IMPORTANT – BY REGISTERING, DOWNLOADING, INSTALLING, AND USING OUR PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.
This end user license agreement (hereinafter “License”) is between you (“you”) and myIPRM in exchange for your use of the Site and the App (hereinafter “the Products”), you agree as follows:
1. License
a. You acknowledge that you have only a non-exclusive and limited right to use the object code version of the Products for personal or non-commercial purposes within the validity period of the agreement. You may not reverse engineer, decompile or disassemble the Products or attempt to gain access to the source code for the Products, except and only to the extent that it is expressly permitted by applicable law, and to the extent applicable law permits contractual waiver of such right, you hereby waive your rights to do so.
b. You will not transfer or assign the Products or this license and/or any rights or obligations hereunder without the prior written consent of myIPRM.
c. Your rights under this license will automatically terminate if you breach any of your obligations under this license. Upon termination of this license, you will destroy all copies of the Products promptly after such termination.
d. All rights not expressly granted are reserved by myIPRM.
2. User Account
a. You may login to myIPRM with your account to use our Product and Services.
b. You may register an account and submit the required information in order to access to the Product and Services offered by myIPRM. You are responsible for safeguarding the password or credentials that you use to access the Products and for any activities or actions under your account. We cannot and will not be liable for any loss or damage arising from your failure to manage your account or keep your account and password information safe and secret.
c. myIPRM reserves the right to terminate any user account for breach of this license or any infringement on third party right or any violations of applicable laws and regulations.
3. Infringement Indemnity; Limited Warranty; Limitation of Liability
a. Neither myIPRM, nor its affiliates, subsidiaries nor the Licensors will have any liability for any claim based upon or arising out of (1) Intentional or negligent acts of anyone other than the provider of the Products; or（2）the combination, operation or use of the Products with any equipment, devices or software not supplied by myIPRM, or（3）the alteration or modification of the Products.
b. myIPRM does not represent or warrant that the Products will operate without interruption or will be error free. Especially in the following cases:（1） modification or alteration of the Products made without the prior written approval of myIPRM, and（2) accident, neglect, misuse or abuse, or（3）exposure to conditions outside the range of the environmental, power and operating specifications provided by myIPRM.
c. To the full extent permitted by law, this section states the entire liability of myIPRM, its affiliates, subsidiaries and the Licensors and your sole remedy with respect to any claim of infringement.
d. Except as expressly set forth in this license, neither myIPRM, its affiliates, subsidiaries nor the Licensors make any other warranties, express or implied including any implied warranties of merchantability and fitness for a particular purpose. myIPRM, its affiliates, subsidiaries and the Licensors expressly disclaim all warranties not stated in this license. Any implied warranties that may be imposed by law are limited to the terms contained in this license to the maximum extent permitted by law.
e. To the maximum extent permitted by law, in no event will myIPRM, its affiliates, subsidiaries and the Licensors be liable for damages or losses for any cause whatsoever, and regardless of the basis of the claim or action caused by you.
4. User Content and License
a. You understand, agree, and acknowledge that the content submitted, publicly posted or privately transmitted by any user of myIPRM (“User Content”) is not and shall not be under the control of myIPRM and for which myIPRM cannot take responsibility. The person who originated such User Content shall solely hold all liability for the content.
b. Any use or reliance on any User Content posted via the Products and its services by you is at your own risk. myIPRM does not represent or guarantee the completeness, truthfulness, accuracy or liability of User Content posted on the Products.
c. The user of myIPRM may be granted a limited, non-exclusive, non-transferable, non-sublicense, non-commercial license to access and view the User Content on its Products and services. myIPRM is entitled to terminate such license if you breach this agreement or is found in violation of any applicable laws and regulations.
5. User Content Restrictions
a. You understand and agree that upon submitting or posting your User Content on or through myIPRM and its service, such content may be distributed, viewed and accessed and commented on by others. myIPRM will not be responsible for or be held liable for any use of your User Content.
b. You hereby represent and warrant that you legally have the rights, power or authority to your User Content and to grant the rights as set forth in section 4. You also represent and warrant that your User Content is yours or any other’s use of your content will not infringe, misappropriate the third party intellectual property rights, rights of publicity or privacy, or will not be in violation of any applicable law and regulation.
c. Any user and the User Content of myIPRM and its service shall be prohibited from:
Sexually Explicit Material: Comments contain pornography are prohibited; this includes sexually explicit or erotic content, icons, titles, or descriptions.
myIPRM has a zero-tolerance policy against child sexual abuse imagery. If we become aware of content with child sexual abuse imagery, we will report it to the appropriate authorities and delete corresponding Accounts.
Violence and Bullying: Depictions of gratuitous violence are not allowed. User Comments shall not contain materials that threaten, harass or bully other users.
Hate Speech: User Content and Comments shall not advocate against groups of people based on their race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity.
Sensitive Events: User Content and Comments which may be deemed as capitalizing on or lacking reasonable sensitivity towards a natural disaster, atrocity, conflict, death, or other tragic event are not allowed.
Any user of myIPRM shall not use these products and their services in unlawful activities.
Infringement on third party’s rights, including copyright, trademark, privacy and publicity rights are prohibited.
We reserve the right from time to time to remove and refuse to post, distribute any User Content on the Products at myIPRM’s sole discretion. We also are entitled to suspend or terminate any accounts posting content that fails to be in compliance with this license without any liability.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of myIPRM, its users and the public. Notwithstanding the foregoing, myIPRM does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.
6. Privacy Policy
We provide a privacy policy that is an important part of this agreement; please read and agree to this policy before installing and running the product.
7. Comments and Copyright Policy
a. You may post reviews, comments, and other contents in myIPRM as long as such materials is/are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, or any form of “spam.” myIPRM takes no responsibility and assumes no liability for any content or comment posted by you or any third party but reverses the right to remove the illegal contents or comments at any time.
b. Copyright Policy. Any end user should not use myIPRM for infringement on the intellectual property rights of others, (including without limitation to patent, trademark, trade secret, copyright, and other proprietary rights), and if you, the copyright owner or an authorized representative, believe that any content infringes on your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the information as follows:
A physical or electronic signature of a person authorized to act on behalf of the owner or an agent of an exclusive right that is allegedly infringed;
Identification of the copyright claimed to have been infringed;
Identification of the material that is claimed to be infringing, and where it is located in the Products;
Information reasonably sufficient to permit the service provider to contact you;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and;
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. We respect the intellectual property rights of others and will respond to clear notices of alleged infringement. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
8. General Terms and Conditions
a. This license constitutes the entire agreement between you and myIPRM with respect to the subject matter hereof.
b. myIPRM may assign this license or any of the rights or obligations hereunder, and any causes of action arising hereunder, to any third party without necessity or obligation of notice to you. The waiver or failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further right hereunder. The invalidity or unenforceability of any provision of this license will not affect the validity or enforceability of any other provision, the remaining provisions being deemed to continue in full force and effect.
c. myIPRM will not be responsible for any failure to perform its obligations under this license due to circumstances beyond its reasonable control, including without limitation acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, flood or accidents. You agree that myIPRM will be entitled to all legal and equitable remedies otherwise available to it to protect the intellectual property, proprietary rights and Confidential Information of itself and its Licensors, including, without limitation, the right to seek and obtain injunctive relief and enforce the same against you without the necessity of having to post bond or other such guarantee.
d. This license will in all respects, be governed by the laws of the State of Michigan, United States of America, without regard to the principles of conflict of law. All disputes arising from or in connection with this license must be commenced in the state or federal courts located in Lansing Michigan, United States of America (and you consent to the jurisdiction of those courts). In any such action, myIPRM and you irrevocably waive any right to a trial by jury.
9. SUBSCRIPTION RENEWAL
If you select an auto-renewing subscription membership option, payment will be charged to your iTunes Account at confirmation of purchase and your myIPRM subscription will automatically renew (at the duration selected) unless auto-renew is turned off at least 24 hours before the end of the current period; your card will be charged for renewal through your iTunes account within 24-hours prior to the end of the current period.
You can turn off an auto-renewing subscription at any time from your iTunes Account Settings, but refunds will not be issued for any unused portion of the term. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription, where applicable.
10. CONTACT
If you have any questions or comments about myIPRM, please contact us at support@myiprm.com