Inspiration.com Terms of Use

 
 

INSPIRATION.COM TERMS OF USE

YOUR ACCESS TO AND USE OF THIS SITE IS SUBJECT TO THESE TERMS OF USE. PLEASE READ THEM CAREFULLY BEFORE ACCESSING OR USING THIS SITE.

  1. ACCEPTANCE OF TERMS; PROPRIETARY RIGHTS

    Inspiration Software, Inc. (“Inspiration”) provides this Site for your personal information, education, communication and entertainment. The Site and any Products, Content or Services accessible or made available to you by the Site are subject to United States, as well as applicable international copyright laws and treaties affecting intellectual property. The Site, Products, Content and Services are owned by Inspiration and its licensors. You may not reproduce, modify, distribute, display, or prepare derivative works based on, repost or otherwise use the Site, the Products or Content without Inspiration’s prior written consent, except that you may download one original copy of any Product on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices.

    By accessing or using this Site in any way, including using any Services, downloading any Products or Content, or merely browsing the Site, you have agreed to be bound by the terms and conditions set forth herein and in any changes thereto that Inspiration may publish from time to time, including in any Legal Notice to you applicable to the Site and/or Products, Content or Services (collectively, the “Terms of Use”). [Capitalized terms used herein are defined below]. If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

    Inspiration may change the Terms of Use and other guidelines and rules posted on this Site from time to time at its sole discretion. Your continued access or use of this Site, or any Products, Services or Content accessible or enabled by this Site, constitutes your acceptance of the changes. Your access and use of this Site, any Products, Content or Services or will be subject to the most current version of the Terms of Use, and any rules or guidelines posted on this Site at the time of such use.

    You are encouraged to regularly check the “Terms of Use” link on the home page of this Site to view the then current terms. If you breach any of the Terms of Use, in addition to any injunctive relief or other available legal remedies, Inspiration, in its sole discretion may immediately terminate your access to this Site, the Services, the Products and/or Content.

  1. DEFINED TERMS

    “Inspiration” means Inspiration Software, Inc., whose principal office is located at 6443 SW Beaverton-Hillsdale Hwy, Suite 370, Portland, Oregon 97221, USA. Inspiration makes this inspiration.com site (the “Site”), and the Products, Content and Services, available for your access and use subject to the Terms of Use. “Products” means all information, data, documents (e.g. white papers, datasheets, FAQs, templates, press releases, etc.), communications, downloads, files, characters, fonts, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs, applications and products made available and offered for sale, trial or demonstration or enabled via the Site by Inspiration. “Services” means Inspiration’s proprietary software applications other than Products and any other services and resources offered or enabled via the Site by Inspiration. All information (such as data files, written text, computer software, music, video or audio files, photographs, templates, graphics, formats or other images) which Inspiration may post to the Site, including in any Products or Services is referred to as “Content”.

  1. CHANGES OF SITE, PRODUCTS, CONTENT AND SERVICES

    Inspiration endeavors to innovate constantly to provide the best possible experience for the Site’s users. You acknowledge and agree that the form and nature of the Site, and any Services, Products or Content which are offered through or enabled by the Site may change from time to time without prior notice to you. You acknowledge that Inspiration may stop (permanently or temporarily) providing any of these to you or other users of the Site, generally at Inspiration’s sole discretion, without prior notice to you. Inspiration, in its sole discretion, may (but has no obligation to) monitor or review your use of the Site, Services and Content.

  1. USE OF THE SITE, PRODUCTS, CONTENT AND SERVICES

    You shall pay any costs and charges, including any telecommunication charges and/or equipment costs that you incur in order to access or use the Site, Products, Services or Content. In order to access certain Content or Services or to purchase or demo Products, you may be asked to provide information about yourself (such as identification or contact details) to enable you to receive information about or demo Services and Products and/or those of other third party providers. You agree that any information you may provide will be accurate, correct and up-to-date. You agree to use the Site, Products, Content and Services only for purposes that are permitted by (a) the Terms of Use, (b) any end user license accompanying the Products and (c) 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 not to access (or attempt to access) any of the Products, Content or Services by any means other than through any interface provided by Inspiration to you, unless you have been specifically granted permission to do so in a separate agreement with Inspiration. You specifically agree not to access (or attempt to access) any of the Products, Content or Services through any automated means (including use of scripts or web crawlers), or by hacking, password mining or other means. You agree that you will not engage in any activity that interferes with or disrupts the Site or the Services (or the servers and networks which are connected to or accessible through the Services or the Site). Unless you have specifically permitted to do so under a separate agreement with Inspiration, you agree that you will not reproduce, duplicate, copy, sell, trade, lease or resell the Products or Services for any purpose. You also agree to use the Services only to access and download Products or to communicate with Inspiration in an appropriate manner.

    Some examples of improper use of the Site, Products and Services include:

  1. Collecting, harvesting, mining or engaging in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
  2. Transmitting unsolicited or bulk communications to anyone;
  3. 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;
  4. Creating a false identity for the purpose of misleading anyone;
  5. Downloading any content or material that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner including;

1) using any Content containing trademarks or logos of any third party in any print or electronic media, editorial, commercial, promotional or corporate nature;
2) using any Content as a logo, trademark or similar designation of your business or your products and services;
3) selling, leasing or licensing any item on which any Content is copied or otherwise printed;

  1. Removing or falsely adding to any Products or Content any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as its origin or source;
  2. Making available any files or materials containing 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 such materials and/or content;
  3. Using any Products in a manner that infringes any Intellectual Property Rights or rights of any party;
  4. Disrupting, interfering or inhibiting any other user from using and enjoying the Site or other affiliated or linked sites, the Services or the Products;
  5. 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;
  6. Engaging in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise);
  7. Violating the rights of Inspiration or any third party (including the rights of privacy and publicity) or abusing, defaming, harassing, threatening or stalking another, including
  8. Using any Inspiration domain name as a pseudonymous return e-mail address;
  9. 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 Inspiration.

Inspiration may from time to time make certain Content available on the site, including templates, photos, clip art, fonts, characters, sounds, video, formats and graphics which are either owned by or used by license by Inspiration and protected under trademark, copyright and other applicable laws. You may not sell any Content or any item containing or carrying a copy of any Content. Subject to restrictions set forth above you may make copies of Content for use in home entertainment and projects, for educational purposes and other similar uses. Except as otherwise provided by the functionality of the Site, use of any Content in electronic format, including online use and multimedia applications is prohibited, unless each of the following conditions is met:

1) Content is incorporated for viewing purposes only;
2) The Content does not comprise a significant portion of the content of the proposed use;
3) A notice is included specifying that the Content may not be saved or downloaded and are only to be used for viewing purposes

All rights in derivative works created by your use of any Content shall vest exclusively with Inspiration or its licensors. You must include the following notice in any permitted use of Content. © 2008, Inspiration Software, Inc., and its licensors. All rights reserved.

You agree that you are solely responsible for (and that Inspiration has no responsibility to you or to any third party) for any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Inspiration may suffer) for any such breach.

  1. INSPIRATION’S TRADEMARKS

    Inspiration, the Inspiration logo, Kidspiration, the Kidspiration logo, InspireData, the InspireData logo, SuperGrouper, Kidspiration Color Tiles, Kidspiration Pattern Blocks, Kidspiration Base Ten Blocks, Kidspiration Fraction Tiles, Kidspiration Fraction Boxes, Math SuperGrouper, RapidFire, and Site Skeleton are Inspiration trademarks or registered trademarks in the United States and in other countries (the “Inspiration Marks”). All other names and designs may be trademarks of their respective owners. Users may not display or use the Inspiration Marks without Inspiration’s express written consent.

  2. YOUR CONSENT TO INSPIRATION’S ACCESS AND USE

    By using this Site you consent to Inspiration’s access to and review of any information or other records that you may provide, without any prior notice to you, for, among other purposes, maintenance, investigations of complaints or any allegations of misuse or misconduct. Except as otherwise provided in Inspiration’s Privacy Policy, anything you transmit or post to the Site or any Services may be used by Inspiration or licensed to others for any purpose, including but not limited to mailing list rental, product or service solicitations, reproduction, disclosure, transmission, publication and posting.

  3. PRIVACY AND YOUR PERSONAL INFORMATION

    For information about Inspiration’s data protection practices, please read Inspiration’s privacy policy at www.inspiration.com. You agree to the use of your data in accordance with Inspiration’s privacy policies.

  4. LINKS TO THIRD PARTY SITES

    The Site, Products, Content and Services 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.

  5. COPYRIGHT AND TRADEMARK POLICIES

    It is Inspiration’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including in the United Sates, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of Inspiration’s policy can be found at Notification of Copyright Infringement.

    Inspiration operates a trademark complaints procedure. Details of this procedure can be found at Trademark Complaint Procedures.

  6. LICENSE TO YOU

    Inspiration grants you a personal, worldwide, non-assignable, royalty free and non-exclusive license to use the Site, any Content or Service accessible or enabled by the Site solely for the purpose of enabling you to use and enjoy the benefits of the Site, the Content and the Services, in the manner permitted by these Terms of Use.

    With respect to your use of any Products you agree to be bound by and abide by the terms and conditions of any end user license agreement which you are required to accept as a condition of your purchase or use of such Products. 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 contained within the Site, the Products or the Services, unless this is expressly permitted or required by law, or unless you have been specifically permitted to do so by Inspiration. Unless Inspiration has given you written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Site, Products, Content or Services or grant a security interest in or over your rights to use the Site, Products, Content or Services, or otherwise transfer any of your rights to use the same.

  7. COMMUNICATIONS FROM YOU

    Inspiration likes to hear from you and receive feedback. However, please be advised that Inspiration does not accept or consider any creative submissions, suggestions or ideas relating to the Site, Products, Content or Services or any business or marketing plans unless it has requested them. We advise you not to send any creative or original materials such as ideas for software products, web sites, new services, content, products, or any other creative suggestions, ideas, drawings, notes, concept or other like information. Any communication, content or other material that you transmit to or through the Site shall not be treated as confidential information or trade secrets owned by you or another party. You will receive no compensation for any use of such communication, content or other material. Further, in the event that you do submit and transmit such communications, content or material, you represent and warrant that you own or otherwise control all intellectual property rights and other rights, including all rights necessary for you to post, transmit or submit the same. You are solely and entirely responsible for all of your communications, content and material that you transmit or submit via the Site and any Services. You shall assume all risks associated with the use of the same including any reliance on the accuracy, completeness or usefulness of such communications, content and material.

    For all communications, content and materials that you transmit or submit via the Site and any Services, including (a) comments, (b) feedback, (c) bug reports, (d) piracy reports or (e) product suggestions, you grant Inspiration an unrestricted, irrevocable, worldwide, non-exclusive, royalty-free and fully-paid-up license under all intellectual property rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute each, with or without having your name attached to the same, in any manner or form and for any purpose, with full rights to sublicense, and you also acknowledge and agree that Inspiration is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you.

  8. 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) any content that you may submit, post, display or transmit through the Site and/or the Services (including a third party’s use of such content [e.g. reliance on the accuracy, completeness or usefulness of such content]); (b) your access to or use of the Site, Products, Content and Services (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, Products, Content or Services); (c) your connection to the Site, Products, Content and Services; (d) your violation of the Terms of Use; (e) actions of any user that you provide access to or permission to use the Site, Products, Content or Services (f) your infringement of any third party’s intellectual property rights when using any of the software made available on the Site, by the Products or the Services; (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, Products, Content or Services.

    In the event of your or others’ access to the Site, Products, Content or Services in connection with the transmission of spam or other unsolicited e-mail in violation of these Terms of Use, 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.

  9. WARRANTIES AND DISCLAIMERS

    THE SITE, PRODUCTS, CONTENT AND SERVICES, ARE PROVIDED BY INSPIRATION UNDER THESE TERMS OF USE “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, PRODUCTS, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, PRODUCTS, CONTENT AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, PRODUCTS, CONTENT OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (iv) THE QUALITY OF THE SITE, PRODUCTS, OR SERVICES PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, PRODUCTS, CONTENT OR SERVICES WILL BE CORRECTED.

    THIS SITE, PRODUCTS, CONTENT AND SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. SERVICES WHICH MAY INCLUDE CHANGES IN PRICING AND DESCRIPTION OF ANY SOFTWARE, PRODUCTS, CONTENT OR SERVICES LISTED, AT ANY TIME AND IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, PRODUCTS, CONTENT AND SERVICES MAY BE OUT OF DATE, AND INSPIRATION MAKES NO COMMITMENT TO UPDATE THE SITE, PRODUCTS, CONTENT OR SERVICES.

    YOU ACKNOWLEDGE AND AGREE THAT INSPIRATION DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCTS 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 SITES, SERVICES OR PRODUCTS; ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) INSPIRATION SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY SERVICES OR PRODUCTS OFFERED BY THIRD PARTIES.

    THE USE OF THE SITE, CONTENT OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS 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 SUCH 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 CONTENT, SERVICES OR PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSPIRATION OR VIA THE SITE, PRODUCTS, CONTENT OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE OR IN ANY END USER LICENSE AGREEMENT AFFECTING THE PRODUCTS. INSPIRAITON WILL NOT BE LAIBLE FOR LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING ANYPASSWORD OR ACCOUNT WITH RESPECT TO THE SITE, PRODUCTS, CONTENT OR SERVICES, 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 WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSABLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

  10. LIMITATIONS OF INSPIRATION’S LIABILITY

    IN NO EVENT SHALL INSPIRATION, ITS EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, VENDORS, SUPPLIERS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS WHETHER OR NOT FORESEEABLE OR WHETHER 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 OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, PRODUCTS, CONTENT OR SERVICES; (ii) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, PRODUCTS, CONTENT OR SERVICES; (iii) ANY DEALINGS WITH VENDORS, SUPPLIERS OR OTHER THIRD PARTIES; (iv) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT 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, PRODUCTS 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.

  11. ARBITRATION

    Any controversy or claim arising out of or relating to these Terms of Use 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 no be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall at Inspiration’s sole election be conducted in either Multnomah or Washington County, Oregon and judgment on the arbitration award may be entered into court having competent jurisdiction thereof. 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.

  12. JURISDICTION AND VENUE

    By accessing this Site, the Services and Products you agree that all matters relating to your access to, or use of, this Site, Products, Content and Services shall 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.

  13. GENERAL

    The Terms of Use and other Legal Notices, rules, guidelines, licenses and disclaimers posted via the Site or in connection with the Services and Products constitute the entire agreement between Inspiration and you with respect to your access and use of the Site, Services and Products and supersede any prior agreements or understandings between Inspiration and you on such subject matters. You may not assign or otherwise transfer the Terms of Use nor 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 of Use, or portion thereof, to be unenforceable, that provision shall 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 of Use shall continue in full force and effect. Any failure by Inspiration to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver or that provision or right. The paragraph titles used in these Terms of Use are solely for convenience and carry no legal or contractual effect.