Please review them carefully so that you understand your rights and obligations.
A. “Applicable Law
” means all federal and state statutory, common, and regulatory law that governs iLocalize, its customers, vendors, and visitors.
” or “Children
” means any person, or persons, eighteen (18) years of age or younger.
” means all content published on the Website, whether User Generated Content or otherwise, including all images, video and audio files, and text.
” means the Digital Millennium Copyright Act of 2000, as such is amended from time to time.
E. “Government Authority
” means any governmental or quasi-governmental entity or organization having jurisdiction over iLocalize or any of its customers, vendors, or visitors.
” means iLocalize LLC, a Utah limited liability company located at 1133 North 1190 East, American Fork, Utah 84003.
” means a continuing obligation to hold harmless from liability and loss, in all its forms, and includes an obligation to defend the indemnified party against asserted claims.
” or “Users
” means any person accessing the Website.
I. “User Generated Content
” means all content created and/or submitted by Users of the Website, including images, video content, audio content, and text.
” or “Our
” means iLocalize, its affiliates, successors, and assigns.
” means the iLocalize website, accessed at http://www.ilocalize.com
, together with any other affiliated and/or parked domains.
” or “Your
” refers to you, as an individual, association of persons, or a business entity, as the case may be.
2. Acceptance Through Use
3. Limited License and Site Access.
Download (aside from normal web browser page caching) or modify our Website content, or any portion of it, without our express written consent.
Make any derivative use of our Website or its contents, whether for commercial gain or otherwise.
Make any commercial use of the Website or its Content.
Engage in data mining of our Website content, whether though personal investigation, or by robots or similar data gathering and extraction tools.
Use any meta tags or any other hidden text containing iLocalize’s name or trademarks without our express written consent.
You may, under this limited license, create a hyperlink to iLocalize’s Website pages, so long as the link does not (1) portray iLocalize, or its products or services, in a false, misleading, derogatory, or offensive matter, or (2) contain iLocalize’s logos or trademarks without our express written consent.
4. No Use by Children
. The Website is not directed to, or intended for use by, Children. Children may not use the Website, post User Generated Content, or submit any other information to iLocalize.
5. Your Account.
By using the Website, you agree that you are responsible for maintaining the accuracy of your account information, the confidentiality of your account and password, and restricting access to your account and computer. Furthermore, you accept all responsibility, whether financial or otherwise, for any activities that occur under your account or password. iLocalize reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
During your visit to the Website, we gather some personal information about you in order to learn and continually improve your online experience. The different type of information we gather is summarized below.
A. Information Your Give Us
. We receive and store any information you enter on our Website or give us in any other way, including your account and shopping information. We use the information that you provide to respond to your requests, customize and improve your online experience, and communicate with you. Our use of, and rights with respect to, your submission of User Generated Content is governed in Section 8 below.
B. Information We Collect Automatically
. We receive and store certain types of information whenever you visit our website. For example, we may use “cookies” to remember your online preferences and recognize you on subsequent visits, and we obtain certain types of information when your web browser accesses the Website.
By using OUR Website, you grant iLocalize the right to share the information it gathers with OUR partners, whether or not for commercial use, and you release iLocalize from any liability that may arise out of the sharing, transferring, or selling of your information, regardless of whether your information is shared, transferred, or sold by iLocalize OR BY A THIRD-PARTY
7. Links to Third Party Sites
8. User Generated Content
iLocalize allows users of our Website who register for an account to post User Generated Content in certain sections of the Website on the terms set out in this Section 8. This section describes the rights of those who both publish and review User Generated Content on the Website. Please review the terms carefully so that you understand your rights and obligations with respect to User Generated Content.
A. Your Submission of User Generated Content to iLocalize
Representations and Warranties
. By posting or submitting any User Generated Content or other material to our Website you affirm, represent and warrant that:
(i) you own or otherwise control all right, title and interest in your User Generated Content, including the copyright and/or right to reproduce and publish the content on the Website;
(ii) none of the material included in your User Generated Content are false, defamatory, libelous, obscene, or pornographic; and
(iv) any of your User Generated Content relating to the sale of a product or good or the provision of a service is complete and accurate and provided consistently with Applicable Law.
Grant of License.
You hereby grant iLocalize and its designees a worldwide, royalty-free, non-exclusive, transferable, sublicenseable license (the “License
”) to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit and prepare derivative works of your User Generated Content in connection with the Website or the conduct of our business in any formats and through any media channels. iLocalize may monitor your User Generated Content as it appears on the Website and may edit or delete your User Generated Content at any time and for any or no reason without your permission. Your submissions are deemed non-confidential and we have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission of your User Generated Content.
Sole Responsibility and Indemnification
. You are solely responsible for anything contained in your submission of User Generated Content to our Website. You understand and acknowledge that iLocalize does not assume responsibility for reviewing, editing, vetting, or verifying the accuracy and completeness of your User Generated Content. You alone are legally responsible for the contents of your User Generated Content and may be held liable if any of your User Generated Content contains, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, defamatory comments, or information otherwise posing a risk of injury to a third party or third parties. By submitting your User Generated Content to our Website, you also agree to indemnify us against all loss and risk of loss that may arise from the submission of your User Generated Content to the Website.
Removal of Content
Suspension of Privileges
B. User Submitted Content on iLocalize
Does Not Represent iLocalize
. You acknowledge that the User Generated Content published on our Website does not represent the views of iLocalize or any individual associated with iLocalize. Furthermore, iLocalize does not vouch for the accuracy or credibility of any content submitted by Users of the Website, and does not bear responsibility or assume any liability for any actions you may take as a result of your accessing User Generated Content on the Website, including your reliance on User Generated Content. Through your use of the Website, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Website, you assume all associated risks
No Verification of Accounts or Identities
. You acknowledge that iLocalize does not undertake to independently verify the identities of Users who submit User Generated Content to the Website. We cannot confirm that Users of the website, including vendors or sellers, are accurately representing their identities, capabilities, accomplishments, or are otherwise in compliance with any licensing or registration requirements that may be imposed by Applicable Law. You should TAKE THE steps necessary to verifY the identity and status of any person posting User Generated Content to the Website prior to relying on such content.
Products and Services Provided As Is
. Some of the User Generated Content published on the Website may contain invitations or solicitations to purchase products or services, or may connect you with providers of products and services. You understand that any products or services advertised or listed for sale on the Website are, as to iLocalize, sold as-is, without any guarantee or warranty whatsoever, except as may be available by law against the seller. You agree to assume all risk of loss in connection with purchases made or facilitated by your use of the Website.
9. Intellectual Property
Notice and Procedure for Making Claims of Copyright Infringement
. iLocalize asks that you respect its intellectual property rights as we respect your intellectual property rights and those of other persons. If you suspect that your work has been posted on the Website in violation of your intellectual property rights, please provide us, by email at email@example.com
, the information specified below:
We’ll investigate claims, but don’t guarantee any outcomes.
10. Disclaimer of Warranties and Limitation of Liability.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest, or the electronic or physical signature of the owner himself or herself.
A description of the copyrighted work that you claim has been infringed upon.
A description of where the material that you claim is infringing is located on our website, including the web URL.
Your address, telephone number, and e-mail address.
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
Please read the following disclaimer and limitation of liability carefully:
OUR WEBSITE AND ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE, WHETHER BY ILOCALIZE OR A THIRD PARTY, ARE PROVIDED “AS IS.” ILOCALIZE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED THEREON. YOU AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ILOCALIZE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED
, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ILOCALIZE DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM ILOCALIZE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT ILOCALIZE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OUR WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE, INCLUDING DIRECT, INCIDENTAL, AND CONSEQUENTIAL, AND PUNITIVE DAMAGES.
THE LAWS OF CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
11. International Use
. Our Website is intended for use by legal U.S. residents residing within the geographic borders of the United States. If you choose to access the Website from any location other than the United States, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. We make no representation that the Website or the Content are appropriate or available for use in locations outside the United States. Accessing the Website or using any of the Content from any jurisdiction where access or use is illegal is prohibited.
We hope that any dispute that may arise between you and iLocalize regarding your use of our Website and its Content can be resolved amicably. We encourage you to contact us with your concern so that we can attempt to reach a mutually acceptable resolution. If not, you agree that any claim relating in any way to your visit to our website or to products sold by iLocalize will be brought in the courts of the state of Utah. If in state court, you consent to venue in the Third Judicial District Court of Salt Lake County, and, if in federal court, you consent to venue in the United States District Court for the District of Utah. Finally, we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
13. Applicable Law.
By visiting our Website, you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern these conditions and any dispute of any sort that might arise between you and iLocalize.
14. Severability & Construction.
If any of these conditions shall be deemed invalid or, for any reason, unenforceable, that condition shall be deemed severed, and the remaining conditions will remain in full force and effect. The numbered headings in these conditions are for informational purposes only and have no substantive effect on the construction of these conditions.