictional,
venue or inconvenient forum objections to such courts. In the event
that nay of the provisions of this Agreement shall be held by a
court or other tribunal of competent jurisdiction to be unenforceable,
such provisions shall be limited or eliminated to the minimum extent
necessary so that this Agreement shall otherwise remain in full
force and effect and enforceable.
If any provisions of this Agreement shall be held to be invalid
or unenforceable for any reason, the remaining provisions shall
continue to be valid and enforceable. If a court finds that any
provision of this Agreement is invalid or unenforceable, but that
by limiting such provision it would become valid or enforceable,
then such provision shall be deemed to be written, construed, and
enforced as so limited.
The terms of this Agreement apply to those obligations that survive
any cancellation, termination, or rescission, namely - confidentiality/non-disclosure,
warranty, indemnification, liability and limits thereon, rights
and obligations upon and following termination and assignment.
Infinite Innovations, Inc. 's failure to enforce the strict performance
of any provision of this Agreement will not constitute a waiver
of Infinite Innovations, Inc. 's right to subsequently enforce such
provision or any other provisions of this Agreement. No waiver of
any provision of this Agreement shall be effective unless in writing.
Any headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such action.
In the event of a merger or consolidation of Infinite Innovations,
Inc. , the surviving or new corporation and any subsidiaries are
similarly subject to the rights and obligations of this Agreement.
Infinite Innovations, Inc. shall have the right at any time to
a) change the terms of this Agreement, b) change the Software, the
Service and the Site, including eliminating or discontinuing any
content or feature of the Software, the Service and the Site, restricting
the hours of availability, or limiting the amount of use permitted,
or c) change any fees or charges for use of the Software, the Service
and the Site, including instituting new or increased fees or charges
for the use of the Software and the Site or any feature thereof.
Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including,
but not limited to, posting on the Software and the Site, or by
electronic mail, or by conventional mail. Your use of the Software
and the Site after such notice shall be deemed to constitute your
acceptance of such changes, modifications, additions or deletions.
You are responsible for reviewing this Agreement periodically to
ensure familiarity with the most current version.
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