Terms and conditions
Updated on 23.10.10
Welcome to Insou’s Terms of Service! We are genuinely excited to have you aboard. Thank you for choosing to use our services.
Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary to protect you and us and make our services possible and more enjoyable for everyone. Insou offers a wide range of services and features, and part of the terms below may not be relevant to your specific services.
1.1. Our Purpose
Our service provides tools for users to help them write presentations.
1.2. Legal Agreement
These Insou Terms of Service (“Terms of Service”), together with such additional terms which specifically apply to some of our services and features as presented on the Insou website(s) (“Insou Website,” and collectively – the “Insou Terms”), all set forth the entire terms and conditions applicable to each visitor or user (“User” or “you”) of the Insou Website, the Insou mobile application (the “Insou App”) and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the Insou Website or the Insou App, collectively – the “Insou Services” or “Services”).
1.3. User Account
To access and use certain sections and features of the Insou Services, you must first register and create an account with Insou (“User Account”).
Suppose anyone other than yourself accesses your User Account and/or User Platforms’ settings. In that case, they may perform any actions available to you (unless as expressly stated otherwise on the Insou Services), make changes to your User Platform(s) and User Account, accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential and allow such access only to people you trust - as you will be solely and entirely responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties, and undertakings made therein), whether or not explicitly authorized by you, and for any damages, expenses or losses that may result from such activities.
In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not we have conducted an independent investigation. However, we cannot make such a determination (as we may deem in our sole discretion). In that case, we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, resolve without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.
Insou will consider the owner of aUser Account,User Platform,and/or User Content created and/or uploaded to the relevant Insou Service, as the person or entity who has access to the e-mail address then listed in Insou’s records for such User Account under which such User Platform or User Content was created.
If any Paid Services (as defined in Section 5 below) were purchased via a User Account, Insou will consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services
Insou will consider the owner of such User Platform as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, Insou will consider the organization as the actual owner of the domain, and, therefore, as the owner of the User Platform connected to such domain. Suppose the Billing Information indicates one person as the owner of the User Platform and the domain registration indicates a different owner. In that case, Insou shall consider the person registered as the owner of the domain connected to the Insou Account as the owner of the User Platform.
Notwithstanding the foregoing, Insou shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in the event, Insou deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Insou.
2. Your Obligations
2.1. You represent and warrant that:
You confirm you own all rights in and to any content uploaded or provided by you or imported, copied, or uploaded by Insou Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, the information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents, and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
You have (and will maintain) the full power, title, licenses, consents, and authority to allow Insou Services to access any websites, web pages, and/or other online services, to import, copy, displaying, uploading, transmit and/or otherwise using your User Content.
The User Content is (and will continue to be) true, current, accurate, non-infringing upon any third-party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display, or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for Insou and/or your End Users to access, import, copy, upload, use or possess in connection with the Insou Services;
You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission, and publication of any personal information and/or image or likeness of any person, entity, or property which is part of the User Content, and you will adhere to all laws applicable thereto.
2.2. You undertake and agree to:
Fully comply with all applicable laws and any other contractual terms which govern your use of the Insou Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
Be solely responsible and liable with respect to any of the uses of the Insou Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Insou Services);
Regularly and independently save and backup any of your User Content and the information that you are processing regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
Receive from time to time promotional messages and materials from Insou or its partners, by mail, e-mail, or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please notify us at any time;
Allow Insou to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Insou’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Insou or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
Insou’s sole discretion as to the means, manner, and method for performing the Insou Services, including those regarding the hosting, transmission, publication, and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
Insou shall have the right to offer the Insou Services in alternative price plans and impose different restrictions for the upload, storage, download, and use of the Insou Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, the volume of download time, number of subscribers to your Content, etc.
2.3. You agree and undertake not to:
Copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Insou Website, the Insou Services (or any part thereof), any Content offered by Insou or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Insou’s prior written and specific consent and/or as expressly permitted under the Insou Terms;
Submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Insou or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
Use any illegal action to collect login data and/or passwords for other websites, third parties, software, or services;
Phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
Upload, insert, collect or otherwise make available within the Insou Website or the Insou Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
Publish and/or make any use of the Insou Services or Licensed Content on any website, media, network, or system other than those provided by Insou, and/or frame, “deep link”, “page-scrape”, mirror and/or create a browser or border environment around any of the Insou Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Insou, in advance, and in writing;
Use any “robot”, “spider,” or another automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Insou Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Insou Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Insou Services;
Act in a manner which might be perceived as damaging to Insou’s reputation and goodwill or which may bring Insou into disrepute or harm;
Purchase search engine or other pay-per-click keywords (such as Google AdWords), or domain names that use Insou or Insou Marks and/or variations and misspellings thereof;
Impersonate any person or entity or provide false information on the Insou Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation to disguise your identity or the origin of any message or transmittal you send to Insou and/or any End Users;
Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Insou or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
Reverse look-up, trace, or seek to trace another User of Insou Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Insou Services and/or User Platform without their express and informed consent;
Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Insou Services, User Platform, the account of another User(s), or any other systems or networks connected to the Insou Services, by hacking, password mining, or other illegitimate or prohibited means;
Probe, scan, or test the vulnerability of the Insou Services or any network connected to the Insou Services;
Upload to the Insou Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Insou Services or Insou’s systems or networks connected to the Insou Services, or otherwise interfere with or disrupt the operation of any of the Insou Services or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
Using any of the Insou Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes,” or similar conduct, or otherwise engage in unethical marketing or advertising;
Use Insou Services for the creation and operation of websites whose main purpose (directly or indirectly) is video streaming;
Access to Insou Services, User Accounts, Licensed Content, and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
Sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Insou Services, except as expressly permitted by the Insou Terms;
Remove or alter any copyright notices, watermarks, restrictions, and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or TM] contained in or accompanying the Insou Services and/or Licensed Content;
Violate, attempt to violate, or otherwise fail to comply with any of the Insou Terms or any laws or requirements applicable to your use of the Insou Services.
Access or use the Services for benchmarking or similar competitive analysis purposes or to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
3. Content and Ownership
3.1. Your Intellectual Property
As between Insou and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text, and literary works. Insou does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDNs, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
3.2. Insou’s Intellectual Property
All rights, title, and interest in and to the Insou Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Insou Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Insou.
Subject to your full compliance with the Insou Terms and timely payment of all applicable Fees, Insou hereby grants you, upon creating your User Account and for as long as Insou wishes to provide you with the Insou Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Insou Services and Licensed Content, to generate and display your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Insou Terms, and solely within the Insou Services.
The Insou Terms do not convey any right or interest in or to Insou’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Insou Terms constitutes an assignment or waiver of Insou’s Intellectual Property rights under any law.
In addition to the above, specific fonts made available to you within the Insou Services, are licensed to Insou by a third-party provider and are therefore subject to additional license terms of such provider.
3.3. Feedback and Suggestions
Suppose you provide us with any suggestions, comments, or other feedback relating to Insou Services (whether existing, suggested, or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”). In that case, such Feedback shall be exclusively owned by Insou. By providing such Feedback to Insou, you acknowledge and agree that Insou may use it to (i) further develop, customize and improve Insou Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Insou -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer specific promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Insou may use to provide and improve its services, (vi) to enhance Insou data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate,
complete, and does not infringe on any third party rights; (2) irrevocably assign to Insou any right, title, and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
5. Service Fees
5.1. Paid Services
The use of certain Insou Services may be subject to payment of particular fees, as determined by Insou in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Insou will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
Insou reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. Suppose you received a discount or other promotional offer. In that case, Insou shall have the right to automatically and without notice renew your subscription to such Insou Service(s) at the full applicable Fee.
All Fees shall be deemed in U.S. Dollars, except as expressly stated otherwise in writing by Insou. To the extent permitted by law (and unless specified otherwise by Insou in writing), all Fees are exclusive of all taxes (including value-added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”). You shall be responsible for payment of all applicable Taxes relating to your use of the Insou Services or any payments or purchases made by you. If Insou is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees. They will be reflected in the Invoice for such transactions. We recommend that you verify the existence of any additional fees third parties may charge you in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies).
Insou is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize Insou (either directly or through its affiliates, subsidiaries, or other third parties) to request and collect payment and service fees (or otherwise charge, refund, or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Insou or its affiliates may consider necessary to validate your designated payment account or financial information, to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking
5.3. Subscription Auto-Renewals
To ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default; such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service
is one month, each renewal period (where applicable) will be for one month. Accordingly, where applicable, Insou will attempt to automatically charge you the applicable Fees using the Stored Card, within up to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may, in our sole discretion (but shall not be obligated to), retry to collect at a later time, and/or suspend or cancel your User Account, without further notice.
By entering into this Agreementand by purchasing a Renewing Paid Service, you acknowledgeand agree thatthe Renewing Paid Service, shall automatically renewin accordance with the above terms.
Accordingly, you shall be solely responsible with respect to any discontinuation of any Insou Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Insou Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Insou in relation to discontinuing any Insou Services or Third Party Services, for whatever reason.
Upon request, we may, in our sole discretion, grant a full or partial refund to the original funding payment.
In case of a refund, please note that the Refund amount may be different than the amount you were charged due to currency changes and third-party fees. Insou will not be responsible for any differences caused by changes in currency exchange rates or fees third parties charge you. Suppose we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed. In that case, we reserve our right to charge still the User who provided such notice for any Insou Services actually received, as permitted by law.
Please note: Certain services purchased on or through Insou Services may be non-refundable. These include Third Party Services such as domains, business tools, and applications. The terms of each purchased service or application are indicated on the Insou Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service before purchasing it. Insou will not refund any amounts paid for non-refundable Paid Services, applications, or Third Party Services.
Please carefully check the terms of each service before buying, since some services are non-refundable.
If, at any time, we record a decline, chargeback, or other rejection of a charge of any payable Fees on your Insou account (“Chargeback”), this will be considered a breach of your payment obligations hereunder, and your use of the Insou Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications, and Third Party Services, may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).
Your use of the Insou Services will not resume until you re-subscribe for any such Insou Services, and pay any applicable Fees in full, including any fees and expenses incurred by Insou and/or any Third Party Services for each Chargeback received (including Fees for Insou Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
Suppose you have any questions or concerns regarding a payment made to Insou. In that case, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, to prevent the Insou Services from being canceled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Insou Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
6.1. Cancellation by User
You may discontinue using and request to cancel your User Account and/or any Insou Services at any time, per the instructions available on the Insou Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Insou Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
Notwithstanding anything to the contrary in the foregoing, with respect to Renewing Paid Services subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, to avoid the next automatic renewal and respective charge, the cancellation request should be made at least fourteen (14) days before the expiration of the then-current service period.
6.2. Cancellation by Insou
Failure to comply with any of the Insou Terms and/or to pay any due Fee shall entitle Insou to suspend (until full payment is made) or terminate your Site and/or block your access to the Website. You agree that Insou shall not be liable to you or any third party for any termination or suspension of your Account, for blocking your access to the Website, or for revoking any benefits, privileges, earned Virtual Items, and/or purchases associated with your Account.
6.3. Loss of Data, Content, and Capacity
Suppose your User Account or any Insou Services or Third Party Services relating to your User Account are canceled (at your request or at Insou’s discretion). In that case, it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data, or other user data retained therein, including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Insou shall not be liable for such Capacity Loss, or for saving a backup of your User Account, User Content, or End User data. Please also note that additional Fees may apply to the re-activation of a User Account and/or any Insou Services following their cancellation, as determined by Insou in its sole discretion.
7. Third-Party Services
The Insou Services enable you to engage and procure certain third-party services, products, and tools for enhancing your User Platform and your overall user experience, including, without limitation, third-party applications and widgets offered via the Insou Website (including the Insou Tools & Integrations), third party Licensed Content, media distribution services, E-Commerce Payment Providers, sellers of tangible products, third party designers who may assist you with your User Platform, etc. (collectively, “Third Party Services”).
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain Insou Services, offered separately by Insou or persons certified or authorized by Insou, or otherwise offered anywhere on the Insou Services), Insou merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Insou will not be a party to or in any way be responsible for monitoring any interaction or transaction between you and any Third-party Services.
You acknowledge that such services may require the payment of additional amounts to Insou and/or the providers of such Third-Party Services.
Any and all use of such Third Party Services shall be done solely at your own risk and responsibility. They may be subject to legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
While we hope to avoid such instances, Insou may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s), and/or the Insou Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.
8. Misconduct and Copyrights
8.1. Misconduct and Abuse
When using Insou Services, you may be exposed to User Platforms, User Content, or Third Party Services from various sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Insou with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Insou Services, please immediately report such User and/or Third Party Service to us via this form. You agree that your report shall not impose any responsibility or liability upon Insou and that Insou may consider such report and act upon it, refrain from taking any such action, or require additional information or documents before doing so, at its solediscretion.
Please let us know if you witness or experience any misconduct or abusive behavior by anyone using our services.
Insou acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form or e-mail: abuse@Insou.com.
In the event that Insou receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number, and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 7 may be deemed accepted, applicable, and compliant with the DMCA, or not, at Insou’s sole reasonable discretion. Insou reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
10. Disclaimer of Warranties
We provide the Insou Services on an “As Is”, “with all faults,” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Insou Services (or any part, feature, or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product, or service (including any Third Party Services) mentioned on or made available via Insou Services. So please be sure to verify those before using or otherwise engaging them.
Insou may, at its sole discretion (however, it shall have no obligation to do so), screen, monitor, and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may Insou be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Insou Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Insou shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement, and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the Insou Services and/or connecting and/or dealing with any Third Party Services through or in connection with Insou Services and that Insou cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
Insou does not recommend using the Insou Services for hosting personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain Insou Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Insou Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of Insou Services at this BETA stage signifies your agreement to participate in such Insou Services’ BETA testing.
11. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, Insou, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Insou Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Insou Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Insou Services; (6) events beyond the reasonable control of Insou, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Insou Services.
You acknowledge and agree that these limitations of liability are agreed to allocations of risk constituting in part the consideration for Insou’s services to you. Such limitations will apply even if Insou has been advised of the possibility of such liabilities.
13.1. Changes & Updates
Insou reserves the right to change, suspend or terminate any of the Insou Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Insou Services (including removal of any materials created by you in connection with the Insou Services) for any reason and/or change any of the Insou Terms with or without prior notice - at any time and in any manner.
You agree that Insou will not be liable to you or to any third party for any modification, suspension, or discontinuance of those Insou Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees before enabling such specific changes. Suppose you fail or refuse to pay such Fees. In that case, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Insou Services without enabling such changes, or provide you with alternative Services.
13.2. Governing Law & Jurisdiction; Class Action Waiver
The Insou Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Insou Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Insou Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Wyoming, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction in San Francisco, California. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Subject to any applicable law, all disputes between you and Insou shall only be resolved individually. You shall not have the right to bring any claim against Insou as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
Notwithstanding anything to the contrary in this Section 13.2, if you are located in the United States of America, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and Insou will be the State of California, without respect to its conflict of laws principles, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in San Francisco, California.
We may provide you with notices in any of the following methods: (1) via the Insou Services, including by a banner or pop-up within the Insou Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Insou’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice.
The Insou Terms, and your use of the Insou Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Insou and you.
13.5 Entire Agreement
Insou may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Insou Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Insou. Any attempted or actual assignment thereof without Insou’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 13.6 shall not grant either Insou or you the right to cancel any Insou Services or Third Party Services then in effect.
13.7. Severability & Waivers
Suppose any provision of the Insou Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable. In that case, such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Insou Terms shall be deemed a waiver of any preceding or subsequent breach or default.
13.8. Customer Service Contact
To get in touch with our Customer Service, Send an email message to: dev@Insou.com