1.1 By registering for the Irvinei app, you agree to be bound by the terms of these Terms. Irvinei has the right to modify these Terms at any time. Any changes to these Terms will be reflected in the app.
1.2 We retain the right to modify these Terms at any time, including during the course of an existing contractual relationship.
2.1 Registration is mandatory. To register, you must supply and maintain correct information about yourself, which may include the following: (i) your name; (ii) your system identification number; and (iii) an e-mail address. You represent and warrant that you are at least 18 years old and that you will submit and maintain accurate and full User Information. Irvinei has the right to terminate your account if you give erroneous or incomplete information to Irvinei. Additionally, you guarantee that you have the legal authority to use and access the Irvinei Services. Wherever forbidden by law, these Terms are null and invalid, and the ability to access the Irvinei Services is withdrawn in such places.
During the Irvinei Service’s registration procedure, you will generate a password and account designation. You are entirely responsible for the security of your password and account, as well as for all actions that occur under your password or account. You acknowledge that you will perform the following:
(a) promptly tell us of any unauthorized use of your password or account or any other breach of security, and
(b) ensuring that you log out of your account at the conclusion of each session.
Irvinei shall not be liable for any loss or damage incurred as a result of your non-compliance. Irvinei has the right to deny registration or to cancel Irvinei account designations at its sole discretion.
4.1 The Irvinei Services enable you to access third-party media material (“Third-Party Content”) over which we have no editorial or programming control. You are aware of the following:
(a) Third-Party Material Providers may at any time restrict or withdraw access to their content;
(b) To the extent permitted by applicable law, we disclaim responsibility for and editorial control over Third-Party Content; and
(c) Irvinei has no control over how Third-Party Content is distributed.
4.2 You acknowledge and agree that Irvinei shall have no obligation to you or anyone else who uses your Irvinei System for any Third-Party Content. Additionally, you agree and declare that all Third-Party Content accessed or transmitted via the Irvinei Services is for your personal, non-commercial use and that the Irvinei Services will not be used to illegally duplicate, display, or otherwise exploit Third Party Content. Generally, prior to displaying, utilizing, or duplicating Third Party Content, consent from the relevant rights holder is required. Unauthorized reproduction or distribution of copyrighted works may constitute a violation of the rights of copyright holders.
To the extent permitted by applicable law, Irvinei reserves the right, without prior notice or user consent, to modify, add, or delete features and functionality of the Irvinei Services. Irvinei is not obligated to offer any or all features and functionality for your Irvinei System and has the right to terminate providing software updates for particular Irvinei Systems at its discretion.
6.1 In order to access the Irvinei Services, your Irvinei System must have an always-on, broadband internet connection.
6.2 The Irvinei services are available to those who are at least 18 years of age. Due to the fact that the Irvinei services may allow access to video or photographs containing graphic content, such as portrayals of violence, sex, or substance misuse. All users under the age of 18 are cautioned to take caution.
You acknowledge that any information, data, text, software, pictures, video, messages, tags, feedback, comments, questions, and other materials (“Content”), whether publicly displayed or privately communicated, are the exclusive responsibility of the individual from whom such Content originated. This means that you, not Irvinei, are fully liable for all Content that you record, upload, post, email, transmit, or make public using the app.
Irvinei makes no claim to the Content you submit or make accessible for use on the Irvinei Services. Nonetheless, you grant Irvinei the following worldwide, royalty-free, nonexclusive, perpetual, irrevocable, sublicensable, and transferable license(s), as applicable: the license to use, distribute, reproduce, modify, adapt, create derivative works of, publicly perform, and publicly display such Content on the Irvinei Services solely in connection with providing you the Irvinei Services, as permitted through the functionality of the Irvinei Services and under these Terms. You thus authorize Irvinei to retain a copy of the Content (together with any associated intellectual property rights) for archiving and legal purposes. Additionally, you hereby give and will grant each user of the Irvinei Services a non-exclusive license to access and use your Content via the Irvinei Services, exclusively as authorized by you and under these Terms and the functionality of the Irvinei Services and Irvinei.
A broadband Internet connection is required to access the Irvinei Services. You are responsible for any service charges incurred by your internet connection or data plan as a result of using or accessing the Irvinei Services and acknowledge and agree that you will be solely responsible for any disputes with your internet service provider or cell phone provider regarding the same. Streaming and watching recorded videos, as well as the usage of applications, may incur additional and significant charges on devices with a data plan. Irvinei is not responsible for the availability, functionality, or pricing of any broadband internet connection or other data package and makes no such warranties.
You may only access and utilize the Irvinei Services if your Irvinei System is permitted to interact with the Irvinei app. You undertake not to tamper with or change the Irvinei System in any way. Irvinei Services are for your personal, non-commercial use only and may not be resold in whole or in part. Except as specifically stated in these Terms, neither the Irvinei Services nor the right to receive them may be transferred. By utilizing the Irvinei Services, you consent to receiving any software updates or upgrades that Irvinei delivers to your Irvinei System. If you disable the Irvinei System’s automatic upgrading capability, certain functionality may be impaired. Even if you disable your Irvinei System’s automatic upgrade option, Irvinei may still perform important Irvinei System upgrades; Irvinei application updates for your iPhone, iPad, Android phone, or tablet; and Irvinei back-end service updates. If your Irvinei System connects to the Irvinei Websites (regardless of your payment or membership status), you recognize and agree that you are a user of the Irvinei Services and are subject to the terms and conditions set forth in these Terms.
11.1 Without limitation, you may terminate your account and your right to use the Irvinei Services at any time. Irvinei will cancel your account after roughly 5 business days of receiving your request. Certain information may not be immediately deleted from Irvinei’s or its agents’ systems upon account termination, including without limitation log entries, diagnostics, and analytics from user-associated devices; account transaction details; and information subject to search warrants, subpoenas, or other legal process.
11.2 Notwithstanding anything to the contrary in these Terms, Irvinei reserves the right to immediately terminate your account if you violate any provision of these Terms, if you misuse the Irvinei Services, and/or if you modify your Irvinei System or use the Irvinei Services or software in a manner that violates Irvinei’s or any third party’s intellectual property rights.
11.3 Additionally, we reserve the right to cancel your account and these Terms for any reason if the following occurs:
Irvinei notifies you of such termination at least 30 days in advance. Termination of your Irvinei account may result in the forfeiture and destruction of any information linked with it, including Content.
All provisions of these Terms that, by their nature, should survive termination, including, without limitation, ownership provisions, warranty disclaimers, and liability limitations, shall survive termination.
You agree to defend, indemnify, and hold harmless Irvinei and its subsidiaries and affiliates from and against any and all claims, proceedings, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees), including but not limited to claims alleging negligence, invasion of privacy, copyright infringement, and/or trademark infringement against Irvinei and its subsidiaries and affiliates or the Irvinei services, concerning or arising from your breach of any provision of these terms, your misuse of the Irvinei website or Irvinei services, or your unauthorized modification or alteration of Irvinei goods or software.
13.1 Entirety of the Agreement. These Terms comprise the complete agreement between you and Irvinei and govern your use of the Irvinei Services, replacing any prior agreements between you and Irvinei. Additionally, you may be subject to additional terms and conditions when using or purchasing some other Irvinei Services, affiliate services, third-party content, or third-party software.
13.2 Jurisdiction and Forum Selection. To the maximum extent permitted by applicable law, these Terms and the relationship between you and Irvinei shall be governed by the laws of the State of California, without respect for its conflict of laws rules.
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