JCW LLC dba Inspyle owns and operates this Website and provides you with access to and services through the Website, subject to the following Terms & Conditions. Inspyle can modify these Terms & Conditions at any time without notice to you. It is your responsibility to review these Terms & Conditions periodically. All amendments automatically go into effect on the day after they are posted on the Website and your use of the Website thereafter constitutes your agreement to all amendments. By accessing or using this Website, you agree to follow and be bound by these Terms & Conditions. In this Agreement, the words “user,” “you” and “your” refer to an individual Website user or visitor and “we”, us” and “our” refer to Inspyle.
YOU ARE RESPONSIBLE FOR ALL CONTENT THAT YOU POST TO THE WEBISTE. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AND IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO AND ACCEPT THE TERMS OF THESE TERMS & CONDITIONS, YOU MAY NOT ACCESS THE WEBISTE. THE WEBSITE IS NOT INTENDED FOR MINORS (DEFINED AS THOSE WHO ARE NOT AT LEAST 13 YEARS OF AGE), AND YOU MUST NOT USE THE WEBSITE IF YOU ARE A MINOR. WEBSITE USE BY ANY USER UNDER THE AGE OF 18 MUST RECEIVE PERMISSION FROM A PARENT OR GAURDIAN. USE OF THE SITE BY THOSE UNDER THE AGE OF 18 CONSTITUTES THAT PERMISSION FROM A PARENT OR LEGAL GAURDIAN HAS BEEN GRANTED.
REGISTRATION AND ACCOUNT CREATION
Before you are allowed to post any content to the Website, you must register an account (“Account”) by providing a valid email address, postal address, password and other information to obtain a user name (“User Name”). You agree to provide and maintain true, complete and current information for your Account. You agree to register only a single User Name in connection with the Website. Each Account and User Name is for a single user only. You are not allowed to share your Account or User Name or give your login credentials to anyone else. If you need to change your password or delete your account, you can send an email request to email@example.com
User Names may not contain inappropriate or obscene words, phrases, or combinations of graphics, or any other content that reasonably would be construed as offensive, vulgar, obscene, hateful, racist, inappropriate, or objectionable. Inspyle is the sole judge of whether a User Name is inappropriate or objectionable. “Inappropriate” and “objectionable” language includes, but is not limited to, obscene, defamatory, racial or profane words, phrases or combinations of characters. Your User Name may not contain words, phrases, or combinations of characters that are likely to confuse or mislead others into believing that you are affiliated with any third party with which you are not, in fact, affiliated. Although your User Name need not reveal your identity, you are required to provide truthful and complete disclosure of your name and the address and phone number where you can be reached, if requested, in connection with your Account. Failure to provide this required information or providing false information will result in termination of your Account.
You are solely responsible for all activities that occur under your Account and ensuring that you exit or log-off from your Account at the end of each session of use. Your password is confidential and you agree not to communicate it to any third-party individual or website. You will notify Inspyle immediately of any unauthorized use of your password or Account or any other breach of security that is known or suspected by you. You will be liable for all actions taken with your Account as well as for any loss or liability as a result of such use. Inspyle will not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by Inspyle or your failure to abide by these Terms & Conditions.
EARNING CASH FOR POSTING AND TAGGING PHOTOS TO THE WEBSITE
Inspyle allows you to post photos to the Website and tag those photos with the name(s) of the products shown in your photo. When another user sees your photo or video and purchases the product directly through a link associated with your post, you will earn cash rewards. The amount of cash rewards vary and depends on the particular Inspyle vendor affiliate (“Affiliate”), the item purchased and/or other factors. Inspyle charges a 25% administration fee of all cash awards received. For Example: If a chosen vendor pays 10% commission for a product purchased from your specified link, your portion of the commission received would be 7.5%. You can request and redeem cash awards only in multiples of $25.00. Payment of cash rewards is currently available through paypal, check or gift card and will be sent to the address identified in your Account. You can view your accrued cash rewards through your Account Profile. Your account must be active and in good standing to claim any cash rewards. An account with no user activity recorded for a period of 61 days or more is considered Inactive and is subject to deletion. As long as your account remains active and in good-standing, cash rewards do not expire. Cash rewards cannot be transferred to another user or user account at any time.
You may not generate or solicit non-bona-fide clicks, “likes,” or purchases through your posts to the Website. Inspyle may periodically review the hits generated through your posts and disqualify purchases that Inspyle, in its sole discretion, deems to be fraudulent activity or otherwise in violation of these Terms & Conditions. Posts must comply with these Terms & Conditions and all persons depicted in any photos you post on the Website must agree to the photo prior to being posted on the Website.
PURCHASES FROM INSPYLE AFFILATES
You can also purchase products through the Website from Inspyle Affiliates by clicking on other Inspyle users tagged posts or videos. By utilizing the website you understand that purchases made from other users photos or videos may qualify them for cash rewards and any purchases made directly by you do not qualify you for any cash rewards benefits.
Affiliate products purchased through the Website are covered by the applicable Affiliate’s return, exchange and shipping policies. Affiliate Sites will provide the shipping costs for you during the shopping cart checkout process and return and shipping policies are available only from the Affiliate’s own website. CLO purchases transactions may be subject to the Affiliate’s offline policies, which are also available only the Affiliate’s own website.
USE OF THE WEBSITE AND POSTING CONTENT
Inspyle and/or our respective third party licensors, authors or vendors own all right, title and interest in and to the content and materials provided on or through the Website, including but not limited to all text, photographs, videos, articles, music, audio clips, images, illustrations, graphics and other works of authorship displayed on the Website (“Content”), except for third-party resources as discussed below. All Content is protected by copyright, trademark and other laws. You may not copy, publish, redistribute or sell any Content and you acquire no rights in or license to the Content.
Inspyle grants you limited permission to view and print Content on any single, stand-alone computer solely for your personal, non-commercial use, provided that (i) you do not alter or remove any copyright or trademark notice appearing on the Content; (ii) the Content is not used on any other Website, networked computer environment or as part of a service bureau; and (iii) the Content is not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of this Agreement. Any unauthorized use of any Content contained on this Website may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
You agree not to modify, copy, distribute, reproduce, publish, license, create derivative works from, transfer or sell any Content, any portion of the Website, use of the Website or access to the Website. By using the Website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Inspyle be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Website.
You are prohibited from using the Website to do any of the following:
- upload, post, e-mail or otherwise transmit any content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or other information transmitted through the Website;
- upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes;” or
- “stalk” or otherwise harass another Website user or collect or store personal data about other Website users.
Inspyle does not claim ownership of the content, photographs, videos, information or materials that you or other Website users may post or upload to the Website or through public posts (“User Content”), but you do grant Inspyle a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers license) right and license to copy, transmit, distribute, publicly perform and display (in any media now known or not currently known) and prepare derivative works of your User Content for the purpose of (i) displaying your User Content on the Inspyle Website; (ii) displaying your User Content on third party websites; and (iii);archiving or preserving User Content for disputes, legal proceedings, investigations, or the like. Other than expressly stated in these Terms & Conditions, Inspyle will not compensate you for User Content and has no obligation to post or display any of your User Content. Inspyle will treat any and all User Content that you transmit to the Website by electronic mail or otherwise as non-confidential and non-proprietary. Do not submit confidential or proprietary information through the Website.
You are solely responsible for your own User Content and the consequences of posting or publishing User Content. If you do transmit, publish, post or upload any User Content to the Website, you represent and warrant for all such User Content that: (i) you have all necessary distribution and publication rights; (ii) if any third party has any right, title or interest in such User Content, that you have either (a) received permission from such third party to make the User Content available on the Website or (b) secured from the third party a waiver as to all rights necessary in or to the User Content; (iii) you have fully complied with any third-party licenses; (iv) it does not contain or install any viruses, worms, Trojan horses or any other harmful or destructive code; (v) it is not and does not contain spam, is not machine- or randomly-generated and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); (vi) it is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; (vii) is not of a pornographic or obscene nature; (viii) it does not infringe or violate any patent, copyright, trade secret, trademark or other intellectual property right of any third party; and (ix) it does not violate any applicable international, federal, state or local law, rule, legislation, regulation of ordinance, including, without limitation, the Communications Decency Act of 1996, as amended.
Although Inspyle may from time to time monitor or review User Content, Inspyle is under no obligation to do so and assumes no responsibility or liability arising from the posting of any User Content, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained within any User Content. Inspyle does, however, reserve the right to remove any User Content if a user brings to Inspyle’s attention the possibility that such User Content may result in Inspyle’s liability, is an infringement of the rights of a third party or is offensive to any third party. Inspyle will terminate your access to the Website if Inspyle determines, in its sole discretion, that you are a repeat infringer.
The Website and Content contain hyperlinks to other resources and businesses on the Internet. Those links are provided for your convenience to help you identify and locate other products, services and Internet resources that may be of interest, and are not intended to represent or imply that Inspyle sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the hyperlinks.
You agree to defend, indemnify and hold harmless Inspyle, its owners, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expense (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Inspyle Website; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, trademark or privacy right; or (iv) any claim that your User Content caused damage to a third party.
DISCLAIMER OF WARRANTIES
Inspyle makes no express or implied warranties, representations or endorsements whatsoever with respect to the Website or any Content. Inspyle expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Website or any Content. Inspyle does not warrant that the functions performed by the Website will be uninterrupted, timely, secure or error-free, or that defects in the Website will be corrected. Inspyle does not warrant the accuracy or completeness of the Website or Content, or that any errors in the Content will be corrected. The Website and Content are provided on an “as is” and “as available” basis.
LIMITATION OF LIABILITY
IN NO EVENT SHALL INSPYLE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF INSPYLE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE AND ANY INFORMATION OR CONTENT AVAILABLE FROM THE WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FORCONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Inspyle controls and operates the Website from Lenexa, Kansas. Any claim relating to the Website shall be governed by the substantive laws of the State of Kansas, without regard to its conflict of law provisions, and you agree that jurisdiction and venue in any legal proceeding arising out of or relating to any of the foregoing shall be exclusive in the state court located in Johnson County, Missouri or the United States District Court for the District of Kansas located in Kansas City, Wyandotte County, Kansas. You agree to the exclusive jurisdiction of the federal and state courts located in the State of Kansas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
COMPLIANCE WITH INSPYLE’S PRIVACY AND INTELLECTUAL PROPERTY POLICIES