IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE WEBSITES OR THE SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE WEBSITES.
1. Acceptance of Terms.
You represent and warrant that if you are an individual, you are of legal age to agree to these terms and conditions or you are age thirteen (13) or older and have your parents’ permission to do so, and that all registration information you submit (including any details you submit for a parent or guardian) is accurate and truthful. Iridescent may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
4. Rules and Conduct.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk, spam or bulk e-mail (including without limitation any postings to third party social media sites which are linked to the Websites or the Service);
- involves commercial activities and/or sales without Iridescent’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Iridescent or any third party; or
- impersonates any person or entity, including any employee or representative of Iridescent.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Iridescent in its sole discretion) an unreasonable or disproportionately large load on Iridescent’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Iridescent may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); or (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Websites.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except (A) for any part of the Service which is licensed under an open source or similar license or (B) to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service except where license permits, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords with your account. You must notify Iridescent immediately of any breach of security or unauthorized use of your account. Iridescent will not be liable for any losses caused by any unauthorized use of your account.
Iridescent reserves the right to refuse registration of, or cancel a Curiosity Machine Username in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Curiosity Machine password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Iridescent in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
6. Child Users
If You are a User of the Websites and are under the age of 13 (“Child User”), You may not register an account for the Websites without consent and approval from your legal parent or guardian. A Child User that begins the registration process for himself or herself without a Parent User may have the registration process restricted until a Parent User approves or assumes responsibility for the Child User account. Additionally, a Child User may use the Websites if registered through certain educational organizations or, in certain cases (as defined below), by Coaches that have entered into a relationship directly with Iridescent and through which education organization or Coach the legal parent and/or guardian of such Child User has consented to use of the Websites. Further, in certain instances, a Child User may use our Websites via one of the third party applications that integrate into or with the Websites. A Child User that has registered through such external educational organizations, third party applications, or Coaches will only be permitted to use the Websites for so long as Iridescent reasonably believes that such access has been consented to by the Child User’s parent or guardian.
7. Parent Users.
If You are at least 18 years of age and you are the legal parent or guardian of a child that seeks to register as a Child User of the Websites, You may register a parent account on the Websites (“Parent User”). As a Parent User, you may create, register, manage and approve Child User accounts only for your own child(ren) or child(ren) for whom you are a legal guardian. IF YOU REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER’S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITES BY THE CHILD USER. You acknowledge that Iridescent may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Iridescent deems necessary to validate Your registration information, including without limitation engaging third parties to provide verification services. Iridescent reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT IRIDESCENT CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER DURING REGISTRATION IS SUCH CHILD USER’S ACTUAL PARENT OR GUARDIAN. A Parent User account, along with all associated Child User accounts, may be terminated by Iridescent at any time and without warning for any failure to abide by these Terms.
8. Third Party Sites.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Websites. When you access third party websites, you do so at your own risk. These other websites are not under Iridescent’s control, and you acknowledge that Iridescent is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Iridescent or any association with its operators. You further acknowledge and agree that Iridescent 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 the use of or reliance on any such Content, goods or services available on or through any such website or resource.
9. No Emergency Services
10. Iridescent and Site Content
You agree that the Service contains Content specifically provided by Iridescent or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
You may, to the extent the Websites expressly authorize you to do so, download or copy the Content, and other items displayed on the Websites for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Iridescent, or from the copyright holder identified in such Content’s copyright notice.
11. User Submissions
The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “Posting”) data, text, photographs, graphics, visualizations, videos, audio clips, written forum comments, designs, know-how, ideas, inventions or other information or content, to the Service (“User Submissions”).
The User Submissions you create remain yours. This includes any content submitted to Curiosity Machine, and any ideas, apps, business plans, and related materials submitted through Technovation Challenge. However, by sharing User Submissions through the Service, you agree to allow others to view, edit, and/or share your User Submissions in accordance with this Agreement. Iridescent has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
By submitting User Submissions to Iridescent, by Posting User Submissions on or at any of the Websites or otherwise through the Service, or displaying, publishing, or otherwise Posting any content on or through the Websites or the Service, you:
- represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by Iridescent (including without limitation, publishing content on or at the Websites) will not infringe or violate the rights of any third party; and
- acknowledge and agree that: (i) Iridescent shall have the right to reformat, excerpt, or translate your User Submissions; (ii) all information publicly posted or privately transmitted through the Websites is the sole responsibility of the person from which such content originated; (iii) Iridescent will not be liable for any errors or omissions in any content; and (iv) Iridescent cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
You hereby grant Iridescent a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Submissions and your name, voice, and/or likeness as contained in your User Submissions, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Iridescent’s business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels, and grant Iridescent license to incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback that you provide to Iridescent relating to the operation of the Service. Iridescent does not claim and does not seek any ownership rights in apps, business plans, and related materials submitted through Technovation Challenge.
You also hereby grant each User of the Service a nonexclusive license to access your User Submissions through the Service, and to use, display, reproduce and perform such User Submissions solely as permitted through the functionality of the Service and under this Agreement. Iridescent does not endorse and has no control over any User Submission. Iridescent cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service and all User Submissions provided by you are at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Iridescent has no obligation to monitor the Websites, the Service, Content, or User Submissions. Iridescent may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Under no circumstances will Iridescent be liable in any way for any Content or User Submissions, including, but not limited to, any errors or omissions in any Content or User Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any Content or User Submissions posted, emailed, accessed, transmitted or otherwise made available via the Service. Iridescent is not responsible for any data which is deleted (either intentionally or unintentionally) at the direction of any user.
13. Warranty Disclaimer
Iridescent has no special relationship with or fiduciary duty to you. You acknowledge that Iridescent has no control over, and no duty to take any action regarding: which users gains access to the Websites; what Content you access via the Websites; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Iridescent from all liability for you having acquired or not acquired Content through the Websites. The Websites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Iridescent makes no representations concerning any content contained in or accessed through the Websites, and Iridescent will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Websites.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IRIDESCENT, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT: (A) THAT THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THAT ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE INTEGRITY OR SECURITY OF ANY USER SUBMISSION OR OTHER DATA PROVIDED TO THE SERVICE; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): IRIDESCENT MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE WEBSITES OR ANY WEBSITE LINKED TO THE WEBSITES. Iridescent will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Iridescent’s equipment, transmitted over networks accessed by the Websites, or otherwise connected with your use of the Service.
15. Digital Millennium Copyright Act
It is Iridescent’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Iridescent as set forth in the DMCA.
Iridescent will promptly terminate without notice Your access to the Websites if You are determined by Iridescent to be a “repeat infringer.” A repeat infringer is a User who has been notified by Iridescent of infringing activity violations more than twice and/or who has had User Content or any other user-submitted content removed from the Websites more than twice.
16. General Content Disclaimer
Iridescent makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of any Content, and you should not rely on the Content for any purpose. No Content is intended to substitute for personal advice from a qualified professional. When applicable, always seek the advice of a qualified professional, and never disregard professional advice or delay in seeking it because of any Content.
By using the Service, you agree that Iridescent shall not be responsible for (1) any Content, (2) any person’s reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service.
17. Limitation of Liability
IN NO EVENT SHALL IRIDESCENT, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
18. International/Non-California Use
Iridescent makes no representation that the Content is appropriate or available for use in locations outside of California, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
19. Dispute Resolution
20. Integration and Severability