You agree that by clicking “Join Now”, “Join IIMPRINT XP”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with IIMPRINT XP (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
This contract applies to IIMPRINT XP, IIMPRINT XP-branded applications, communications and other services that state they are offered under this Contract (“User Agreement”), including the offsite collection with IIMPRINT XP plugins. Registered users of our Services are “Members” and unregistered users are “Visitors”.
You are entering into this Contract with IIMPRINT XP (also referred to as “we” and “us”).
1.2 Members & Visitors
When you register and join the IIMPRINT XP Services, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor”.
2.2 Service Eligibility
The Services are not for use by anyone under the age of 10.
To use the services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one IIMPRINT XP account, which must be in your real name; and (3) you are not already restricted by IIMPRINT XP from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 10.
“Minimum Age” means 10 years old. However, if law requires that you must be older in order for IIMPRINT XP to provide our Services to you with parental consent (including using of your personal data) then the Minimum Age is such older age.
2.3 Your Account
Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and our list of Dos and Don’ts and Professional Community Policies. You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others, your account belongs to you. However, if the Services were purchases by another party for you to use (e.g. Recruiter seat bought by your employer), the party for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
2.4 Notices & Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Our Services allow messaging and sharing of information in many ways, such as your profile, articles, group posts, links to news articles, job postings, messages and internal messages. Information and content that you share or post may be seen by other Members, Visitors or others (including off of the Services). Where we have mad settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addresses, sharing content only to IIMPRINT XP connections, restricting your profile visibility from search engines, or opting not to notify others of your IIMPRINT XP profile update). For job searching activities, we default to not notifying your connections network or the public. So, if you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the job poster.
We are not obligated to publish any information or content on our Service and can remove it with or without notice.
3.1 User Content
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent to us that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk from your actions. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate or available.
4.1 Intellectual Property Rights.
The Services may contain Content specifically provided by us, our partners or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You shall abide by all copyright or other legal notices, information, and restrictions contained in any Content accessed through the Services (“Protected Content”). The trademarks, logos, trade names, trade dress, and service marks, whether registered or unregistered (collectively the “Trademarks”) displayed on the Services are Trademarks of IIMPRINT XP and its third party partners. Nothing contained on the Services shall be construed as granting by implication or otherwise, any license or right to use any Protected Content or Trademarks displayed on the Services without the written permission of IIMPRINT XP or such third party that may own the Protected Content or Trademarks.
Any unauthorized commercial use of the Content or Trademarks will violate the intellectual property rights of IIMPRINT XP and/or third parties associated with IIMPRINT XP and will be subject to IIMPRINT XP’s and/or those third party’s full legal rights and remedies.
5.1 Disclaimer and Limit of Liability
IIMPRINT XP AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IIMPRINT XP AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.2 Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS IIMPRINT XP HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), IIMPRINT XP, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
IIMPRINT XP AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO IIMPRINT XP FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000.
4.3 Basis of the Bargain; Exclusions
The limitations of liability in this Section 4 are part of the basis of the bargain between you and IIMPRINT XP and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if IIMPRINT XP or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.