InfiniteSM Inc. (“iSM”) is the developer and owner of iSM Apps (the “Platform”), which is offered to users (the “Users” or “you”) through Mom Central Inc. (“Mom Central”) based on the following terms (the “Terms”):
- By using the Platform you (also known as the “user” or collectively referred to as “users”) agree to be legally bound by these Terms. If you do not agree to these Terms, you may not use the Platform. ISM and Mom Central reserve the right to update these Terms at any time, and as well, any updates that are made to the Platform (whether in the form of upgrading an existing app or producing a new app) will be subject to these Terms. By continuing to use the Platform, you agree to be bound by updates to these Terms. Failure to abide by these Terms will result in your being banned from any usage of any the Platform.
- You can use the Platform as long as:
- You are using the Platform for personal use, and not for the purpose of reselling or distributing anything that may be offered through the Platform to end users
- You do not employ any kind of automated system to send multiple requests for the same offering
- You do not attempt to collect any user information from any other user of the Platform
- You do not copy any aspect of the Platform for unauthorized use
- You do not use the Platform for purposes other than those intended by iSM and Mom Central
- You comply with all other Terms outlined herein
- All user-submitted content must comply with Canadian copyright law.
- Content submitted will remain the property of the user, but by submitting it you give iSM and Mom Central (and also confirm that you have the legal right to give iSM and Mom Central) the royalty-free, irrevocable, perpetual, worldwide right to allow other people to view the content, and also to use, distribute, modify, display, publicly perform, and create derivative works from the content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to the user consistent with the purposes and function of the particular campaign from which the content was collected.
- The Platform is controlled by iSM from its head office in the Province of Ontario, Canada. Non-Canadian users are not eligible for anything offered through the Platform, including but not limited to contest prizes and coupon offers. Any content provided by non-Canadian users will be considered to have been voluntarily submitted and subject to Canadian law.
- In no event will iSM and Mom Central and each of their respective officers, directors, employees, affiliates, licensors, suppliers and agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any errors, mistakes or inaccuracies within the Platform, or any unauthorized access to iSM or Mom Central’s servers and/or any content.
- You agree to defend, indemnify and hold harmless iSM and Mom Central and each of their respective officers, directors, employees, affiliates, licensors, suppliers and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of the Platform, your violation of any of the Terms, your violation of any third party right including without limitation any copyright, property or privacy right, or any claim that some or all of your content caused damage to a third party. This obligation survives your use of the Platform.
- You agree to defend, indemnify and hold harmless iSM and Mom Central and each of their respective officers, directors, employees, affiliates, licensors, suppliers and agents.
- These Terms constitute the entire agreement between you and the Platform.
- You acknowledge that if iSM and/or Mom Central do not exercise or enforce any legal right or remedy with respect to these Terms, of which iSM and Mom Central have the benefit of under any applicable law, iSM and Mom Central will still retain the right to pursuing those rights and remedies at any time.
- If any of these Terms are ruled invalid in a court of law, the specific term will be removed without having any effect on the other Terms, which will remain valid and enforceable.
- These Terms and your relationship with iSM and Mom Central will be governed by the laws of the province of Ontario, Canada.