READ CAREFULLY. This Terms and Conditions of Use Agreement (“Terms of Use” or “Agreement”) applies to You (“You”) and Your (“Your”) use of www.ISEBOX.com, ISEBOX.net, or any subdomain of ISEBOX.net (“Site”). The Site is the property of ISEBOX Ltd., a United Kingdom LTD, (“ISEBOX” or “We”) together with its parents, subsidiaries, affiliates, and designees. ISEBOX is a Software-as-a-Service platform that manages, prepares, distributes, and tracks content.

 

ISEBOX reserves the right, at its sole discretion, to change, add, or remove portions of the Terms of Use at any time and without notice. It is Your responsibility to review the Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that You accept and agree to the changes. You agree that participating in any promotion, submitting any information and/or downloading any content You will be subject to the Terms of Use. As long as You comply with the Terms of Use and any such modifications, ISEBOX grants You a personal, non-exclusive, non-transferable, non-sub-licensable, limited privilege to enter and use the Site.

 

Consent To Collection, Use & Disclosure of Your Personal Information. As more fully described in the Privacy Policy, You may be required to disclose certain personally identifiable information to use the Site and register an ISEBOX Download Account. As a condition of using the Site, You represent that You have first read the Privacy Policy and consent to the collection, use, and disclosure of Your personally identifiable information and non-personally identifiable information as described in the Privacy Policy below. The Privacy Policy may change from time to time. As a condition of browsing the Site or using any features, You agree that You will first review the Privacy Policy prior to using the site. While ISEBOX takes reasonable steps to safeguard and to prevent unauthorized access to Your information, ISEBOX cannot be responsible for the acts of those who gain unauthorized access to the Site or Your information and ISEBOX makes no warranty, express, implied, or otherwise that ISEBOX will prevent unauthorized access to Your information. IN NO EVENT SHALL ISEBOX NOR ITS SUBSIDIARIES, CLIENTS, ASSOCIATES, AFFILIATES, OR DESIGNEES NOR THEIR EMPLOYEES, DIRECTORS, OFFICERS, CLIENTS, ASSOCIATES, AFFILIATES, LICENSEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE (COLLECTIVELY “ASSOCIATES”) NOR THEIR SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND REGARDLESS OF WHETHER ISEBOX WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

 

Intended Users. The Site is intended for use by individuals over the age of eighteen (18). The Site is not intended for use by children under the age of eighteen (18). Users of the Site under the age of eighteen (18) require the assistance of a parent or guardian.

 

Indemnification. You agree to indemnify and hold harmless ISEBOX and its affiliates and their successors, assigns, and other Users from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to Your use of the Site, Your violation or alleged breach of the Terms of Use, Your dispute with another User, the unauthorized access to Your ISEBOX Track Account, or Your violation of any law, regulation, or third-party right.

 

Copyright and Intellectual Property Policy. All names, logos, service marks, and trademarks appearing in this Site, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property (“Content”), except as otherwise noted, are protected intellectual property of, or used with permission or under license by, ISEBOX, its Clients, and its Affiliates. This includes the entire Content of the Site, copyrighted and protected as a collective work.

 

The use or misuse of these trademarks or any other content on this Site, except as provided in these Terms of Use or in the Site content, is strictly prohibited. You may print copies of the information on this Site for your personal use, store the files on your computer for personal use, or reference this server from your own documents. However, you may not distribute text or graphics to others without our express written consent, unless the content is presented with the apparent purpose of distribution and media (internet, TV broadcast, print, or radio) usage. Also, you may not, without our permission, copy and distribute this information on any other server or modify or re-use text or graphics on this system or another system, unless the content is presented with the apparent purpose of distribution and media (internet, TV broadcast, print, or radio) usage. We reserve all other rights.

 

Your use of the Site is limited to personal and non-commercial use only unless other uses are granted expressly to you. You may not copy, distribute, modify, transmit, reuse, re-post, or otherwise display the Site Content for public or commercial purposes without ISEBOX’s written permission for such use of Content. You may not harvest or otherwise collect information about others, take any action that imposes an unreasonably large load on the Site’s servers, violate the security of the Site, or engage in any other conduct that exposes us or any of our users to any liability or potential harm.

 

ISEBOX respects the intellectual property of others and we ask our users to do the same. ISEBOX has no responsibility for content on other Sites that you may find or access when using the Site. Material available on or through other Sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The Terms of Use of those Sites, and not this Site’s Terms of Use, govern your use of that material.

 

It is ISEBOX’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of ISEBOX and/or others.

 

Any content that is posted found in violation of any law including but not limited to the Digital Millennium Copyright Act will be immediately taken down upon request. ISEBOX is not liable for any loss incurred as a result of complying with a taken down request regardless of the validity of the request.

DISCLAIMER OF WARRANTIES. By using the Site, You expressly agree that use of the Site is at Your sole risk. The Site is provided on an “AS IS” and “as available” basis. Neither ISEBOX nor its Affiliates or Clients warrant that use of the Site will be uninterrupted or error-free. Neither ISEBOX nor its Affiliates or Clients warrant the accuracy, integrity, or completeness of the content provided on the Site or the products or services offered for sale on the Site. Further, ISEBOX makes no representation that content provided on the Site is applicable to or appropriate for use in all locations and for all persons. ISEBOX and its Affiliates or Clients specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title and merchantability or fitness for a particular purpose. No oral advice or written information given by ISEBOX or its Affiliates or Clients shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to You.

 

LIMITATION OF LIABILITY. Under no circumstances shall ISEBOX, its Affiliates or Clients be liable for any direct, indirect, incidental, special, or consequential damages that result from Your use of, or inability to use the Site, including but not limited to reliance by You on any information obtained from the Site that results in mistakes, omissions, interruptions, deletion, or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort, or any other claim, even if an authorized representative of ISEBOX has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all, including but not limited to, content, merchandise, offers, promotions, coupons, and services promoted or available through the Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

 

ISEBOX IS NOT RESPONSIBLE FOR ANY AND ALL HARM THAT ARISES FROM THE CONSUMPTION AND/OR USE OF THE PROMOTED PRODUCTS. YOU AGREE TO HOLD ISEBOX FREE FROM ANY AND ALL LIABILITY IN TORT, CONTRACT, OR ANY OTHER LEGAL THEORY FOR ANY AND ALL HARM THAT ARISES FROM THE CONSUMPTION AND/OR USE OF THE PRODUCTS ISEBOX PROMOTES. YOU AGREE TO HOLD ISEBOX FREE FROM ANY AND ALL DAMAGES ARISING FROM THE CONSUMPTION OF AND/OR USE OF ANY PRODUCTS ISEBOX PROMOTES.

 

Termination. ISEBOX may terminate Your access to the Site at any time, for any reason, without notice, in its sole discretion. You are personally liable for any engagements on the Site prior to termination. YOU AGREE THAT ISEBOX WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE OR YOUR ISEBOX ACCOUNT. ISEBOX reserves the right to change, suspend, or discontinue any or all aspects of the Site at any time, without notice, in its sole discretion. If You become dissatisfied with the Site, Your only recourse is to immediately discontinue use of the Site.

 

DISPUTE RESOLUTION, BINDING ARBITRATION. PLEASE READ THIS SECTION CAREFULLY. THROUGH USE OF THIS SITE YOU ARE GIVING UP RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THAT YOU OR ISEBOX MAY HAVE WITH EACH OTHER THROUGH INDIVIDUAL ARBITRATION INSTEAD OF THROUGH COURT TRIALS, JURY TRIALS, OR CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

 

This Section is intended to be interpreted broadly to encompass all disputes or claims arising out of this Agreement, or Your purchase, or use of any product or service from ISEBOX.

 

ANY DISPUTE OR CLAIM MADE BY YOU AGAINST ISEBOX ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR YOUR PURCHASE OR USE OF ANY ISEBOX SERVICE OR PRODUCT REGARDLESS OF WHETHER SUCH DISPUTE OR CLAIM IS BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY (TOGETHER, A “DISPUTE”) WILL BE RESOLVED BY INFORMAL NEGOTIATIONS OR THROUGH BINDING ARBITRATION, AS DESCRIBED BELOW.

 

Informal Negotiations. To expedite resolution and control the cost of a Dispute, you and ISEBOX agree to first attempt to resolve a Dispute informally for at least thirty (30) days before initiating any arbitration. Such Informal Negotiations will commence upon written notice from one party to the other. You must send Your notice to INFO@ISEBOX.com. Please include in the subject line of the email “Request to Negotiate”.

 

Arbitration Procedures. If You and ISEBOX are unable to resolve a Dispute through Informal Negotiations, either You or ISEBOX may elect to have a Dispute resolved by binding arbitration by notifying the other party of such election, only if not satisfied with the remedy after informal negations are complete.

 

YOU AND ISEBOX AGREE THAT IN THE EVENT EITHER PARTY ELECTS TO ARBITRATE, THE ARBITRATOR(S) DECISION SHALL BE BINDING. FURTHERMORE, ALL PARTIES TO THE ARBITRATION PROCEEDING AGREE AND CONSENT THAT ALL ARBITRATION PROCEEDINGS SHALL BE HELD IN (Insert county name, Insert State Name).

 

You and ISEBOX agree to waive the right to litigate any Dispute in court and before a jury, and agree that this Arbitration provision will be governed by the Federal Arbitration Act to the maximum extent permitted by law. You and ISEBOX further agree that any arbitrator that arbitrates a Dispute under this provision is without jurisdiction to conduct a class arbitration or other representative proceeding, and may not consolidate one person’s claims with another.

 

You and ISEBOX agree that all issues of enforceability of this Agreement to Arbitrate – including issues relating to scope, validity, and unconscionability – will be decided by the arbitrator. If for any reason this Arbitration Provision is deemed inapplicable or invalid, You and ISEBOX both waive, to the fullest extent allowed by law, the right to a jury trial and any claims relating to a Dispute to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.

 

The Arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Procedures”), both of which are available at the AAA website www.adr.org, or which may be acquired by calling the AAA at 1 (800) 778-7879.

 

Any Arbitration will be confidential, and neither You nor ISEBOX may disclose the existence, content, or results of any Arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

 

If any portion of this Arbitration Provision is determined by a court or the arbitrator to be inapplicable or invalid, then the remainder shall still be given full force and effect.

 

No delay or failure to take action under the Terms of Use shall constitute any waiver by ISEBOX of any provision of the Terms of Use. If any provision of the Terms of Use is found to be invalid or unenforceable under applicable law, it shall be severed from the Terms of Use, and the remaining provisions of the Terms of Use shall continue in full force and effect. The Terms of Use will bind and inure to the benefit of ISEBOX successors and assigns. Any Dispute under the Terms of Use shall be brought within one (1) year after the date of which the cause of action arises.

 

Costs of Arbitration. Payment of all arbitrator fee’s, expenses, and administrative fees (which include filing and hearing fees) shall be paid for by the Party electing to Arbitrate. Where not in conflict with any of ISEBOX’s Terms of Use, the Arbitration procedure will be governed by the American Arbitration Association.

 

In all Arbitrations, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at the arbitration.

 

Assignment, Delegation, Transferability. The Terms of Use is personal to You and may not be transferred, assigned, or delegated to anyone. Any attempt by You to assign, transfer, or delegate the Terms of Use shall be null and void. ISEBOX may freely assign the Terms of Use without consent or notice.

 

Notice. Except as expressly stated otherwise, all notices shall be given to ISEBOX or its Affiliates or their successors or assigns at INFO@ISEBOX.com or to You at the email address You provide to ISEBOX. Notice shall be deemed given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. The Terms of Use (including all documents expressly incorporated herein by reference) constitutes the complete and exclusive Agreement between ISEBOX and You, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitations of liability, shall survive the termination of the Terms of Use.