iConji

iConji Terms of Use

iConji Terms and Conditions of Use

Over the Sun, LLC, a Colorado limited liability company (herein referred to as the “Company,” “we” or “us”) provides the iConji™ messaging system and other related services (the “Services”) through its website at www.iconji.com or app.iconji.com (collectively, the “Site”) for use on the web, in connection with iConji™ mobile device software applications, and through applications on third party sites such as Facebook. By using the Site or the Services you agree to be bound by these terms of use (the “Terms”). The Company reserves the right to amend, modify or revise these Terms at any time; such amendments will become effective upon the Company posting the Terms as revised on the Site and using commercially reasonable means to attempt to give notice to users of the iConji software application such as via text message or email that the Terms have changed. You are encouraged to review these Terms from time to time. By your continued use of the Site or the Service you accept and agree to be bound by the revised Terms as posted on the Site at the time of your use. If you do not agree with any change to these Terms of Use you should discontinue your use of the Site and the Service.

iConji Services and Registration.
The Company provides the Services without charge, however, certain services or features of the Services can only be accessed by registered users, including the iConji software application and certain applications through third party vendors may require the payment of a fee. You may only have one user account and must provide the Company your legal first and last name, a user name, your email address, your preferred language, and password at the time of registration. You may not create a user account on behalf of any other person or entity. You may also login to the Services using your Facebook login information through Facebook Connect. You may only use the iConji messaging system to communicate with other iConji registered users. You may search for other users by their user name or send invitations for them to join your iConji network by providing their email address. The Company will send an email request to join your network to each email address provided. You hereby represent and warrant that you personally know each individual that you invite to join your iConji network when you provide his/her email address or user name.

The Company reserves the right, in its sole and exclusive discretion, at any time and from time to time to modify any or all of the Services without liability of any kind. The Company further reserves the right to suspend or terminate the Services in whole or in part, at any time in the Company’s sole and exclusive discretion. Such right includes the right to terminate any user’s rights to use the Site or the Services in the event of user misconduct or threats or allegations thereof, excessive Site or Services traffic which prohibits other user’s normal use of and access to the Site or the Services, or any violations of these Terms, as determined by the Company in its sole and exclusive discretion.

User Conduct and Obligations
You agree to use the Site and Services only for lawful purposes and agree to follow all applicable laws and regulations of the United States and any state in which you reside that are in effect and that may be in effect in the future when using this Site. Furthermore, you agree to the following:

1. you shall not use the Services to transmit any content that is: unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
2. you shall not engage in activity that may disseminate any computer viruses or other programs, files or code designed to interrupt, destroy, gain access to or limit the functionality of any computer software or hardware or telecommunications equipment, specifically including but not limited to, Trojan horses, time bombs, or any other harmful programs;
3. you shall not disseminate or transmit any content or other materials through use of the Services or the Site that constitutes unsolicited advertising, promotional materials, surveys, spam, junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
4. you shall not disrupt or place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site, the Services, or any supporting computer systems, servers or networks;
5. you shall not sell access to or the use of the Services, except as specifically permitted in writing;
6. you shall not sell, offer for sale or advertise any guns, weapons, ammunition, drugs, alcohol, pornography, or any illegal goods or services through use of the Services;
7. you shall not redistribute any content of this Site, in any manner whatsoever including by means of printed publication, fax, web pages, e-mail, or any other electronic or paper based methods;
8. you shall not use the iConji characters with any other software program or through any other medium; modify or create derivative works of the iConji characters; or copy or publicly display the iConji characters other than in connection with the use of the Services for the purposes set forth and as permitted per the terms of the end user iConji application license agreement; and
9. you shall not impersonate any other person or misrepresent to the Company or any other user your true legal identity; you shall not use the Services in a fraudulent, deceitful or deceptive manner.

The foregoing prohibitions expressly include, but are not limited to, screen scraping, or any other practice or activity whose purpose is to obtain lists of data or content, portions of data or databases, or other lists or information from the web site, in any manner or in any quantity not specifically authorized in writing by the Company.

You may report violations of these Terms by contacting the Company at www.iconji.com/contact/

Relationships with Third Parties; Consent to Collect and Share Aggregate Information
You acknowledge and agree that your dealings with any third parties, including any mobile app stores, advertisers, or other parties, found on, or accessed through this Site, or which provide access to the Services and any of their products or services, are solely between you and such third parties and the Company shall not be liable for any loss or damage related to your use or interaction with any of the foregoing. Your activities on third party websites are governed by the terms and privacy policies of that site and not by these Terms.

You understand and acknowledge that some of the services that may be or become accessible on this Site may be provided by third parties and that in certain instances, the Company may receive advertising, sponsor or license fees and/or other compensation from third parties. For example, iConji characters used to identify a particular brand of product or service may be created by and paid for by the owner of such brand. The Company tracks the use of the iConji characters by users, including use of branded iConji characters. The Company may share, sell, license or exchange the nonpersonally identifying, aggregate information it collects about such use, including information about the date, time, and location of use of the iConji characters to the brand owner. You should review our Privacy Policy for more information about the information we collect and how we use it.

BY YOUR USE OF THE SITE OR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY INTERCEPT, COLLECT, STORE, DISCLOSE, SHARE AND SELL THE AGGREGATE, NONPERSONALLY IDENTIFYING INFORMATION ABOUT YOUR USE OF THE ICONJI CHARACTERS IN THE MESSAGES THAT YOU SEND USING THE ICONJI APPLICATION.

Content
You acknowledge and agree that any content, data, program, Services or software accessible on the Site or through the Services accessed through other third party websites (the “Site Content”) is owned by us, our suppliers, our contributors, and content providers, or is licensed by us and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. We or our suppliers, our contributors, content providers or licensors retain all right, title, and interest in the Site Content. Accordingly, you agree you will not copy, reproduce, transmit, modify, translate, publish, broadcast, perform, display, sell or distribute such Content, other than use of the iConji characters in connection with your use of the iConji software application to transmit messages to others, without the express written consent of the Company or the applicable content provider or licensor. Your license to use of the iConji software application is governed by these Terms and the iConji Application License Agreement agreed to by you at the time of download or registration. We authorize you to view a single copy of the Site Content. You must not delete or alter any copyright or other notice we place on any Site Content. You may not appropriate, distribute, republish, sell, mine, exploit, frame or scrape any of the Site Content, or exploit the Site Content for commercial gain. You may not use Site Content in any way not expressly permitted by these Terms and if you do, your right to use the Site Content will automatically terminate. Site Content and the Site generally, are subject to change or termination without notice. All rights not expressly granted herein are reserved.

iConji characters may be changed, modified, altered, deleted or removed at any time by the Company. The iConji software application on your mobile device will update your library of characters from time to time. iConji does not warrant or represent the accuracy, completeness or appropriateness of any translation of a word, term, phrase or idea represented by an iConji character from one language to another. Please notify the iConji character team at www.iconji.com/support/ if you believe that a translation is not accurate, complete or appropriate. While the Company is under no obligation to change, modify, alter, delete or remove any iConji characters, you may submit requests to the iConji character team at www.iconji.com/support/ requesting alteration or removal if you believe the character is lewd, obscene, vulgar, defamatory, or in any other way infringes your rights. You must submit the following information along with your request for the request to be considered:

• Your first and last name, address, phone number, and email address;
• Your reason for the request, including any rights you believe may be violated; and
• Evidence to support your reason and your standing to make the request.

Technical Support and Force Majeure
During the term of your use of the Services, the Company will provide its active users with commercially reasonable technical support relating to the use of the Services via the Site.  This support is available via www.iconji.com/support/ .  In no event shall the Company be liable for any delays, failures or interruptions in the Services or access to the Site resulting from war, riots, labor difficulties, fire, natural disaster or adverse weather conditions, actions or decrees of governmental bodies, power outages, communications lines failures, interruptions to internet service or disruption of any telecommunication systems or any other event beyond the reasonable control of the Company. Users shall notify the Company immediately of any Service interruptions. The Company shall further not be responsible for mistakes, omissions, interruptions, delays, errors, or defects in the Services caused by the negligence or willful act of a user or by user’s equipment, internet service provider or mobile carrier.

Disclaimer of Warranties and Limitation of Liability
This site and the Services are provided by the Company on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site, including but not limited to the accuracy or appropriateness of any translations of words, terms, phrases, or ideas from one language to another through iconji. You expressly agree that your use of the site and Services is at your own sole and exclusive risk.

To the full extent permissible by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranteis of merchantability, fitness for a particular purpose and NonInfringement. The Company does not warrant that this site, its servers, or messages sent via the Services are free of viruses or other harmful components and the user hereby expressly waives any claims related to the same.

The Company will not be liable for any indirect, incidental, SPECIAL, punitive, or consequential damages of any kind arising from the use of this site or the Services.

Certain state laws do not allow limitations on implied warranties of the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Indemnification by User
You agree to indemnify and hold the Company and its affiliates, business partners, officers, managers, members, employees, representatives and agents harmless from any loss, liability, claim, demand, damage, or expense (including actual legal fees) asserted by any third party relating in any way to your use of this Site or the Services or your breach of any of these Terms. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. This indemnity obligation survives the term of any Services or the termination of these Terms.

Copyright Violations
It is the policy of the Company to terminate registration of any user who repeatedly infringes the copyrights of others and to expeditiously remove or disable access to the alleged infringing material if the Company is given proper notice of the infringement or infringing conduct by the copyright owner. If you believe any materials on the Site (e.g., content, images, text, etc.) infringe your copyright, you may request removal of those materials from our Site by contacting our designated copyright agent (identified below) and providing the following information:

.

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version.
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the use of the materials you notify us about is not authorized by the copyright owner, its agent or the law.
5. A statement that the information that you have supplied is accurate and that "under penalty of perjury" you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Copyright Notices should be submitted by completing the form at www.iconji.com/contact/

Trademark Violations
It is the policy of the Company to terminate registration of any user who repeatedly infringes the trademark rights of others and to expeditiously remove or disable access to the alleged infringing material if the Company is given proper notice of the infringement or infringing conduct by the trademark owner. If you believe any materials on the Site (e.g., content, images, text, etc.) infringe your trademark, you may request removal of those materials from our Site by contacting our designated trademark agent (identified below) and providing the following information:

1. Identification of the trademark and the infringing use of that mark on the Site, including sufficient information to permit us to locate the material such as a description of the event if applicable. Please describe the mark and where possible include a copy of the applicable trademark registration on file with the U.S. Patent and Trademark Office.
2. Your name, address, telephone number and (if available) e-mail address.
3. A statement that you have a good faith belief that the use of the materials you notify us about is not authorized by the trademark owner, its agent or the law, including fair use.
4. A statement that the information that you have supplied is accurate and that "under penalty of perjury" you are the trademark owner or are authorized to act on the trademark owner's behalf.
5. A signature or the electronic equivalent from the trademark holder or authorized representative.

Trademark notices should be submitted by completing the form at www.iconji.com/contact/

Additional Provisions
You expressly agree and personally submit to binding arbitration, to adjudicate and resolve any dispute with the Company, its affiliates, subsidiaries, employees, contractors, officers, members, managers, telecommunication providers and content providers or in any other way relating to the Site or the Services. Any arbitration claims shall be submitted to binding arbitration before the Judicial Arbiter Group, Inc. (“JAG”) located in Denver, Colorado. The parties shall mutually agree to an arbitrator within 10 business days of submission of a claim for arbitration with JAG. If the parties cannot agree to an arbitrator within such time, JAG shall appoint an arbitrator. The initial filing fees shall be paid by the party filing the claim for arbitration. Thereafter, the costs of the arbitration shall be shared equally by the parties, and each party shall be responsible for his or her own attorney fees and costs. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF COLORADO IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.

The Company makes no claims that information on the Site or provided through the Services is appropriate or may be downloaded outside of the United States.  If users access the Site or use the Services from outside of the United States, the user does so at the user’s own risk and are responsible for compliance with the laws of the user’s jurisdiction regarding online conduct and acceptable content.  Personal information that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with our Privacy Policy.  If a user is a non-U.S. user, such user acknowledges and agrees that the Company may collect and use his/her personal information and disclose it to other entities outside the user’s resident jurisdiction.  In addition, such personal information may be stored on servers located outside the user’s resident jurisdiction.  U.S. law may not provide the degree of protection for personal information that is available in other countries.  By providing us with the user’s personal information, such user acknowledges and consents to the transfer of such personal information outside of the user’s resident jurisdiction as detailed in our Privacy Policy.  If the user does not consent to such transfer, he/she may not use this Site or the Services.

These Terms are governed by the substantive laws of the State of Colorado, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by an arbitrator the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

These Terms are subject to revisions by the Company at any time in its sole and exclusive discretion. You agree to be bound by subsequent versions of these Terms as posted on the Site.  You should check regularly to ensure that you are aware of any changes to the Terms. The Company will use commercially reasonable means to attempt to notify you via the Services on your mobile device or via email that the Terms have changed. These Terms apply to you or any of your activities or use of the Site or Services and together with the Privacy Policy and the end user iConji application license agreement constitute the entire agreement between you and the Company regarding the Site and Services and supersedes any and all other terms, representations, promises or discussions. If any provision herein is or should become inconsistent with any present or future law, rule or regulation of any sovereign government or regulatory body having jurisdiction over the subject matter of these Terms, such provision shall be deemed to be rescinded or modified in accordance with such law, rule or regulation. In all other respects, these Terms shall continue to remain in full force and effect.

These Terms will commence upon use of the Site or the Services and will continue in full force until terminated in accordance with these Terms.  The user may terminate these Terms at any time by ceasing all use of the Services and the Site and cancelling the user’s iConji account; provided however that the following provisions shall survive termination Content, Disclaimer of Warranties and Limitation of Liability, Indemnification by User, and these Additional Provisions. The Company may immediately terminate these Terms and any Services and may block user’s access to his/her account without notice in the event a user violates these Terms as determined by the Company. The Company may terminate these Terms and the Services for its convenience with 30 days' prior notice to any active user.

Questions about these Terms should be directed to www.iconji.com/contact/.