Terms of Service
Please read this document carefully. The presently included terms of service (“Terms”) in conjunction with InBrowser’s privacy policy located at https:// inbrowserapp.com/privacy-policy (“Privacy Policy”), form a binding legal agreement between you and LTM TP, LLC (“InBrowser”), a Delaware limited liability company whose principal place of business is 4643 S. Ulster St. Suite 1120 Denver, CO 80237. By using the InBrowser browser software services you (“User”) hereby agree to be bound by these Terms. If you disagree with or dispute any term listed herein for any reason whatsoever, please immediately discontinue the use of the InBrowser service(s).
InBrowser grants User a limited revocable right to use the InBrowser browser software services (“Services”) for personal use only.
InBrowser reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice to the User. User agrees that InBrowser shall not be liable to User or to any third party for any modification, suspension, or discontinuance of the Services.
In order to use the Services, User must be an adult above the age of majority able to enter into legal agreements so that as a prerequisite User can legally agree to these Terms. User may not use the Services if User does not accept all of the Terms listed herein. User may accept these Terms by either clicking to accept or agree to the Terms, where this option is made available to User by InBrowser; or by actually utilizing the Services. In the event the User utilizes the Services rather than clicks to accept the Terms, User understands and agrees that InBrowser will treat User’s use of the Services as acceptance of the Terms from that point onwards.
1. ACCEPTABLE USE
1.1 As a condition of User’s use of the Services, User warrants to InBrowser that the Services will not be used for any purpose that is unlawful or otherwise prohibited by these Terms.
1.2 Users agree to use the Services only to send, receive, upload, and publish personal messages and content. Any unauthorized commercial use of the Services, or their resale, is expressly prohibited.
1.3 User agrees to abide by all applicable local, state, national, and international laws and regulations and is solely responsible for all acts or omissions that occur under User’s account or password, including the content of User’s transmissions through the Services or any content User uploads or publishes through the Services.
1.4 Certain features of the Services may allow User to publish or send content that can be viewed by others (“User Generated Content”). User agrees that InBrowser is not liable for User Generated Content that is provided by others. InBrowser has no duty to pre-screen User Generated Content, but InBrowser has the right to refuse to post, edit, or deliver User Generated Content. InBrowser reserves the right to remove User Generated Content for any reason, but InBrowser is not responsible for any failure or delay in removing such material. InBrowser reserves the right to block User’s access to any content, website or webpage in our sole discretion.
1.5 By using the Services, User warrants that User will not upload, transfer, or otherwise make available files, images, code, materials, or other information or content (“Content”) that is obscene, vulgar, sexually-oriented, hateful, threatening, or that violates any laws or third-party rights, hereunder, but not limited to, third-party intellectual property rights. InBrowser strictly forbids unsolicited messaging and unauthorized advertisements while using any InBrowser service. User warrants that User hold all the necessary rights to upload to InBrowser’s site or another site designated by InBrowser, including the necessary consent to upload and distribute any personal information about third persons and that User will not upload viruses or other forms of malware.
1.6 InBrowser has a zero-tolerance policy against child sexual abuse content and will terminate the access of any User who publishes or distributes child sexual abuse content. Furthermore, we will report such User to the appropriate authorities.
1.7 Disputes may arise between User and others or between User and InBrowser related to content, including User Generated Content. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks, or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. User agrees that all claims, disputes, or wrongdoing that result from, or are related in any way to, the content of information that User posts, transmits, re-transmits, or receives through the Services or InBrowser’s network are User’s sole and exclusive responsibility. InBrowser may at its discretion block certain websites or domains and re-route User to other pages. By accepting these Terms, User hereby consents to this.
1.8 InBrowser does not claim ownership of any User Generated Content. However, by submitting User Generated Content to us, User grants InBrowser the right and limited license to use, copy, display, perform, distribute, and adapt this User Generated Content for the purpose of carrying out the Services.
1.9 By submitting any ideas, concepts, know-how, or techniques submitted to any InBrowser developer forum or service, you consent to InBrowser’s unrestricted use of those items.
2. DISCLAIMERS OF WARRANTY / LIMITATIONS ON LIABILITY
2.1 The information and services included in or available through the Services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. InBrowser and/or its respective suppliers may make improvements and/or changes to the Services at any time.
2.2 InBrowser does not represent or warrant that the Services will be uninterrupted or error free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or other harmful components. InBrowser does not warrant or represent that the use or the results of the use of the Services or the materials made available, as part of the Services will be correct, accurate, timely, or otherwise reliable.
2.3 User specifically agrees that InBrowser shall not be responsible for unauthorized access to or alteration of User’s transmissions or data, any material or data sent or received or not sent or received, or any transactions entered or failed to be entered into through the Services. User specifically agrees that InBrowser is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. User specifically agrees that InBrowser is not responsible for any content sent using and/or included in the Services by any third party.
2.4 InBrowser reserves the right to assign its rights and responsibilities under this agreement to any third party.
2.5 INBROWSER AND/OR ITS AFFILIATES, PARENT COMPANIES, OR PARTNERS MAKE NO REPRESENTATIONS TO USER ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICES FOR ANY PURPOSE. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. INBROWSER AND/OR ITS AFFILIATES, PARENT COMPANIES, OR PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
2.6 IN NO EVENT SHALL INBROWSER AND/OR ITS AFFILIATES, PARENT COMPANIES, OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES OR RELATED WEBSITES, WITH THE DELAY OR INABILITY TO USE THE SERVICES OR RELATED WEBSITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF INBROWSER AND/OR ITS AFFILIATES, PARENT COMPANIES, OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND RELATED WEBSITES.
3. THIRD-PARTY WEBSITE LINKS
3.1 The Services contain (or User may be sent through InBrowser’s Site or the Service) links to other websites (“Third-Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the “Third-Party Applications, Software, or Content”). The Services, Third-Party Sites, Third-Party Applications, Software, and Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by InBrowser. Furthermore, InBrowser is not responsible for User’s use of the Services or any Third-Party Sites accessed through InBrowser’s Site or any Third-Party Applications, Software, or Content posted on, available through, or installed from InBrowser’s Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software, or Content does not imply approval or endorsement thereof by InBrowser.
3.2 If User decides to access the Third-Party Sites or to use or install any Third Party Applications, Software, or Content, User does so at User’s own risk, and User should be aware that our terms and policies no longer govern. User should review the applicable terms and policies, including privacy and data gathering practices, of any site to which User navigates to or any applications User uses or installs from the site.
4. INDEMNIFICATION OF INBROWSER
User agrees to indemnify and hold InBrowser, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of User’s use of or conduct on the Services.
5. PROPRIETARY RIGHTS TO CONTENT
User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Services, by InBrowser, or InBrowser’s advertisers or other content providers, is protected by copyright, trademark, patent and/or other proprietary rights and laws. User agrees not to violate these laws or infringe these rights in any way.
6. TERM AND TERMINATION OF AGREEMENT
InBrowser may terminate User’s access to any part or all of the Services and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. InBrowser may also terminate or suspend a User’s account for inactivity, which is defined as failing to sign-in to the Services for an extended period of time, as determined solely in the discretion of InBrowser. Upon termination of the Services, User’s right to use the Services immediately ceases.
7. AMENDMENTS, COMPLETE AGREEMENT
These Terms, as well as InBrowser’s Privacy Policy, may be amended by InBrowser without notice at any time in the future. Changes to these Terms of Service shall be posted at https://inbrowserapp.com/terms-of-service. It is the responsibility of User to remain informed of any changes at all times, as User is bound by the latest version of the Terms and Privacy Policy. This Agreement supersedes all prior agreements and understandings (whether written or oral) between InBrowser and User with respect to the subject matter hereof.
8. GENERAL
This Agreement will be governed by the laws of the State of Colorado without giving effect to any conflicts of law principles that may require the application of the laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement. All actions or proceedings arising under or related to this agreement must be brought in the applicable federal or state courts located in Denver Colorado, and each party hereby agrees to irrevocably submit to the jurisdiction and venue of any such court in all such actions or proceedings. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this agreement shall not be affected or impaired thereby. User may not assign or transfer this agreement without obtaining InBrowser’s prior written consent, and any purported assignment or transfer in violation of this Section 8 will be null and void.
