Last updated: March 15, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the any Instigator Studio electronic stickers application for mobile devices mobile application (the “Service”) operated by Instigator, Inc. (“us”, “we”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Links To Other Websites
Our Service may contain links to third party web sites or services that are not owned or controlled by Instigator, Inc. Instigator, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Instigator, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
The Service contains material including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements we have with third parties. The Content and the compilation (meaning the collection, arrangement and assembly) of all Content and Services are protected by United States and foreign intellectual property laws. Unauthorized use of the Content or Service may result in violation of copyright, trademark, trade dress, patent, and/or other rights and laws. Except as expressly authorized in writing by us or expressly permitted by these Terms or applicable Additional Terms, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) of the Service or the Content, in whole or in part.
Our trademarks, service marks, and logos used and displayed on the Service are our registered and unregistered trademarks or service marks. Other company, product, and service names used and displayed on the Service may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and collectively with our Trademarks, the “Trademarks”). Nothing on the Service or in these Terms or any Additional Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Service without the prior written consent of the Trademark owner for each such use. The Trademarks may not be used to disparage us or the any third-party owner, any or our products or services or any other applicable third-parties, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. We reserve all rights not expressly granted herein.
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sub-licensable, personal license to use the Service and Content for your own personal use, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, scrape, or otherwise attempt to discover any source code, or sell, assign, sublicense, or otherwise transfer any right in the Service or Content. You may copy or save any Content or a portion of it in limited cases for personal use or records, provided that any logos marks or other legends that appear on copied screens remain and are not removed from the Content. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Except for those rights expressly granted in these Terms or any applicable Additional terms, no other rights are granted to you or any third party, whether express or implied.
Information Submitted Through the Service
Except for information necessary to place an order, you may not submit or share confidential or proprietary information or trade secrets through the Service.
Sharing an Idea with Us
If you wish to share an idea or suggestion with us, you must submit the idea to us at email@example.com. By submitting an idea or suggestion, you grant us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute it for any purpose whatsoever, with no payment or other compensation to you.
We reserve the right, but have no obligation, to monitor use of the Service and/or any activities conducted through or in any way related to the Service. You acknowledge and agree that we reserve the right (but have no obligation) to do one or more of the following in our sole discretion, without notice or attribution to you: (i) monitor submissions as well as access to a Service; (ii) alter, remove, or refuse to post or allow to be posted any submission; and/or (iii) disclose any submission, and the circumstances surrounding their transmission, to any third party in order to operate any Service; to protect ourselves, our subsidiaries and affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees, and the Service’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose. We disclaim any responsibility for content submitted by users on or through any of the Service.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of North Carolina, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Disclaimer of Warranties
Disclaimer of warranties. We and/or our parents, subsidiaries, affiliates and licensors and their directors, officers, employees, agents and representatives (collectively, the “company parties”) make no representations or warranties about the service or content for any purpose. The company parties do not warrant that the service or the content will meet any requirements or needs you may have, or that the service will operate error free or in an uninterrupted manner, or that any defects or errors will be corrected, or that the service are fully compatible with any particular platform or third-party application.
The company parties make no warranties or representations about the content, including but not limited to its accuracy, completeness, timeliness, or reliability. The company parties shall not be liable for the truth, accuracy, or completeness of the content or any other information conveyed to you or for errors, mistakes, or omissions therein.
You agree that you use the service and the content at your own risk and that the service and content are offered on an “as is” basis and no warranty, either express or implied is given. You agree that you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of any service or content. The company parties expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the waiver or exclusion of implied warranties, so they may not apply to you.
Limitation of Liability
In no event shall the company parties be liable for any special, indirect, exemplary, incidental, consequential or punitive damages or any damages whatsoever resulting from loss of use, data, or profits, loss of other intangibles, loss of security of information you have provided in connection with your use of the service, or unauthorized interception of any such information by third parties, whether in an action of equity, contract, negligence, tortious action, or any other legal theory, arising out of or in connection with the use or performance of the service or content, even if advised in advance of such damages or losses. In particular, and without limitation, the company parties will not be liable for damages of any kind resulting from your use of or inability to use the service or from any content posted on the service by us or any third party. Your sole and exclusive remedy for dissatisfaction with the service is to stop using the service. The maximum liability of the company parties for all damages, losses and causes of action, whether in contract, tort (including without limitation negligence) or otherwise, shall be the total amount, if any, paid by you us to access and use the applicable service.
These limitations and exclusions will apply notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the limitations of damages and/or exclusions of liability for incidental or consequential damages. In such jurisdictions, the liability of the company parties shall be limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use, or misuse of the Service or Content. The Company Parties shall provide notice to you of any such claim, suit, or proceeding. The Company Parties reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with all reasonable requests to assist the Company Parties in defense of such matters.
Compliance with Applicable Laws
We are based in the United States. We make no claims concerning whether the Service or Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Service or Content from outside the United States, you do so at your own risk. Whether inside or outside the United States, you are solely responsible for ensuring compliance with the laws and regulations of your specific jurisdiction.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org