Terms & Conditions

Introduction

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING ANY iHound® SERVICE. THE USE OF ANY iHound® SERVICE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED.  This document is an agreement between You and iHound Software ("iHound") that describes the terms of service ("TOS") for which You may use the services offered on the websites and web pages owned and operated by iHound.  YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE SOFTWARE OR SERVICES OFFERED BY iHound, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF SERVICE AND ANY ADDITIONAL TERMS THAT APPLY.

Please note that iHound reserves the right to revise these site TOS at any time by posting an update to this page. Your continued use of the iHound Sites or Services following the posting of changes to these TOS will mean You accept those changes.  You will be provided notice of any such modification by electronic mail or by publishing the changes on the website https://www.ihoundsoftware.com. Your continued use of the Service after notice of any change to the Terms of Service will be deemed to be your agreement to the amended Terms of Service.

iHound reserves the right, in its sole discretion, to determine if You have violated these site TOS, and to take any action it deems appropriate.

You acknowledge that iHound shall have the right to terminate Your access to the iHound Site or Services for violations of any of these rules, including repeat infringement of copyrights.

Your Use and Conduct

Personal, Non-Commercial Use

Unless otherwise agreed upon directly with iHound, the iHound site is made available for Your personal, non-commercial use only. Except as provided by specific terms governing a specific service, product, or information, You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information, software, products, or services obtained from the iHound site.

No Unlawful or Prohibited Use

You agree that You will not use the iHound Site or the information, products, or services available from them for, or to further, any unlawful purpose. Additionally, You will NOT:

  • Upload, post, email, transmit, or otherwise make available any content that:
    • Is unlawful, harmful, threatening, abusive,  harassing, tortuous,  libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, contains viruses, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable or harmful to another party;
    • iHound® Software reserves the right to terminate the services if iHound® Software believes that you have used the services for any illegal or unauthorized activities.
    • You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • Infringes any patent, trademark, trade secret, copyright, or other intellectual property right of another party;
    • Is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," website links, or any other form of content for the purpose of solicitation;
    • Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
    • Consists of forged or manipulated information that disguises the true origin of any content You provide; or
    • Impersonates another person or entity, including, but not limited to, an iHound employee, forum leader, guide or host, or falsely states or otherwise misrepresents Your affiliation with a person or entity.
  • Collect or store personal data about other users in connection with any prohibited conduct and activities;
  • Use the iHound Sites in any manner that could damage, disable, overburden, or impair any iHound server, or network(s) connections; disobey any requirements, procedures, policies, or regulations of networks connected to the iHound sites; or interfere with any other party's use and enjoyment of the iHound site;
  • Attempt to gain unauthorized access to any iHound Site content, other accounts, computer systems, or networks connected to any iHound server through hacking, password mining, scraping, or by any other means to obtain any materials or information not intentionally made available on the iHound site;
  • Intentionally or unintentionally violate any applicable local, state, national, or international law; or
  • Provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

User Submissions

iHound enables users to submit content or other information that will be made available to other users of the iHound site (e.g., a forum or blog site). You understand and agree that iHound: (a) is NOT responsible for the content of user submissions, (b) has no obligation to remove any user-submitted content, and (c) has sole discretion to determine whether any user-submitted content violates the iHound site TOS and to take action or inaction based on that determination.

If You submit content or information to a Site or Service that makes Your content available to other users, You represent and agree that:

  • Your content in not prohibited by these TOS;
  • You are solely responsible for the form, content, and accuracy of any material You submit to an iHound site;
  • You are granting iHound a royalty-free, perpetual, irrevocable, non-exclusive license (including a waiver of any moral rights) under Your intellectual property rights to use, reproduce, modify, adapt, translate, publish, display, and redistribute Your content (in whole or in part) worldwide, and to incorporate Your content in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content; and
  • iHound is not obligated to exercise the rights You granted above.

Member Registration Obligations

In consideration of your use of the Services, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the Registration Process; and b) maintain and promptly update your Registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if iHound® Software has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, iHound® Software has the right to terminate your Membership and refuse current or future use of any or all of the Services.

iHound Intellectual Property Rights

All content and services on the iHound site, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, software, and other website materials (the "Materials") are the intellectual property of iHound or other vendors. The Materials are protected by United States and foreign intellectual property laws. Except as stated herein, none of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of iHound.

iHound Trademarks and Brands

iHound, the iHound logo, and other marks related to iHound products and services ("iHound Marks") are the exclusive and valuable property of iHound. The iHound Marks can only be reproduced or displayed with specific written permission from iHound.

Third-Party Content and Links

iHound may display content provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase their products or services. As consideration for Your convenience in making this third-party content available or accessible to You, You acknowledge that iHound is not responsible for the third-party content. You also agree that iHound IS NOT responsible or liable for any losses or damages You experience with any third-party content You chose to rely upon or advertisements You respond to, and that You must contact the third party directly for any remedies that may be available to You.

iHound Sites Disclaimers

iHound products are designed to be used ONLY in a lawful manner. These products are NOT to be used to violate federal and/or state laws. GPS tracking of individuals without their knowledge may be prohibited in some areas under certain conditions. iHound and Daveworld, its subsidiaries and partners will not be held responsible for inappropriate use of these or any other products.  DO NOT ATTEMPT TO RECOVER A STOLEN DEVICE YOURSELF OR ARRANGE FOR A THIRD PARTY TO RECOVER A DEVICE OTHER THAN YOUR LOCAL POLICE SERVICE. YOU RISK ENDANGERING YOURSELF OR OTHERS AROUND YOU AND/OR DAMAGING YOUR PROPERTY.   The end user assumes the entire risk as to the quality of the data.  We will use reasonable efforts to ensure this website is always secure, and all information on this site is up-to-date and accurate. Despite these efforts, information on this website may contain inaccuracies or typographical errors. Information on this site is provided "as-is" without warranty of any kind, either express or implied. Information may be changed or updated without notice. iHound reserves the right to make changes, deletions, corrections and/or improvements to this website and to products described on this website, at any time without any notice. iHound shall not be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to, use of or inability to use this website or any errors or omissions in the content of this website.

No Warranty

The iHound site and the information provided therein are for the convenience of users of the iHound site and for customers and potential customers of iHound, its products, or its services. The information provided on the iHound site and the products and services described on the iHound site are subject to change without notice. iHound DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION OR MATERIAL DISPLAYED OR DOWNLOADED FROM THE iHOUND SITE. EXCEPT AS PROVIDED BY THE TERMS OF AN APPLICABLE END-USER LICENSE AGREEMENT OR OTHER WRITTEN AGREEMENT SIGNED BY iHOUND SERVICES, AND SOFTWARE ARE PROVIDED "AS IS," WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. iHOUND DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE iHOUND SITES AND SOFTWARE DOWNLOADED THEREFROM, INCLUDING INFORMATION OR ADVICE OBTAINED THROUGH THE iHOUND SITE, SERVICES, OR SOFTWARE. iHOUND DOES NOT WARRANT THAT THE iHOUND SITE, SOFTWARE, OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE iHOUND SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE, SERVICES, OR SOFTWARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, iHOUND, ITS AFFILIATES, AND SUBSIDIARIES ARE NOT RESPONSIBLE FOR THOSE COSTS. Additionally, iHound makes no claim that any of the content or software available from the iHound Site can be lawfully viewed or downloaded outside of the United States. Access to portions of the iHound Site may not be legal by certain persons or in certain countries. If You access the Website from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to You. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.

Limitation of Liability

Except as provided by an applicable End-User License Agreement or other written agreement executed by iHound, UNDER NO CIRCUMSTANCES IS iHOUND, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, CONTRACTORS, DIRECTORS, SUPPLIERS OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION SERVICES OR SOFTWARE AVAILABLE ON THE iHOUND SITES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ANY OTHER LEGAL THEORY EVEN IF iHOUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). The above limitation applies to Your use, misuse, or reliance upon the iHound Site, including, without limitation, damages You may incur because of third-party services or other services or goods received, such as third-party services or goods received by, advertised on, or linked to the iHound Site. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to You.

General Provisions

Communications from iHound® Software

The Service may include certain communications via email from iHound® Software, such as service announcements, administrative messages, newsletters, etc. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving mails from us. However, this may prevent us from providing an effective service to you.

Governing Law

These TOS and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or Your actual state or country of residence, and shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods, the Brussels or Lugano Conventions, or the Rome or Rome 1 Conventions. If for any reason, a court of competent jurisdiction finds any provision or portion of these TOS to be unenforceable, the remainder of the TOS will continue in full force and effect.

Arbitration

Any controversy or claim arising out of or relating to these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, iHound® Software may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Force Majeure

Under no circumstances shall iHound, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.

Entire Agreement

Except as provided by an End-User License Agreement or other written agreement signed by iHound, these TOS constitute the entire agreement between You and iHound with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

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