Please read the following End User License Agreement (the “EULA”) carefully before using the CatalogIt application (the “App”) as it contains the legal terms and conditions that you agree to when you access the App or the services provided to you through the App. For the purposes of this EULA, “you” means you, the person using the App, as well as any persons that you authorize to use your account. By using the App and the information and services available through the App, you (so, the person using the App as well as any persons that you authorize to use your account) agree to follow and be bound by the EULA. If you do not agree to the EULA, do not use the App.
The App is owned by It Unlimited, Inc., (“It Unlimited”). It Unlimited reserves the right, at its discretion, to modify the EULA at any time, and any such modification will be effective immediately upon posting the modification. We suggest that you check the EULA periodically for modifications. If you use the App after we post modifications to the App, then you will be bound by such modifications.
DATA, INFORMATION, AND CONTENT
You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any data, information, or content on the App before making any decisions based on such data, information, or content.
LICENSE AND SITE ACCESS
It Unlimited hereby grants you a limited, nonexclusive, non transferable license to utilize the features of the App. You are solely responsible for obtaining, paying for, repairing, and maintaining all of the equipment, telephone lines, and other material that you need to access the App. All rights not expressly granted herein are reserved by It Unlimited. It Unlimited expressly reserves the right to monitor any and all use of the App.
Unless you have obtained prior written permission from It Unlimited, you, and any other users authorized by you, may not:
Copy, modify, or display the It Unlimited or CatalogIt name, logo, trademarks, text, or graphic images in any way, except as set forth herein. To request express written permission, you may send us an e-mail at email@example.com;
Redeliver any of the pages, text, images, or content of the App using "framing" technology;
Modify or use the pages, text, images, or content from the App, other than pages, text, images, or content you have uploaded to the App, for any other purpose outside the App- doing so is a violation of It Unlimited’s copyrights and other proprietary rights;
Use devices (including software) that are designed to provide repeated automated access to the App, or probe, scan, or test the vulnerability of any system or network related in any way to the App, without proper authorization. It Unlimited reserves the right to take all measures necessary to prevent such access, probing, scanning, or testing, including denial or termination of service;
Modify the App, create derivative works of the App, or reverse engineer, reverse compile, reverse assemble or do any other operation with the App that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the App;
Include “It Unlimited,” “CatalogIt”, any It Unlimited trademark, the name of any It Unlimited executive, or any variation of any of the foregoing, as a meta-tag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, or endorsement between any user and/or other application or website and It Unlimited.
Copyright© 2020 It Unlimited, Inc. All rights reserved.
All content on the App, other than pages, text, images, or content you have uploaded to the App, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code, and xml code, is the property of It Unlimited, and is protected by United States and international copyright laws.
The compilation of all content on the App is the exclusive property of It Unlimited and is protected by U.S. and international copyright laws. All software used on the App is the exclusive property of It Unlimited or its software suppliers and is protected by U.S. and international copyright laws and other laws.
Other It Unlimited graphics, logos, page headers, and service names are trademarks or trade dress of It Unlimited. It Unlimited trademarks and trade dress may not be used in connection with any product or service that is not It Unlimited in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits It Unlimited.
COPYRIGHT IN YOUR CONTENT
It Unlimited does not claim ownership rights in any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials or content you enter, make available or use in connection with the App or use in connection with your account (“Content”). You remain the owner of all Content that you submit to the App and you may remove from the App and retain any Content you submit to the App at any time and from time to time. As a condition to your use of the App, you represent and warrant to It Unlimited with respect to any Content you submit to the App, that either (i) you are the owner of the copyright to the Content , (ii) you have written permission from the copyright owner to submit such Content, (iii) your use of the Content constitutes "fair use" of the Content under applicable copyright law, (iv) such Content is accessible only to you for your internal use and is not delivered or published to any third party through the App, or (iv) the Content as submitted to, made available or used in connection with the App is otherwise free of copyright protection. In addition, you warrant that all moral rights in any Content have been waived. You agree to indemnify and hold It Unlimited harmless for any violation of any third party's copyright under applicable copyright laws caused by your submission, presentation or use of Content in connection with the App.
The App may provide links that will take you to third party websites. These links are provided for your convenience only. Similarly, you may include links to third party websites within your account. If you decide to access a linked website you do so at your own risk. It Unlimited does not endorse or take responsibility for the content on any other website or the availability of any other website and you agree that It Unlimited is not liable for any loss or damage that you may suffer by accessing another website.
You are solely responsible for maintaining the confidentiality of any account information, user names, access permissions, and passwords that you use to access the App or any product or service available through the App. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your accounts, user names, or passwords that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, you agree to contact us immediately.
You must register and be a valid user of the App to submit material to your account. At all times, you are solely responsible for the content of any material you submit to your App account. You may not submit or transmit any material that contains a virus or other harmful component.
It Unlimited does not screen, and is not responsible for screening material publicly posted or shared through the App for defamation; fraud; falsity or inaccuracy; obscenity; invasion of privacy; copyright or trademark infringement, or violation of intellectual property rights of another party. However, if it comes to the attention of It Unlimited that a user has posted or shared through the App any content which constitutes defamation, fraud, false or inaccurate information, obscenity, invasion of privacy, copyright or trademark infringement, or other violation of intellectual property rights, such action will be deemed to violate the It Unlimited content standards and will constitute a breach of this EULA. It Unlimited, in its sole discretion, may terminate the registration of any App account where a user of that account directly or indirectly violates any of the terms of this EULA, including through posting or sharing such content.
By posting material of any kind through the App, you grant to It Unlimited, or warrant that the owner of the copyright in such material expressly has granted to It Unlimited, a perpetual, world-wide, non-exclusive, and royalty-free license to store such material, in its original or edited form, in connection your account. You also warrant that all “moral rights” in such material have been waived by the owner of any such rights.
PRICING AND PAYMENT
The subscription fees for the services provided through the App will be posted on the CatalogIt website, www.catalogit.app (the “Website”) and depend on the particular plan you select. Fees are subject to change, but that change will not be implemented without prior notice to you via the email address you provided to create your CatalogIt account.
Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access the App. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.
The rights granted to you herein terminate immediately upon any violation by you of this EULA. It Unlimited reserves the right to terminate your access to the App at any time, without notice, for any reason whatsoever. You agree that It Unlimited shall not be liable to you or any third party for any termination of your access to the App. In the event of termination by It Unlimited, It Unlimited will use reasonable efforts to return to the principal user all user content stored for the user account; provided that It Unlimited reserves the right to destroy any content deemed in violation of the It Unlimited account standards.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, IT UNLIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE APP AND ANY PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE APP, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IT UNLIMITED MAKES NO WARRANTY THAT:
1. THE APP WILL MEET YOUR REQUIREMENTS;
2. THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS, OR OTHER HARMFUL COMPONENTS;
3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE;
4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS;
5. ANY ERRORS ON THE APP WILL BE CORRECTED; AND
6. THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THE APP ARE CORRECT, ACCURATE, OR RELIABLE.
ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO OR LOSS OF DATA FROM YOUR COMPUTER SYSTEM OR OTHER ELECTRONIC DEVICE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
YOU AGREE THAT IT UNLIMITED OR ANY THIRD PARTY ENGAGED IN PROVIDING SERVICES TO YOU ON OR THROUGH THE APP SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE, OR OTHER OCCURRENCES BEYOND THE CONTROL OF IT UNLIMITED OR SUCH THIRD PARTIES.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM IT UNLIMITED, FROM AN IT UNLIMITED EMPLOYEE OR AGENT, OR THROUGH OR FROM THE APP, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS EULA. IT UNLIMITED WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF IT UNLIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
1. THE USE OF OR THE INABILITY TO USE THE APP;
2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE APP;
3. ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS, OR DATA DUE TO YOUR CONDUCT, INACTION, OR NEGLIGENCE;
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP; OR
5. ANY OTHER MATTER RELATING TO THE APP.
You agree to indemnify, defend, and hold harmless It Unlimited, its subsidiaries and affiliates, and the officers, directors, employees, and agents of It Unlimited and its subsidiaries and affiliates, from and against any and all claims, liabilities, damages, losses, or expenses, including attorney's fees and costs, arising out of or in any way connected with your access to or use of the App.
INTEGRATION AND SEVERABILITY
If any provision of this EULA is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this EULA and will not affect the validity and enforceability of the remaining provisions. This EULA represents the entire agreement between It Unlimited and the user relating to the subject matter herein.
APPLICABLE LAW AND VENUE
Unless otherwise specified, It Unlimited controls and operates the App from our offices in Oakland, CA, United States of America. It Unlimited does not claim that materials in this App are appropriate or available for use in locations other than the United States. If you choose to access the App from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws, as set forth above. By accessing the App, you agree that the laws of California, United States of America, without regard to principles of conflict of laws, will govern this EULA and any dispute of any sort that might arise between you and It Unlimited or its affiliates. If you take legal action relating to this EULA, you agree to file such action only in the State of California in the city of Oakland, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
You and It Unlimited acknowledge that the EULA is concluded between you and It Unlimited only, and It Unlimited is solely responsible for the App and the content thereof.
SCOPE OF LICENSE
The license granted to you for the App is limited to a non-transferable license to use the App on any applicable device that you own or control.
MAINTENANCE AND SUPPORT
It Unlimited is solely responsible for providing any maintenance and support services with respect to the App, as specified in this EULA, or as required under applicable law. You and It Unlimited acknowledge that no other party has any obligation whatsoever to furnish any maintenance and support services with respect to the App.
It Unlimited is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, or such other digital distribution platform on which the App was purchased, and Apple or such other platform will refund the purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of It Unlimited.
You and It Unlimited acknowledge that It Unlimited is responsible for addressing any claims of yours relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This EULA does not limit the liability of It Unlimited to you beyond what is permitted by applicable law.
INTELLECTUAL PROPERTY RIGHTS
You and It Unlimited acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, It Unlimited will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided that any content you create on or upload to the App is excluded from such It Unlimited responsibility and you remain solely responsible for any such content.
You 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.
DEVELOPER NAME AND ADDRESS
Your questions, complaints or claims with respect to the App should be directed to It Unlimited via telephone at (510) 842-7706 or via email at firstname.lastname@example.org.
THIRD PARTY TERMS OF AGREEMENT
You must comply with applicable third party terms of agreement when using the App; e.g., you must not be in violation of the service agreement with your Internet service provider when using the App.
THIRD PARTY BENEFICIARY
You and It Unlimited acknowledge and agree that Apple, or such other digital distribution platform on which the App was purchased or obtained, and any of their respective subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple or such other digital distribution platform on which the App was purchased or obtained, will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.
AMENDMENT OF TERMS
We reserve the right to amend this EULA and will notify you in advance if changes are made. Your continued use of the App constitutes acceptance of any amendments, additions, or modifications to the EULA.