1. ACCEPTANCE OF TERMS
IF YOU DO NOT AGREE TO ACCEPT THE TERMS IN THEIR ENTIRETY, PLEASE DISCONTINUE YOUR USE OF THE SITE IMMEDIATELY.
If you breach any of the Terms, in addition to any injunctive relief or other available legal remedies, Inspiration, in its sole discretion may immediately terminate your access to this Site.
2. DEFINED TERMS
- "Inspiration": "Inspiration" means Inspiration Software, Inc., the company, whose principal office is located at 9400 SW Beaverton-Hillsdale Hwy, Suite 300, Beaverton, Oregon 97005-3300, USA. means Inspiration Software, Inc., whose principal office is located at 9400 SW Beaverton-Hillsdale Hwy, Suite 300, Beaverton, Oregon 97005-3300, USA.
- Materials: All “Materials” provided by us means all information, data, documents (e.g. examples, white papers, datasheets, how to, help system, FAQs, templates, etc.), downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs, applications and products made available or enabled via the Site by us. These are referred to in this document as the “Materials”.
- User Content: All content or information (such as documents, data files, written text, music, audio files, photographs, other images, templates, or videos) which you may create or post or have access to from other users of the Site is referred to as “User Content”. User Content is the sole responsibility of the person from which the content originated.
- Portal: Access to WebspirationPRO is through Inspiration’s WebspirationPRO.com portal and is referred to in this document as the “Portal”.
3. PROVISION OF SERVICES BY INSPIRATION
We endeavor to innovate constantly to provide the best possible experience for the Site’s users. The Site will from time to time be updated. These updates are designed to improve, enhance and further develop the Site and Materials and may take the form of bug fixes, enhanced or additional functionality, new software modules and completely new versions. You agree to receive these updates (and permit Inspiration to deliver these to you as part of your use of the Site.
You acknowledge that we may stop (permanently or temporarily) providing any features within the Site to you or other users of the Site, generally at our sole discretion, without prior notice to you. We may upon completion of your subscription term, stop (permanently or temporarily) providing the Site to you without prior notice to you.
You acknowledge and agree that while we may not currently have set any upper limit on the number of emails, transmissions or documents that you may send or receive through the Site or on the amount of storage space used for the Site accounts, we may set an upper limit at any time, at our discretion.
We may (but have no obligation to) monitor or review the Site at any time. However, if necessary, in order to comply with applicable law, regulation, legal process or governmental request Inspiration may disclose any information related to your use of the Site or User Content.
4. USE OF SERVICES BY YOU
You will pay any costs and charges, including any telecommunication charges and/or equipment costs that you incur in order to access or use the Site and Materials. In order to access certain services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Site, or as part of your continued use of the Site.
Your information about yourself may be updated once you have an account by clicking “My Account Settings” on the WebspirationPRO personal starter screen, , or you can edit and correct your personal information by writing to Inspiration at:
Inspiration Software, Inc.
9400 SW Beaverton-Hillsdale Hwy, Suite 300
Beaverton, Oregon 97005-3300
You agree to access the Site through the WebspirationPRO portal and to use the Site and Materials only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries.)
You agree that you will not reproduce, duplicate, copy, sell, trade, lease or resell the Site or Materials for any purpose. You also agree to use the Site only to access, create, download, upload, utilize, post, send or receive User Content in an appropriate manner. Some examples of improper use of the Site or Materials include:
a) Accessing or attempting to access another user’s account, password or computer through any automated means (including use of scripts or web crawlers), or by hacking, password mining or other means;
b) Collecting, harvesting, mining or engaging in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
c) Engaging in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to or accessible through the Site;
d) Transmitting unsolicited or bulk communications to any Site account holder or to any webspirationclassroom.com, inspiration.com, webspirationpro.com, mywebspiration.com or affiliated e-mail address;
e) Posting or otherwise submitting any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms;
f) Creating a false identity for the purpose of misleading others;
g) Downloading any Materials or User Content posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner;
h) Removing or falsely adding to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material;
i) Making available any files or content containing Materials or User Content where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to the Materials or User Content;
j) Disrupting, interfering or inhibiting any other user from using and enjoying the Site;
k) Posting or otherwise submitting any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lewd, lascivious, obscene, profane, racist, unlawful or otherwise objectionable;
l) Engaging in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise);
m) Violating the rights of Inspiration or any third party (including the rights of privacy and publicity) or abusing, defaming, harassing, threatening or stalking another;
n) Using any Inspiration, WebspirationPRO, MyWebspiration or WebspirationClassroom domain name as a pseudonymous return e-mail address;
o) Marketing any goods or services for any business purpose (including advertising and making offers to buy or sell goods and services), unless specifically permitted to do so by us.
You agree that you are solely responsible for (and that we have no responsibility to you or to any third party) for any breach of your obligations under the Terms and for the consequences (including any loss or damage that we may suffer) for any such breach.
5. YOUR PASSWORDS AND ACCOUNT SECURITY
If requested, you must also choose a user name and password to register for a user account. You understand and agree that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Site and further agree that you will be solely responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Inspiration immediately by emailing firstname.lastname@example.org.
6. PRIVACY AND YOUR PERSONAL INFORMATION
7. DISCLOSURES AND REPRESENTATIONS ON CONTENT
You are notified that any User Content presented to you or made available to you as part of the Site (including User Content provided or shared by other users of the Site) may be protected by intellectual property rights which are owned by the persons or entities that provided the User Content to the Site. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this User Content (unless you have been specifically informed that you can do so by us or by the owners of that User Content, in a separate agreement. We reserve the right (but have no obligation) to flag, review, pre-screen, filter, modify, refuse or remove any or all User Content from the Site. You also agree that by using the Site you may be exposed to User Content that you may find objectionable, or otherwise offensive, and that, you use the Site at your own risk. You agree that you are solely responsible for (and that we have no responsibility to you or any third party for) any User Content that you create, display, submit or transmit while using the Site and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
8. LINKS TO THIRD PARTY SITES
The Site may include links to other sites outside of the Site (“Linked Sites”). Any Linked Sites are provided to you as a convenience and any inclusion of these links do not imply any endorsement by Inspiration. Inspiration has no control over any Linked Site, any link contained in any Linked Site or any changes or updates to any Linked Site. You acknowledge and agree that Inspiration is not responsible of any form of transmission received from any Linked Site.
9. INSPIRATION PROPRIETARY RIGHTS
You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Site and the Materials, including any intellectual property rights which subsist in any Materials (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you will not remove, alter or obscure any proprietary rights notices (including any copyright and trademark notices) which may be affixed to the Site or Materials. Unless we have agreed otherwise in writing with you, nothing in these Terms gives you a right to use our trade names, trademarks, service marks, logos, domain names (including but not limited to www.WebspirationClassroom.com, Inspiration.com, myWebspiration.com, WebspirationPRO.com or any extension thereof) and other distinctive brand features.
10. YOUR PROPRIETARY RIGHTS
Other than the limited license set forth in Section 13 below, we acknowledge and agrees that we obtain no right, title or interest from you (or your licensors) under these Terms in or to any User Content that you submit, post, display or transmit on, or through the Site, including any intellectual property rights which subsist in that User Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise with us, you agree that you are responsible for protecting and enforcing those rights and that Inspiration has no obligation to do so on your behalf. Unless you have been expressly authorized to do so in writing by us, you agree that in using the Site and Materials, you will not use any trade mark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
11. LICENSE TO YOU
In consideration for subscription fees paid and for the term of your subscription, Inspiration grants you a personal, worldwide, non-assignable, non-exclusive license to use the Site and Materials (as defined above) provided to you by us. This license is solely for the purpose of enabling you to use and enjoy the benefit of the Site and the Materials, in the manner permitted by these Terms. You may not (and you may not permit anyone else to) copy, reverse engineer, create a derivative work of, or decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically permitted to do so by us. Unless we have given you written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Site or the Materials, grant a security interest in or over your rights to use the Site or the Materials, or otherwise transfer any of your rights to use the Site or the Materials.
12. CONTENT LICENSE FROM YOU
You or a third party retain a copyright and any other rights already held for User Content which you submit, display or post on or through the Site and you are responsible for protecting those rights as appropriate. You understand that Inspiration, in performing any required technical steps to provide the Site access to our users, may (a) make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services and media; and (b) transmit or distribute your User Content over various public networks and in various media. You acknowledge and agree this license from you will permit Inspiration to take such actions.
13. USING USER CONTENT
Use of User Content is limited to the terms and conditions stated by the provider of the User Content. It is your sole responsibility to communicate with other providers of any User Content and determine what limitations, if any, are placed on the use of the User Content distributed among users. Unless you have received permission to access and use User Content from the provider of the User Content you have no right to use the User Content in any way. You also acknowledge and agree that we have no liability of any kind should users modify, copy, corrupt, destroy, display, transfer or distribute your User Content, or violate these Terms or any other limitations that you may impose on the access to or use of your User Content.
14. INDEMNITY, LIABILITY AND GRANT OF REMEDY
You agree to indemnify and hold Inspiration, its employees, officers, directors, partners, successors and assigns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your User Content and any other content (e.g. computer viruses) that you may submit, post, display or transmit through the Site (including a third party’s use of such User Content [e.g. reliance on the accuracy, completeness or usefulness of such User Content]); (b) your access to or use of the Site or Materials (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site or Materials); (c) your connection to the Site, Materials; (d) your violation of the Terms; (e) actions of any user that you provide access to or permission to use your User Content; (f) your infringement of any third party’s intellectual property rights when using any of the Software made available on the Site, or the Materials; (g) your violation of any rights of any third party; (h) your access to or use of Linked Sites and your connections thereto; or (i) any dealings between you and any third parties advertising or promoting via the Site.
In the event of your or others’ access to the Site, Materials in connection with the transmission of spam or other unsolicited e-mail in violation of these Terms, you acknowledge and agree that Inspiration would be irreparably harmed thereunder and that monetary damages would be an insufficient remedy; therefore you agree that, in addition to any other remedies available at law or in equity, Inspiration is entitled to obtain immediate injunctive relief against any such transmission. Inspiration may without restriction block, filter or delete unsolicited e-mail.
15. WARRANTIES AND DISCLAIMERS
THE SITE AND MATERIALS, ARE PROVIDED BY INSPIRATION UNDER THESE TERMS “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, INSPIRATION MAKES NO WARRANTY THAT (i) THE SITE OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (iv) THE QUALITY OF THE SITE OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE OR MATERIALS WILL BE CORRECTED.
THIS SITE AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. INSPIRATION MAY MAKE CHANGES TO THE SITE AND MATERIALS WHICH MAY INCLUDE CHANGES IN PRICING AND DESCRIPTION OF ANY SOFTWARE, SERVICES OR MATERIALS LISTED.
YOU ACKNOWLEDGE AND AGREE THAT INSPIRATION DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PORTALS, MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) INSPIRATION MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR PORTALS, SITES, SERVICES OR MATERIALS; ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) INSPIRATION WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SERVICES OR MATERIALS OFFERED BY THIRD PARTIES.
THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM THESE ACTIONS. INSPIRATION ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSPIRATION OR VIA THE SITE, SERVICES OR MATERIALS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. INSPIRATION WILL NOT BE LIABLE FOR LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE, ANY PORTAL OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
SOME STATES OF JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLEID WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANT MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSABLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
16. LIMITATIONS OF INSPIRATION’S LIABILITY
IN NO EVENT WILL INSPIRATION, ITS EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, VENDORS, SUPPLIERS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF INSPIRATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH (i) THE ACCESS TO OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (ii) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR MATERIALS; (iii) ANY DEALINGS WITH VENDORS, SUPPLIERS OR OTHER THIRD PARTIES; (iv) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, USER MATERIALS OR OTHER DATA; (v) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (vi) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (vii) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (viii) ANY WEB SITE REFERENCED OR LINKED TO OR FROM THIS SITE; OR (ix) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND SO THE LIMITATIONS AND EXCLUSIONS STATED ABOVE MAY NOT APPLY TO YOU.
Any controversy or claim arising out of or relating to these Terms will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will, at Inspiration’s election, be conducted in either Multnomah or Washington County, Oregon and judgment on the arbitration award may be entered into any court having competent jurisdiction. Notwithstanding anything in this paragraph to the contrary, Inspiration may at any time seek an injunction or other equitable remedy from any court of competent jurisdiction.
18. JURISDICTION AND VENUE
By accessing this Site and Materials you agree that all matters relating to your access to, or use of, this Site and Materials will be governed by the statutes and laws of the State of Oregon, without respect to conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Courts located in Multnomah and Washington Counties, State of Oregon and the United States District Court for the State of Oregon with respect to such matters.
The Terms and other Legal Notices, rules, guidelines, licenses and disclaimers posted via the Site or in connection with the services and Materials constitute the entire agreement between Inspiration and you with respect to your access and use of the Site and Materials and supersede any prior agreements or understandings between Inspiration and you on such subject matters. You may not assign or otherwise transfer the Terms or any right granted hereunder without Inspiration’s prior written consent. If for any reason a court of competent jurisdiction or arbitrator finds any provision of the Terms, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision and the remainder of the Terms will continue in full force and effect. Any failure by Inspiration to enforce or exercise any provision of the Terms or related right will not constitute a waiver or that provision or right. The paragraph titles used in these Terms are solely for convenience and carry no legal or contractual effect.
Copyright © 2011, Inspiration Software, Inc. All rights reserved.