Identifi

Last Updated: September 8, 2020

These Terms of Service (“Terms”) are a contract between you and Identifi, Inc. (“Identifi,” “we,” or “us”). These Terms govern your use of our “Services,“ which refers to the services provided by Identifi for discovering, watching, and interacting with our content, including our mobile applications, TV applications, and similar players (“Apps”), our websites, and our marketing campaigns. By accepting these Terms or otherwise using the Services, you agree to these Terms. If you don’t agree to any of these Terms, you are not permitted to use the Services.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL DISPUTES EXCEPT FOR INJUNCTIVE RELIEF AND DISPUTES ELIGIBLE FOR SMALL CLAIMS COURT WILL BE RESOLVED BY BINDING ARBITRATION AND NOT COURTS, JUDGES, OR JURIES, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION AGAINST US. Please review Section 18 (“Disputes”) for full details.

We can change these Terms at any time. If we believe a change is material or that we are legally required to provide notice, we’ll use commercially reasonable efforts to let you know before the change takes effect, such as through a notice by email or through the Services. Changes to these Terms that we believe are immaterial are effective immediately upon posting of the new Terms on the Services. By using the Services on or after that effective date, you agree to the new Terms. If you don’t agree with any changes to these Terms, you must immediately stop using the Services, including cancelling any subscriptions and deleting any account(s), as any use of the Services after the effective date of the new Terms will be subject to the new Terms.

Who Can Use Identifi. We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Identifi community. By using the Services, you affirm that

You must be at least 13 years old.
You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
We must not have previously disabled your account for violation of law or any of our policies.
you are located in one of the geographic territories to which Identifi directs the Services.

How You Can't Use Identifi. Providing a safe Service for a broad community requires that we all do our part.

You can't impersonate others or provide inaccurate information.
You don't have to disclose your identity on Identifi, but you must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren't, and you can't create an account for someone else unless you have their express permission.
You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
You can't violate (or help or encourage others to violate) these Terms or our policies.
You can't do anything to interfere with or impair the intended operation of the Service.
You can't attempt to create accounts or access or collect information in unauthorized ways.
This includes creating accounts or collecting information in an automated way without our express permission.
You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.
You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property.
You can't use a domain name or URL in your username without our prior written consent.

Permissions You Give to Us as A “Creator” on the Service. As part of our agreement, you as a “Creator” on the Service also give us permissions that we need to provide the Service.

We do not claim ownership of your content, but you grant us a license to use it.
Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it.
Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.
You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage, without any compensation to you.
You agree that we can download and install updates to the Service on your device.

Account

You may need to register for an account to use all or part of the Services, such as the Apps. When you register for an account or sign up for our mailing list, you may be required to provide us with some information about yourself, including personal information such as your email address, password, and/or year of birth. You represent and warrant that the information you provide to us is accurate. We may require that you change your password or any other information that you provide to us in registering for an account. Your login is for your personal use only and may not be shared by you for others to access your account. You agree to use a strong, unique password for Services that is not used on other services and acknowledge that reusing passwords may lead to others being able to access your account. You, and not Identifi, are responsible for any use or misuse of your account or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your login information or your Services account. Accounts may only be created on certain devices and may then be used across websites and devices made available in your region.

Subscriptions

We offer some Services to you for free while other Services require you to first enable a subscription or pay-per-view (PPV) purchases that may require payment (collectively, “Subscription”). Subscriptions may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications with you. Subscription offerings may vary by jurisdiction, including in availability, pricing, and enabled features and content. Any recurring or monthly Subscription will continue and automatically renew until terminated or as otherwise stated during sign-up or other communications with you. You can cancel your Subscription before it renews as set out below in the “Cancellation” section. You can find specific details regarding your Subscription in the Settings of the Apps.

By signing up for a Subscription , you agree that Identifi or its payment processor may charge the fees shown to you during sign up on a periodic basis to the payment method you specify at the time of your initial purchase. All fees for the Subscription are non-refundable to the fullest extent permitted under applicable law. You acknowledge and agree that any fees for the Subscription may increase at any time, subject to any prior notice that we may provide. Additional fees may apply for new features, content, or additions to the Apps that may be made available from time to time, in which case Identifi will provide you with notice in advance of charging the additional fees. In the event Identifi charges additional fees in connection with the Subscription, you will have an opportunity to review and accept the additional fees that you will be charged, prior to being charged. If you do not accept any such additional fees, Identifi may discontinue your access to the Subscription. You acknowledge and agree that Identifi may use Apple Pay, Google Pay, or other third-party payment processors to process fees for the Subscription on our behalf, and that Identifi will not be liable for any errors caused by such third-party payment processors.

Trials

We may sometimes offer free or discounted trials to our Subscriptions . If we offer you a trial, the duration, pricing (including whether it’s free), and other details of your trial will be stated either in the material describing the particular trial or during your sign-up for the trial. The terms of such trial offers may change and such offers may expire at any time. Trial offers may vary based on region and the specific user. If you cancel or upgrade your subscription during a trial or while using a promotional code or other credits, your trial may end and the offer may no longer be available.

Some trials will auto-enroll users into normal Subscription fees after the trial period expires. For such plans, you will receive a prompt to accept those terms and the payment processor may charge a small amount to verify that your payment method is valid. Under these plans, once your trial period ends, we will automatically begin billing your payment method for your periodic Subscription fees (plus any applicable taxes), unless you cancel prior to the end of your trial. For that reason, unless otherwise indicated in the trial description, you will be asked to set up a valid payment method when redeeming a trial offer. For existing subscribers who accept a trial to the Apps, at the end of the trial, you may be charged a prorated amount to cover the period between the date the trial ends and the date your next billing period begins. If you don’t want to be charged after your trial period under an auto-enroll trial plan, please cancel your trial Subscription no later than the day before the last day of your free trial period.

Cancellation

Your Subscription will continue on a recurring basis according to its terms unless and until you cancel your Subscription or are otherwise suspended or discontinued pursuant to these terms. You must cancel your Subscription before your next renewal date in order to avoid billing for each renewal period. We or our payment processor will bill the periodic Subscription fee plus any applicable taxes to the active payment method at the time. If you modify your Subscription to switch from one Subscription plan to another during your billing period, you may not have continued access to your original Subscription plan. If you cancel your Subscription, cancellation will be effective at the end of the current billing period -- this means that you will have continued access to your Subscription for the remainder of that period, but you will not receive a refund. You will also forfeit any service, referral, or redeemed gift card credits upon cancellation, including if you switch your billing method from Identifi’s direct billing to a third-party payment processor like Apple Pay or Google Pay, or vice versa. You can cancel any Subscription by logging into your account online atwww.weidentifi.com and following the instructions in the settings of your account. If you pay for your Subscription through your account with a third party (e.g. through the Google Play store) and want to cancel your Subscription or manage your billing, you may need to do so through your account with such third party.

Ownership of Content and Services

You acknowledge and agree that Identifi owns all rights, titles, and interest in and to the Services, including: (a) all videos, audio, images, graphics, text, interfaces, information, data, software, and all other elements of the Services, and the design, selection, look, feel, and arrangement thereof; and (b) all intellectual property and other legal rights (including, but not limited to, any and all copyrights, patents, patent applications, trade secrets, trademarks and other intangible rights) therein and thereto. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services or any content or information made available through the Services without Identifi’s written consent or the use of Identifi’s sharing features. You will not acquire or earn any ownership rights in any copyrights, patents, trade secrets, trademarks or other intellectual property rights on account of these Terms or any access to or use of the Services. You agree that all content provided to you through the Services is owned or licensed by Identifi, its service providers, and/or other third parties, and that you will have no ownership rights in such content.

Comments

Some content on Identifi may allow interactive commenting or messaging. By commenting in a Identifi show or live stream, you agree that Identifi, its affiliates, and their respective officers, directors, employees, contractors, and agents (collectively, the "Administrators") will not be liable for any technical, administrative, or other problems that may cause commenting to be disrupted or corrupted, or for errors in any promotional or marketing materials related to commenting. If for any reason commenting is not executed as planned or the Administrators have concerns about the fairness, integrity, or other aspects of the commenting, the Administrators may, in their sole discretion, take any action they deem appropriate, including (a) terminating or suspending commenting at any point, or (b) disqualifying, blocking or removing any comments for any reason. By commenting, you agree to release, indemnify and hold the Administrators harmless against any and all claims and liabilities of any kind arising directly or indirectly out of your participation in the commenting.

License Grant and Restrictions

Subject to your compliance with these Terms and payment of all applicable fees, Identifi hereby grants you a limited, personal, nonexclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your personal, noncommercial use, as provided herein. The following uses of Services are prohibited:

transferring or otherwise permitting any other person or entity to access the Services using your account, which you acknowledge and agree is personal to you and is non-transferable;
publishing, reproducing, distributing, displaying, performing, editing, adapting, modifying, creating derivative works of, reselling, or otherwise exploiting the Services or any content distributed thereon except through the use of Identifi's sharing features;
circumventing or disabling any content protection system or digital rights management technology used with the Services;
decompiling, reverse engineering, disassembling, or otherwise reducing the Services or any software or technology provided to you in connection with the Services, to a human-readable form, except to the extent expressly permitted by applicable law notwithstanding this restriction;
removing identification, copyright, trademark, or other proprietary notices from content or materials provided on the Services;
accessing or using the Services in an unlawful or unauthorized manner;
accessing or tampering with non-public areas of the Services, our computer systems, or the systems of our service providers or partners;
accessing or searching the Services by any means other than the generally available, published interfaces (e.g., APIs) that we provide;
forging any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false information;
impersonating or otherwise posing as someone you aren’t in communicating with us, creating an account, or otherwise using the Services;
interfering with, or disrupting, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Services;
conducting facial recognition on any content or other visual material available on the Services; and
attempting to do, or assisting any third party in doing, any of the foregoing.

You may access our Services only via our Apps, supported devices for casting or mirroring, or standard browsers such as Chrome, Safari, Firefox, Internet Explorer, and not with scripts, bots, or other automation code that access our Services to extract content or information ("Crawling"). In addition to the rules about Crawling above, you must not conduct or support Crawling of our Services except with prior written notice to us and in full compliance with the provisions of our robots.txt file. We reserve the right to withdraw permission granted for Crawling for any and all reasons, including, without limitation, our assessment that your Crawling places an excessive load or burden on the Services (as determined by Identifi).

Our Services (including any software, content, or other copyrighted materials) are licensed, not sold to you. You must not copy, adapt, distribute, publicly display or publicly perform any copyrighted materials we make available as part of our Services, except in full compliance with these Terms, which constitute license conditions and limitations, and contractual covenants. You acknowledge that fees, such as those from your mobile carrier or Internet service provider, may apply to the use and operation of your device in connection with your use of the Services, and that you are solely responsible for any such third-party terms and fees.

We will not take legal action against security researchers for violations of relevant restrictions on the use of Service to the extent that they are in compliance with the rules and policies in our responsible vulnerability disclosure program.

Access to Services

You acknowledge the following:

Identifi requires high-speed Internet access and a Identifi-compatible device. The quality of the content may differ based on your device, settings, and network quality. Not all devices are supported for casting and mirroring.
Certain features, content, Subscription plans, or Services may not be available or may be different based on the time, geographic location, device, account settings, or behavior on the Apps;
Access to the Services may be interrupted for reasons within or beyond the control of Identifi, and that Identifi cannot and does not guarantee you will be able to access or use the Services whenever you wish to do so;
Identifi offers its Services in locations, times, and on platforms in its sole discretion, and availability may be unavailable, prohibited, revoked, or discontinued at any time; and
Features, content, or Services offered may be changed or removed at any time.

To the fullest extent permitted under applicable law, we will not be liable for any change to or any discontinuation of the Services. You agree that no refunds, discounts, or other consideration shall be provided to you by Identifi or its partners for being unable to access the Services or part of the Services unless legally required.

Third Party Services and Links

The Services may contain links to third-party content and integrations with third parties, such as advertisers and social media sites. Identifi does not control, endorse, sponsor, recommend, or otherwise accept responsibility for any loss or damage that may arise from your use of such third-party content and integrations. These links and integrations are provided only as a convenience, and Identifi does not make any representations or warranties with respect to third-party links and integrations. Use of any linked third-party content and integrations is at your own risk and subject to the terms of use for such third-party content.

Security

If you find a security vulnerability in the Services, you must report the issue to us at support@weidentifi.com and keep it confidential until we have fixed the vulnerability.

Identifi’s Trademarks

The word “Identifi,” the Identifi logo, the phrase “We Identifi” and other Identifi marks, graphics, and logos are trademarks of Identifi. None of the Identifi trademarks may be used, copied, downloaded, or otherwise exploited without Identifi’s prior written consent in each instance. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of Identifi or the owner of the marks, as applicable.

Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services will be governed by rules that are separate from these Terms. If you participate in any Promotions, please carefully review any promotion-specific rules as well as our Privacy Policy. If and to the extent those rules conflict with these Terms or the Privacy Policy, the Promotion rules will govern.

Feedback

Identifi may use any comments, information, ideas, concepts, suggestions, reviews, techniques, or any other material contained in any communication you send to us (“Feedback”), including customer support inquiries or responses to surveys, worldwide and in perpetuity without compensation, acknowledgment or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and creating, modifying, or improving the Identifi Services. In addition, you agree to waive and not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.

Communications with You

As permitted by applicable law, Identifi, Identifi’s service providers, and/or Identifi partners may send you communications that (i) solicit Feedback via email, surveys, bug reports, or other methods Identifi may determine; (ii) collect additional information regarding issues you report in your Feedback; (iii) notify you of changes to the Services or these Terms; and (iv) tell you about future Identifi programs, products or services.

Unsolicited Materials

Identifi does not accept unsolicited materials or ideas for content. Should you send any unsolicited materials or ideas, you do so with the understanding that (a) there is no implied agreement of any sort between you and Identifi regarding such materials or ideas, (b) no consideration of any sort will be provided to you, (c) neither Identifi nor any of its affiliates is responsible for the alleged or actual similarity of any content or programming in any media to such unsolicited materials, and (d) you are hereby waiving and releasing any and all moral rights or other claims against Identifi and its affiliates related to such materials and ideas, even if any content or programming developed, produced or exploited by Identifi or its affiliates in any manner is substantially similar to the material or idea you submitted to us. Identifi’s standard policy is to return unsolicited materials submitted in writing (and delete any materials submitted electronically) without reviewing them or keeping a copy.

Customer Support

Identifi cares about your issues, thoughts, and concerns. To help us find the best person to address your issue, please email the appropriate contact below:

Report a bug, security vulnerability, privacy issue or feedback: support@weidentifi.com
Media, advertising or sponsorship inquiries or issues: media@weidentifi.com
Submissions for content: n/a (we do not accept unsolicited submissions, see above)

Complaints

If you have a question or complaint regarding our Services, please send an e-mail to support@weidentifi.com . Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Disputes

If you have an issue or concern with the Services, we’d like to try to resolve it informally first. Before filing a legal complaint against Identifi, you agree to try to resolve the dispute informally by contacting support@weidentifi.com . We’ll try to resolve the dispute informally by responding to you by email. If the dispute is not resolved within 15 business days of submission, you or Identifi may bring a formal proceeding.

Venue. You and Identifi agree that any judicial proceeding to resolve claims relating to these terms or the Service will be brought in the federal or state courts of Los Angeles County, California, subject to the mandatory arbitration provisions below. Both you and Identifi consent to venue and personal jurisdiction in such courts for any matters not resolved by arbitration as provided below. If you reside in a country (e.g., in the EU or Canada) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those rights.

Arbitration. Unless you are a consumer located in a jurisdiction that prohibits the exclusive use of arbitration for dispute resolution or class action waivers, you also agree to the following mandatory arbitration provisions and class action waivers to the extent they are not prohibited under local, applicable law:

We both agree to arbitrate. You and Identifi each agree to resolve any claims relating to these Terms or the Services (“Disputes”) through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE FINAL EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT OR SIMILAR LEGISLATION IN THE JURISDICTION WHERE THE ARBITRATION IS SEATED.
30-day right to opt-out of agreement to arbitrate. You can decline this agreement to arbitrate by emailing us at support@weidentifi.com from the email address associated with your account (if you have one), including your name and a statement of your intention to opt out in the body of the email. Your opt-out notice must be sent to us no later than thirty (30) days after your first becoming subject to this arbitration agreement; otherwise, you will be bound to arbitrate all Disputes in accordance with this Section 18. If you opt out of this agreement to resolve all Disputes by arbitration, Identifi also will not be bound by this agreement to arbitrate Disputes. Your election to opt out of this arbitration provision will apply only to Disputes that arise after the date you opt out. Any Disputes arising on or before the date you opt out of arbitration will continue to be governed by this arbitration agreement. If you have previously opted out of this arbitration agreement under a prior version of these Terms, you do not need to opt out again.
Arbitration procedures. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined exclusively by arbitration in Los Angeles, California in the United States of America before an arbitrator. The arbitration shall be administered by JAMS pursuant to its JAMS’ Streamlined Arbitration Rules and Procedures. The language to be used in the arbitral proceedings will be English. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Exceptions to the agreement to arbitrate. Either you or Identifi may assert Disputes, if they qualify, in small claims court in Los Angeles, CA, or any United States county where you live or work. Identifi may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Los Angeles County, California to resolve your claim to the fullest extent permitted by applicable law.
NO CLASS ACTIONS. TO THE FULLEST EXTENT OF THE LAW, YOU AND IDENTIFI AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND NEITHER YOU NOR IDENTIFI WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY, EXCEPT THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF IN THE ARBITRATION IF APPLICABLE. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Filing period. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE UNDER THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR, EITHER IN AN ARBITRATION PROCEEDING. The one-year period begins when the events giving rise to the Dispute first occur. If a claim is not submitted within one year, it is permanently barred. This period can only be extended by the written consent of both parties. No statutes or provisions of law that would toll or otherwise affect the time in which a party may bring a claim shall operate to extend the period limited in this Section, and any such statutes and provisions are hereby waived, to the fullest extent permitted by law.
Modifications. You have the right to reject any changes to this arbitration provision, except for a change to Identifi’s contact information. You may reject a change by sending us written notice within 30 days. This will result in your account on the Services being immediately terminated. Note that this arbitration provision, as it was prior to the rejected changes, will remain in effect.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, AND ARE PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, IDENTIFI, THEIR RESPECTIVE AFFILIATES, SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, PROVIDERS (INCLUDING THOSE WHO HELP ADMINISTER AND OPERATE THOSE SERVICES), AGENTS, AND SUPPLIERS (COLLECTIVELY, THE “IDENTIFI PARTIES”) DO NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY, OR NON-INFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE; OR AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICES, WHETHER PROVIDED IN VIDEO, AUDIO, TEXTUAL, GRAPHICAL, OR OTHER FORM (THE “SERVICE CONTENT”). IDENTIFI PARTIES NO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PROVIDERS. IDENTIFI PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DECISIONS YOU MAY MAKE IN RELIANCE ON THE SERVICES OR SERVICE CONTENT, OR FOR ANY DEFECTS OR ERRORS IN THE SERVICE, FOR YOUR USE OF THE APPS WITH HARDWARE THAT DOES NOT MEET THE MINIMUM REQUIREMENTS SPECIFIED BY IDENTIFI, OR FOR YOUR USE OF ANY VERSION OF THE APPS OTHER THAN THE MOST RECENT GENERALLY AVAILABLE RELEASE OF SUCH APPS. YOU EXPRESSLY AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR THE LOSS OF DATA, THAT RESULTS FROM USE OF THE SERVICES.

Limitations of Liability

This paragraph is inapplicable in Quebec: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IDENTIFI BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF USE, LOSS OF LIFE OR HEALTH, THE CLAIMS OF THIRD PARTIES, AND ANY COST OF ANY SUBSTITUTE SERVICES, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF THE IDENTIFI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE IDENTIFI PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE GREATER OF THE ACTUAL AMOUNT YOU PAID FOR THE SERVICES (IF ANY) AND USD $100. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THE BASIS OF THE BARGAIN CONTEMPLATED BY THESE TERMS.

THE FOREGOING LIMITATIONS SHALL APPLY ONLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW (SOME JURISDICTIONS DO NOT PERMIT DISCLAIMERS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THESE TERMS MAY NOT APPLY TO YOU).

Indemnity

To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless the Identifi Parties (as defined above) and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with the Services (including all Feedback); (b) any violation or alleged violation of these Terms by you, and (c) your fraud, intentional misconduct, negligence, or other tortious or criminal acts or omissions. Identifi reserves the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you shall provide Identifi with such information and assistance as Identifi reasonably requests.

Termination

Identifi may terminate or suspend your use of the Services at any time and without prior notice, for any or no reason, including if Identifi believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, your right to use the Apps will immediately cease, and Identifi may, without liability to you or any third party to the fullest extent permitted by applicable law, immediately deactivate or delete your account, and all associated data and materials, without any obligation to provide any further access to such data or materials. Identifi reserves the right to pursue all rights and remedies available at law or equity. These terms shall survive the termination of your account, deletion of data, and opt out by the user.

Governing Law

These Terms are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.

Miscellaneous

Identifi’s Relationship with You. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Identifi.
No waiver. Identifi’s failure to enforce any provisions of these Terms or respond to a violation of these by any person does not waive Identifi’s right to subsequently enforce any terms or conditions of the Terms or respond to any such violations.
Severability. If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that such provision shall be deemed severable from these Terms, that the court should try to give effect to the parties’ intentions as reflected in the provision, and that all other provisions of the Terms will remain in full effect.
Assignment, Transfer, and Sublicensing. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction.
Headings. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains or affects the interpretation of any section or provision or the rights of any party.
Interpretation. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.”
Force Majeure. Identifi will not be responsible for any failure to fulfill any obligation due to any cause beyond its reasonable control.
Entire agreement. These Terms (including any document incorporated by reference into them) are the whole agreement between Identifi and you concerning the Services.
Notices. Notices to you (including notices of changes to these Terms) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail.
Admissibility. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Export Control. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Language. The parties have requested and agreed that this contract and all related documents shall be drafted in English only.

Apple-Specific Terms

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the Apps compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the Apps. Apple is not providing any warranty for the Apps except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Apps and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Apps, including any third-party product liability claims, claims that the Apps fail to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Apps, including those pertaining to intellectual property rights, must be directed to Identifi in accordance with the “Customer Support” section above. The license you have been granted herein to our iOS-compatible Apps is limited to a non-transferable license to use the Apps on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the Apps may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Apps, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, Company’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms are not subject to the consent of any third party.

© 2020 Identifi, Inc. unless otherwise noted. All rights reserved. Identifi and its Logo are trademarks of Identifi, Inc. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners.

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